The following statement was released yesterday by Racing & Wagering Western Australia following the lodgement of a leave of appeal application by counsel acting for the connections of He's Remarkable:
RWWA Stewards have today been advised by the WA Racing Penalties Appeals Tribunal of the lodgement of a Notice of Appeal on behalf of the owners of HE’S REMARKABLE, seeking leave to appeal pursuant to Section 13 (2) (a) and (b) of the Racing Penalties Appeals Act 1990 against the determination made in relation to the placings in the Railway Stakes at Ascot Racecourse on Saturday, 19 November 2011 whereby HE’S REMARKABLE was relegated from first to second placing behind LUCKYGRAY.
In accordance with the Racing Penalties Appeals Act 1990, there is no automatic right of appeal in relation to matters relating to protests and consequently requires that the Tribunal first grant leave to appeal before the matter proceeds.
The Stewards are keen for this application to be determined as soon as practicable and will be responding to the application on the basis that their decision was reasonably open to them and entirely justifiable based on all of the evidence presented throughout the objection hearing and that there was no denial of procedural fairness that would in any way support the granting of leave to appeal.
Stakemonies in relation to this matter will be held by RWWA until the completion of all proceedings.
DENIS N BOROVICA
Acting General Manager Integrity
- The Informant