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Jockey Zac Spain has had a serious handling charge dismissed, with the Victorian Racing Tribunal ruling it was 'not comfortably satisfied' the charge was made out.
The 24-year-old had been charged under AR 129(2) for his ride on Island Empress in Race 3 at Moe on November 19, when stewards alleged he failed to maintain his position behind the eventual winner To The Barricades and instead went back to the inside fence.
However, at the VRT hearing conducted before Judge John Bowman and Heidi Keighran on Wednesday, it was ruled that Spain had followed instructions by going close to the rails and riding for luck, which did not eventuate.