Leading reinsman Blake Jones has lodged an appeal after being handed out a six-week suspension at Leeton on Tuesday.
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Stewards determined his drive on Mozzarella was unacceptable after the mare failed to secure a clear run.
After being beaten for early speed from gate one, Jones elected to remain on the peg line and the $1.80 favourite was never fully tested.
She was beaten three metres by Tropical Storm.
Stewards argued he elected not to shift the mare wider on the track when there was space to do so when handing out their sentence.
However the Coleambally reinsman, who pleaded not guilty to the charge, believes he drove to give the mare her best possible chance.
"The horse won from the exact same position it won a race, it is always a better horse driven on the fence and was first up for 11 months," Jones said.
"It wasn't 100 per cent rock hard (fit) and I don't think in the run up the straight she attacked the line like she should if she was going to win."
Jones is waiting to see if he will be granted a stay with the penalty set to start after Albury's meeting on Tuesday.
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