Gai wins appeal in More Joyous case

Friday 14 February 2014, 3:51pm

Gai Waterhouse has won her appeals in the long-running More Joyous affair but the saga is not over with Racing NSW to launch Supreme Court action against the decision.

Judge David Armati of the Racing Appeals Tribunal (RAT) handed down his judgment on Friday saying Racing NSW had not established to the required legal standard that Waterhouse was required to report the condition of More Joyous and treatment give to her in the lead-up to two races last autumn.

Waterhouse did not tell stewards More Joyous had a sore neck in the days before the All Aged Stakes on April 27 in which she finished second last.

Her performance prompted a public tirade from her owner John Singleton who sacked Waterhouse as his trainer in a television interview and accused her bookmaker son Tom of telling people More Joyous could not win.

In the course of an ensuing stewards inquiry, Waterhouse revealed the mare had been mildly lame with a foot abscess a week before her unlucky fifth in the Queen Of The Turf Stakes on April 6.

Under the Rules of Racing, trainers are required to report any condition a horse may have in the lead-up to a race which could affect its performance.

Tom Waterhouse was cleared of any wrongdoing and Singleton was fined $15,000 for his conduct while the trainer was fined a total of $7000 after being found guilty on both counts.

She lost an appeal before the Racing NSW Appeal Panel prompting her to take it to the higher body.

Racing NSW chief executive Peter V'landys said the racing authority would appeal on the grounds the rule AR140(a) was critical to integrity.

"Racing New South Wales is naturally disappointed in the decisions of the Racing Appeals Tribunal which provide no protection for the punters," V'landys said.

"The confidence of the public, and particularly punters, is critical to the integrity of the industry.

"The requirement to report a condition under AR140(a) is fundamental to the proper regulation of racing on a day-to-day basis. The public is entitled to be aware of all matters that may affect the performance of a horse.

"Racing NSW intends to appeal the decisions to the Supreme Court on the basis that they are against the weight of evidence and that the Racing Appeals Tribunal has incorrectly applied the relevant test."

The All Aged Stakes turned out to be the last racetrack appearance by More Joyous who was sent to England to be mated with Frankel.

Waterhouse moved on from her association with Singleton to claim her first Melbourne Cup in November with Fiorente.

– AAP

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