Racing NSW is still considering whether to appeal the overturning of a disqualification handed to Randwick trainer Kevin Moses, whose stable star Zoutenant could be sold before lining up in the Brian Crowley Stakes on Saturday.
Only days after having a 12-month disqualification for a cobalt positive quashed by the Racing NSW Appeals Panel, Moses' joy could be slightly soured with one-time Magic Millions hopeful Zoutenant an uncertain starter at Randwick.
The veteran trainer was hoping to use the listed sprint as a potential springboard to the group 1 Coolmore Stud Stakes on Derby Day.
Moses has swiftly moved on from the cobalt positive incurred by Felix Bay in a restricted race at Hawkesbury in April after his disqualification was reduced to a two-year suspended sentence, provided he does not incur another prohibited substance breach in that time.
He is unlikely to challenge the $20,000 fine imposed on him by the Racing NSW Appeals Panel.
"I can appeal, but that will have to go to a judge and for something that should never have happened, it's already [cost a lot]," Moses said.
"I sponsor a couple of guys [who work in the stable] and we've got staff that are all close together. They were all happy with the decision."
Moses has maintained a regime of vitamins and supplements triggered Felix Bay - whose water intake has been kept to a minimum after incurring a three-month ban for bleeding in 2013 - exceeding the 200 micrograms per litre of urine threshold in a pre-race test.
The Racing NSW Appeals Panel wiped the disqualification on the grounds no conclusion could be established on how the excessive levels of cobalt came to be in Felix Bay's system.
Chief steward Ray Murrihy said the governing body was still considering whether to appeal that decision and escalate the case to the Racing NSW Appeals Tribunal.
"Racing NSW will obviously look at the reasons for the appeal decision and will make that call," Murrihy said.
The long-awaited hearings into the Victorian cobalt positives will begin when training partners Lee and Shannon Hope face the Racing Appeals and Disciplinary Board on Thursday, two days before the Caulfield Cup.
Moses' Zoutenant beat home all bar arguably Australia's best colt Exosphere in the Roman Consul Stakes last start, fuelling the trainer's confidence for the Brian Crowley hit out.
But the owners are considering a lucrative offer for the Wyong Magic Millions winner, who will have Tim Clark on board should the sale not proceed before Saturday.
"At this stage he will be running," Moses said. "He's come through [the Roman Consul run] very, very well and I couldn't be happier with him. We haven't had to do much with him.
"He's fit and he's poking along enjoying himself. You're not going to get them fitter than what they are, so you've just got to keep them happy."
Chris Waller's San Domenico Stakes winner Japonisme will shoulder 58.5 kilograms as topweight for the Brian Crowley should he be an acceptor when final fields are declared on Wednesday morning.
