He's Remarkable Railway appeal fails
WA galloper Luckygray will retain his win in the $1 million Carlton Draught Railway Stakes (1600m) as a result of a WA Racing Penalties Appeal Tribunal decision yesterday.
Tribunal chairman Dan Mossenson rejected an application by connections of He's Remarkable for leave to appeal against the decision demoting him from first.
He's Remarkable was first past the post in the Group 1 feature on November 19, but stewards upheld a protest by Luckygray's rider Shaun O'Donnell alleging interference at the 600m. Mossenson heard three hours of evidence yesterday before rejecting the application. He said he would publish his reasons at a later date.
Tom Percy QC, represented He's Remarkable's New Zealand owners, headed by Gerard Peterson.
Lawyer Gerald Yin, assisting Percy, said yesterday's rejection of the application for leave to appeal against the protest had virtually ended a process in racing.
"It now appears, in view of this decision, there can be no chance that appeals can be successfully lodged against stewards' decisions," Yin said.
Percy told the tribunal stewards had not questioned jockey William Pike during the protest hearing and the rider could have provided key evidence.
"There were procedural errors and unfairness in the protest hearing," Percy said.
Luckygray's Geraldton part-owners Ross Drage and Barry Mitchell were relieved.
"This unfortunate situation has lasted a long time since the happy day of the race," Drage said.
Mitchell said the owners who raced the horse in partnership with Troy Maver would start planning the horse's future.
