The Jockey Club, which owns and operates Epsom Downs, had received an injunction banning the animal rights group Animal Rising of which Newman is a member, prior to the Derby in June. Newman's two-month prison sentence was suspended for 18 months during contempt of court proceedings on Wednesday. Tim James-Matthews, for Newman, said he “reiterates his sincere apologies to the court, the claimant and those affected by his conduct”. James-Matthews stated that although Newman had entered the track during the race, that there was still time for the horses to stop.

Justice Miles accepted that Newman was “motivated by conscientious objectives” but did not rule on their legitimacy. He continued, “The only issue for the court at this hearing is the appropriate sanction to be imposed on the defendant in respect of his admitted contempt of court.

“He deliberately flouted the order. His actions were planned in advance. He was not acting under pressure or compulsion and his actions were his own.”

Miles was also told that Newman pled guilty to causing a public nuisance in related criminal proceedings previously and had spent more than 30 days in custody prior to his sentencing in July. Handing down the suspended sentence, the judge noted Newman had apologised and “tasted imprisonment”.

Nevin Truesdale, the Jockey Club's chief executive, said after the sentencing, “Ben Newman's decision to breach security and run on to the track while the Derby was under way was a reckless stunt which could have compromised the safety and security of humans and horses.

“We were always very clear that if anyone chose to breach the injunction then we would not hesitate to take further action.

“It has always been our intention for that action to be both clear and proportionate and we accept the sanction imposed on Mr. Newman by the court today.

“More widely, it is our sincere hope that by pursuing this matter in the High Court it sends a very clear message to anyone who might in future consider disrupting races in such a way, that we will never tolerate illegal and reckless behaviour of this kind.”

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On July 14, Bagley Amon granted Baffert a preliminary injunction against NYRA that will allow him to race at New York's three major tracks, after they suspended him in May, pending the resolution of the case.

“Defendant NYRA is directed to respond by 9/29/21,” Bagley Amon wrote in a hand-written note on top of attorney Craig Robertson's letter advising his intent to file a motion to hold NYRA in contempt, filed Sept. 21, 2021. Bagley Amon ordered Robertson to file his motion by Sept. 22, and that motion was filed yesterday.

“Agreement on the motion will be held on 10/5/21 at 11:00 a.m.,” she wrote.

Wednesday, Baffert and Robertson filed a motion asking Bagley Amon to hold NYRA in civil contempt for trying to schedule a hearing under its newly created exclusionary procedures that could once again bar him from participating at NYRA's tracks.

The basis for the contempt allegation is NYRA's “failure to comply with the terms of the Court's July 14, 2021, Memorandum & Order enjoining it from enforcing its unlawful suspension of Baffert from New York racetracks.”

According to a Sept. 22 filing by Baffert's legal team, “NYRA seems to believe now that it can simply offer a sham hearing and get around the Court's ruling by creating rules after the fact.”

Baffert is seeking the court to issue an order “staying NYRA's renewed attempt to suspend him.”

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