Aftershock
December 4th 2008 08:22
I would not normally advocate that ignorance of the law be sufficient grounds for excuse. If travelling to Saudi Arabia I would make sure I was well aware of all rules, laws, and attitudes or dress that were liable to cause offence. And that is just if travelling as a tourist. Similarly road rules in different countries and speed limits - and permissible blood alcohol levels. It would be prudent to seek local knowledge to avoid a fine - or even a gaol term.
It is very wise (necessary) to have knowledge of the local rules of racing when moving from country to country on the international circuit. Most difficult for US horses who have (up until recently) used medications and treatments illegal in other racing jurisdictions. Every step and trip usually requires a modification to a training regime.
Aidan O’Brien got it completely wrong when he anticipated Australian racing conditions - or completely misjudged the quality of horse or the camber and climb of Flemington. But both he and Godolphin bring their own vets to Australia. And as such they would need to scan each and every rule and regulation regarding what is allowed as treatment - and the timeframes.
Luca Cumani accepted the invitation by Racing Victoria for a local, accredited and sanctioned, vet. It was only when going item by item through the accounts that the shockwave treatment was identified as an expense. And problem.
Yesterday I wrote an article concluding that Cumani should not be held responsible for treatment made under the auspices of a local vet - accredited by Racing Victoria. It would be expected that vets so employed and recommended would know the local racing requirements.
I was relieved when the inquiry into treatment received by Bauer concurred with my own perceptions and opinions. If I were in the same situation I too would have trusted the professional - accredited by the body in charge of racing.
Another factor in the decision might be that there was no possibility that Bauer had any advantage six days after shockwave treatment. The analgesic benefit decreases rapidly even two days after treatment (remembering though that in England treatment is permissible even up to the day before a race). Many Australian trainers - such as David Hayes - use shockwave therapy often. And in the opinion of many, the 7 day ban is too conservative and unnecessary.
On advice from a senior Queen’s Counsel Racing Victoria was advised that the stewards could not pursue the matter further (or successfully) as the treatment was prescribed and administered by a veterinary surgeon appointed by RVL.
"We have taken legal advice from a senior Queen’s Counsel who is an expert in this field of the law. In essence (though expressed in many different ways) that advice is that in circumstances where the otherwise ineligibility of Bauer was caused as a result of actions taken by a veterinary surgeon specifically assigned by RVL to be responsible for the veterinary care of the visiting horse (and who Mr. Cumani for that very reason was entitled to assume was fully familiar with the Australian Rules of Racing) AR64H can have no application,"
"In these circumstances it is not open to RVL Stewards to apply the Rule." - Racing Victoria Press Release.
Local trainers when questioned about the possibility of pursuing legal action against the decision were adamant that Bauer received no advantage - and the correct decision had been reached.
Bauer clear on advice of Queen's Counsel
It is very wise (necessary) to have knowledge of the local rules of racing when moving from country to country on the international circuit. Most difficult for US horses who have (up until recently) used medications and treatments illegal in other racing jurisdictions. Every step and trip usually requires a modification to a training regime.
Aidan O’Brien got it completely wrong when he anticipated Australian racing conditions - or completely misjudged the quality of horse or the camber and climb of Flemington. But both he and Godolphin bring their own vets to Australia. And as such they would need to scan each and every rule and regulation regarding what is allowed as treatment - and the timeframes.
Luca Cumani accepted the invitation by Racing Victoria for a local, accredited and sanctioned, vet. It was only when going item by item through the accounts that the shockwave treatment was identified as an expense. And problem.
Yesterday I wrote an article concluding that Cumani should not be held responsible for treatment made under the auspices of a local vet - accredited by Racing Victoria. It would be expected that vets so employed and recommended would know the local racing requirements.
I was relieved when the inquiry into treatment received by Bauer concurred with my own perceptions and opinions. If I were in the same situation I too would have trusted the professional - accredited by the body in charge of racing.
Another factor in the decision might be that there was no possibility that Bauer had any advantage six days after shockwave treatment. The analgesic benefit decreases rapidly even two days after treatment (remembering though that in England treatment is permissible even up to the day before a race). Many Australian trainers - such as David Hayes - use shockwave therapy often. And in the opinion of many, the 7 day ban is too conservative and unnecessary.
On advice from a senior Queen’s Counsel Racing Victoria was advised that the stewards could not pursue the matter further (or successfully) as the treatment was prescribed and administered by a veterinary surgeon appointed by RVL.
"We have taken legal advice from a senior Queen’s Counsel who is an expert in this field of the law. In essence (though expressed in many different ways) that advice is that in circumstances where the otherwise ineligibility of Bauer was caused as a result of actions taken by a veterinary surgeon specifically assigned by RVL to be responsible for the veterinary care of the visiting horse (and who Mr. Cumani for that very reason was entitled to assume was fully familiar with the Australian Rules of Racing) AR64H can have no application,"
"In these circumstances it is not open to RVL Stewards to apply the Rule." - Racing Victoria Press Release.
Local trainers when questioned about the possibility of pursuing legal action against the decision were adamant that Bauer received no advantage - and the correct decision had been reached.
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Comment by Technique3
Comment by Technique3
Comment by Leonard Marlborough
Racing Write
This year's Melbourne Cup has thrown up a couple of anomalies.
The first being that Bauer actually ran 100th of a second faster than Viewed. Bauer was the fastest horse to cover the 3200m (microchip in the saddle). I thought he was certain to win 100 metres out - and even on the line I was not sure - but in the photo finish print you can see him 'tucked up' and not at full length. Viewed is around 17 hands - and Bauer 15.2 - so sometimes it seems that size does really matter after all.
When I wrote the first part of this story on the day prior the stewards' were not going to conclude the inquiry until Terry Henderson (part owner) returned from England. And they wouldn't declare openly the reason for the inquiry - apart from it not being drug related. The rumours and guesses were flying thick & fast and they were forced to bring forward the inquiry to the next day. Imagine leaving all this hanging for another week!
Yes - if Bauer had won I wonder if this would have changed opinions. But knowing that it was (would have been then) Bart Cummings & Dato Tan Chin Nam 2nd; Lloyd Williams 3rd & Danny O'Brien 4th - I doubt if any trainer/owner from this group would have pursued it further. I believe that their comments are sincere. They represent (much of) the cream of Australian racing. If a struggling owner & trainer were 2nd then a legal appeal may have been a possibility.
The Cumani's are extremely popular in Melbourne and well respected. Even though some racing journalists are taking a different line to me (and the QC & Racing Victoria) I think the outcome is the best possible.
And surely next time any veterinarian used and recommended by Racing Victoria will be well versed in the rules of racing! There is still an ongoing inquiry into the vet.