Panel shows new-found flexibility in restructuring rule

Objective viewers might reasonably conclude that the appeal proceedings and outcomes pertaining to Cloudy Morning and Theturnofthesun serve only to further muddy the water in relation to alleged non-triers.

Considerable frustration was expressed by those involved in both appeals that the hearings unfolded in a slightly disorderly manner. That might be reflective of the whole process of restructuring rule 212, taking time to bed in and the transition is clearly hardest for jockeys.

In opting to uphold the appeal of Cloudy Morning's connections but instead refer them under rule 212, section aiii (the schooling in public sub-clause), the appeal panel exercised an existing function that has at times not been properly utilised.