Good stuff fellas, pretty much covered all the bases on this one already. I do think Hughes made a very valid point in the enquiry…he said we could have gone another half mile and Sky Lantern wouldn’t have got by. Not coz she was slower than Elusive Kate, but because with buick’s whip in his left hand and the horse constantly rolling left – maintaining her stride and shoulder marginally ahead, it would have been very difficult. Add in the clear intimidation I thought Hughes did well in the inquiry.
For me its summed up like a wild lunging tackle in football. "I never touched him ref" after a wild lunge causes the winger to take evasive action and lose control of the ball. You cant say a foul took place but also you could say that the actions of the offending party caused an outcome that would not otherwise have occurred.
Under the rules its correct that the result stands as cant prove conclusively that Sky Lantern would have won but using probability you’d have to say it was highly likely she would have – you have to feel sorry for Sky Lantern.