Racing NSW has decided not to appeal the judgments of the Racing Appeals Tribunal in the appeals of licensed trainer Mrs Gai Waterhouse in respect of the condition of More Joyous leading up to the 2013 All Aged Stakes and the 2013 Queen of the Turf Stakes.
Racing NSW Chief Executive Mr V’landys said:
“Racing NSW remains disappointed in the decisions of the Racing Appeals Tribunal as it believes that punters should be given as much information as possible. However, having taken advice from Senior Counsel, Racing NSW has decided not to appeal. Racing NSW has arrived at this decision taking into consideration the following matters which will ensure punters receive appropriate information”:
• AR140(a) has been amended since the 2013 All Aged Stakes and the 2013 Queen of the Turf Stakes to clarify some ambiguity that existed in its previous form. In particular, it is now clear that the obligation upon trainers to report exists both in respect of occurrences, conditions and treatments that were present prior to acceptance time and after acceptance time. The amended AR140(a) is attached.
• The findings on the legal issues in the More Joyous case upheld the submissions of Racing NSW; particularly that trainers are under an ongoing obligation to report. Accordingly, Racing NSW is confident that the interpretation of the new AR140(a) in the future will ensure that trainers are obligated to report and punters are properly informed of any occurrences, conditions and treatments that may impact upon the performance of a horse.
• There is little point in Racing NSW and Mrs Waterhouse incurring further time and expense in a lengthy appeal of these matters when Racing NSW’s concerns about protecting the interests of punters have been addressed by the amendment to AR140(a) and the findings on the legal issues in the More Joyous case.
• The publicity surrounding this matter has in itself improved the knowledge of trainers in relation to their obligation to report under AR140(a) and will help ensure that Racing NSW provides as much information as possible to punters.
