Doh! :P
Sorry about that. I got the Expert rules confused with the Advanced ones where it says this...
"The intent of allowing multiple captures is to enable such techniques as high dynamic range (HDR), noise reduction, increased DOF, etc., but not to permit a subject from one scene to be inserted into a different scene, nor is it intended to allow a subject to appear in multiple places within a scene."
I actually really liked your image, and should ave just followed this point in the site FAQ...
"Please vote on the photo as if the entry is legal, and let the administrators do the rest. "