04/20/2007 12:00AM

Malakoff disqualification upheld


ETOBICOKE, Ontario - An appeal by Stronach Stable and trainer Brian Lynch, whose Malakoff was disqualified and placed fifth after finishing first in the Prince of Wales Stakes at Fort Erie last July 16, has been denied by the Ontario Racing Commission.

The ORC ruling, released Friday following a hearing which took place March 28-30, finally confirms Shillelagh Slew, who had been moved up to first upon Malakoff's disqualification by the stewards, as the official winner of the $500,000 Prince of Wales.

The stewards had ruled that Malakoff had come in during the stretch run of the Prince of Wales, interfering with Shillelagh Slew and setting off a chain reaction which also affected third-place finisher Pipers Thunder and fifth-place finisher Edenwold.

Stronach's lawyers had argued that the whip of rider Dino Luciani, aboard Shillelagh Slew, had become entangled in Malakoff's tail when the two horses were in close quarters and led to the interference.

The ORC, while not disputing the whip argument, found that Luciani was blameless and the incident had not affected the outcome.

Todd Kabel, who rode Malakoff, had appealed a three-day suspension issued by the stewards and now will serve those days Friday, April 27-29.

Shillelagh Slew, owned by David James, trained by Mike DePaulo, went on to be voted Canada's champion 3-year-old male.