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Bauer retains second place in Melbourne Cup

(Agencies)
Updated: 2008-12-04 14:51

SYDNEY - English stayer Bauer has been retained as the runner-up from last month's Melbourne Cup despite an investigation finding that connections had broken the rules of Australian racing.

Jockey Blake Shinn riding Viewed (top) to victory ahead of Corey Brown on Bauer in the Melbourne Cup at the Flemington Racecourse in Melbourne in this handout photofinish view November 4, 2008. [Agencies]

The Luca Cumani-trained gelding was in danger of being disqualified when stewards launched an inquiry after discovering the horse had received electro-shockwave treatment in the week leading up the race, which is banned under strict local racing laws.

However, stewards decided not to strip the horse of its place and prize money because Cumani was unaware of the seven-day rule and had only agreed to the therapy after a local vet, appointed by the club that runs the race, had recommended the treatment.

"We've taken legal advice from a Senior Queen's Counsel, who is an expert in this field," chairman of stewards Terry Bailey told a news conference.

"We believe this is the right decision. Clearly we have a situation where the vet was assigned to look after the quarantine by Racing Victoria.

"Mr Cumani was entitled to assume that he was aware of the rules."

Bauer raced twice in Australia during the rich spring carnival, winning the Geelong Cup and finishing second, beaten by a nose by the locally trained Viewed, in the Melbourne Cup.