Monday’s start to the Galway festival could be overshadowed by an application to the High Court for an injunction

that may yet allow the Tony Martin -trained Pyromaniac line up in next week's €300,000 Guinness Galway Hurdle.

Pyromaniac had been prominent in ante-post betting lists for the big race prior to a Turf Club referrals committee appeal hearing on Thursday which maintained a 42-day suspension on the horse although for a breach of a different section of the rule than the one he was originally penalised under.

Pyromaniac was originally banned from racing, and Martin fined €2,000, under"non-trier" rules at Killarney last week.

At Thursday’s appeal, Martin successfully argued that he hadn’t used the racecourse as a training ground when Pyromaniac was sixth in an amateur rider’s race, outlining how issues with the horse’s teeth could have affected his performance.

Both original penalties were lifted, but the Co Meath trainer was fined €1,000 and Pyromaniac, who races in the colours of Maurice Regan’s Newtown Anner Stud, was still banned for 42 days under rule 212 (aii), which relates to horses running “where they are in a condition which could preclude their chances of winning”.

In delivering their decision the referrals committee stressed that Martin hadn’t been negligent in his care of the horse.

Martin has confirmed both he and the horse’s owners are taking legal advice on the matter and it is understood an application for a judicial review of the decision is likely to be made in the High Court on Monday.

If that is successful, Pyromaniac, who holds a number of Galway entries, could still run in Ballybrit.

“Whatever about me, the owner and the horse don’t deserve what’s happening,” Martin said.

“I accept the stewards have a very difficult job to do, but I feel we will have to pursue this further for the sake of the owner and the horse.

“ I will be advised by the legal people, but the owner has done nothing to deserve this.

“The horse has done nothing wrong and if there are races at Galway that suit him, then we will look at them. The Galway Hurdle looks an obvious race,” he added.

A Turf Club spokesman declined to comment on the matter.