Again, this goes to the ridiculous way the rule is written (in some jurisdictions at least), and interpreted. It says they have to determine that it DID affect the outcome, as opposed to could have. By that definition there is no such thing as a foul early in the race, even if you drop a 1/5 shot-- who is to say he would have hit the board?

I had no dog in the fight, but in any sane universe that filly comes down.