Racing manager Manny Gelagotis has lost an appeal over comments he made criticising a vet's decision to let Mourinho run after he had been kicked before a race.
The Racing Appeals and Disciplinary Board on Friday dismissed Gelagotis' appeal and upheld a $2000 fine, partly suspended, for using improper or insulting language towards a racing official.
RAD Board chairman, Judge John Bowman, said the offence was based on the lack of respect shown to the official and not whether Racing Victoria head vet Dr Brian Stewart was right or wrong in allowing Mourinho to run.
"To describe an official as incompetent, his professional conduct as disgraceful and to call him a vet who does not know what he was doing seems to us to be engaging in insulting or improper behaviour," he said.
Gelagotis, the racing manager for his brother Peter, criticised Stewart on Twitter and in a radio interview for letting Mourinho run after he was kicked behind the barriers before the C F Orr Stakes at Caulfield on February 13.
His legal counsel Damian Sheales said it was justifiable comment as the horse was hit by a double-barrelled kick which dislodged his rider.
"It should not have run. It was the wrong decision," Sheales said.
"It's impossible to tell the truth and for that to be insulting."
Judge Bowman said the basis of the charge was respect for officials, to which Mr Sheales replied: "Even if they're hopeless? People shouldn't be entitled to their opinion? Is that the racing industry? No wonder it's falling apart."
Stewards' counsel James Ogilvy said Stewart examined Mourinho and spoke to the jockey before declaring the horse fit to race.
"This type of inspection happens every day in racing, whether it is a maiden in Moe or a Group One in Caulfield," Mr Ogilvy said.
"This case is not about the correctness or otherwise of that decision."
Mr Sheales said Gelagotis had tried to go through official channels but got nowhere and Mourinho's owners were upset after the gelding ran his worst race in years.
A tendon strain has now ruled Mourinho out of Saturday's Australian Cup.
Managing owner Tony Ferraro used social media to say Mourinho had run his last race and would be retired.
Gelagotis said the Moe stable's star would undertake a normal rehabilitation as if he was staying in work.