The appeal from connections of He’s Remarkable to overturn the Railway Stakes decision has failed before it even got off the ground.

Connections launched the bid after the felt they were wrongly stripped of the $1 million Group 1 title during November last year in Perth.

Today though the WA Racing Penalties Appeal Tribunal threw out their case under the instruction of chairman Dan Mossenson.

This wasn’t actually the appeal itself, they were simply asking for grounds to launch an official appeal against the stewards.

What this means is Luckygray will remain the winner of the Railway stakes despite being comfortably beaten on the line.

He’s Remarkable was first past the post but had it stripped from him in sensational fashion with interference found 500m from home.

He’s Remarkable wasn’t even in the vicinity of Luckgray but stewards decided he started a chain reaction that eventually cost Luckygray its momentum.

It was probably the most controversial decision all year in Australian racing but whatever your view the matter has now been put to bed.

The RPAT heard evidence for three hours yesterday but found no evidence to grant leave to appeal despite the best efforts of lead lawyer Tom Percy.

Percy’s case rested with the fact stewards never questioned rider William Pike during the protest robbing the panel of key evidence.

“There were procedural errors and unfairness in the protest hearing,” Percy said.

Mossenson refused to publish the reasons for the decision saying they will become available at a yet to be determined date.