The drama surrounding the Railway Stakes protest will drag on even further with owners of He’s Remarkable now almost certain to take the matter to court.

They have sought leave to appeal the decision where stewards stripped him of the win in favour of the second placed Luckygray due to interference at the 600m mark.

New Zealand trainer Roger James has been critical of the protest hearing throughout an openly admits he felt he was robbed in the $1 million event.

Not only did the connections lose a huge amount of prize money from the decision they’ve also lost plenty more in future stud earnings.

West Australian stewards will now be forced to submit a report to the WA Racing Penalties Appeal Tribunal showing why their decision should remain.

James says that at the time he queried what appeal options he had and was informed he had none.

Stewards though say they never denied him any of his rights and their ruling was made completely on the basis of the evidence they had to work with.

The tribunal is expected to decide whether or not an appeal can be launched this week with prize money already frozen until the legal process is completed.

The protest caused huge controversy around Australia with many calling it the biggest disgrace they’ve seen at Group 1 level and others calling into question the neutrality of stewards towards the locally trained Luckygray.

The horse couldn’t make it back to back group 1 wins last start when it finished fifth to the resurgent Playing God in the Kingston Town Classic.