The owners of He's Remarkable have been declined leave to appeal the relegation of the horse from first to second in the Railway Stakes in Perth.
The Western Australian Penalties Appeal Tribunal rejected an application by the owners for leave to appeal.
He's Remarkable, trained by Roger James at Cambridge for New Zealand owners including Gerard Peterson, was relegated from first to second in the $1 million group one Railway Stakes on November 19. Stewards upheld a protest by Shaun O'Donnell, the rider of Luckygray, who was second past the post. The protest was on the grounds of interference at the 600m. The Tribunal heard three hours of evidence on Tuesday, it was reported in the West Australian newspaper.
Tom Percy QC, represented the owners of He's Remarkable. He was assisted by lawyer Gerard Yin.
"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, chaired by Dan Mossenson, that 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.
* Out-of-form gallopers Shadowfax and Danzylum have been sensationally backed to spoil the return of Caulfield Cup winner Southern Speed in the Listed John Dillon Stakes at Caulfield today.
One TAB Sportsbet punter has unloaded on Shadowfax and smashed his quote from $7.50 to $4.40 favouritism, while Danzylum has been backed from $21 to $9 for today's 1400m feature. Southern Speed opened at $5.50 but had eased to $7 yesterday following the heavy support for her rivals.
- additional reporting AAP