Leave Of Appeal Lodged Over He's Remarkable Relegation

The decision was made today by the connections of He’s Remarkable to apply for leave of appeal into his relegation after winning the Gr. 1 Railway Stakes in Perth two weeks ago.

Following a meeting between trainer Roger James and owners Gerard Peterson, John Struthers and Rod Baulcomb, Perth counsel Tom Percy QC and Gerald Yin have been instructed to lodge the leave of appeal application with the appropriate authority.

“It’s been a long, involved process investigating our options,” James told www.theinformant.co.nz this afternoon. “That included lengthy consultation and legal opinion and at the end of it all the owners were unanimous in deciding to take this course of action. Both of our counsel are racing people and are very keen to see if we can succeed in getting leave of appeal.”

The leave of appeal application is a procedural requirement as the preliminary step to an actual appeal against the relegation of He’s Remarkable behind runner-up Luckygray in the A$1 million Railway Stakes. Under West Australian law there are two grounds for an application of this nature - that an appeal is deemed to be in the public interest or that a procedural error at the original inquiry hearing can be proved.

James was not prepared to divulge whether one or both grounds would be cited, but did point to the massive feedback he and others have received in the wake of the controversial relegation.

“There are the obvious personal reasons in the loss of earnings and the value of the horse with the Group One win being taken off him, but we’ve also been buoyed by the overwhelming support from all sorts of people throughout Australia and New Zealand.

“The media on the whole have been supportive and understanding of our opinion of the relegation and even now, nearly two weeks after the event, I’m still getting calls, letters and opinions from so many about what happened.”

Meanwhile, He’s Remarkable is thriving in a spelling paddock after arriving back in Cambridge via Melbourne last Saturday. No definite plans have been set for his return to training, apart from the Doncaster Handicap in Sydney at the end of April being his primary late season target.

“For all his travel he’s returned home in grand order,” James said. “I thought originally that he would need three weeks or more in the paddock, but seeing how well he is I don’t know if he’ll need to be out that long.

“Being an entire he may be better ticking over in work to keep his mind on the job at hand.”


- The Informant

Posted: Fri 02 Dec 2011