Special clause expected to save Gai Waterhouse from six-month suspension after race-day treatment

MELBOURNE CUP-winning trainer Gai Waterhouse is likely to receive a "special clause" dispensation to escape a potential six-month ban.

MELBOURNE CUP-winning trainer Gai Waterhouse is likely to receive a "special clause" dispensation to escape a potential six-month ban.

Waterhouse, who celebrated her first Cup win with Fiorente on Tuesday, treated her other runner, import Tres Blue, on race morning.
That is against the Rules of Racing and the minimum penalty is a six-month disqualification.

However, Racing Victoria chief steward Terry Bailey said a special condition of the new rule concerned "in the interests of justice" and Waterhouse definitely came into that category, along with French trainer Mikel Delzangles, who treated Dunaden.

"The punishment must fit the crime," Bailey said yesterday.

He said the appropriate clause read: "In the interests of justice, the circumstances may be deemed or considered to be special."

He said it was possible stewards would put those circumstances to Racing and Appeals Disciplinary Board chairman Judge Russell Lewis.

"If it is a case of putting ointment on a greasy heel, we would not put it in the category that it deserves six months,'' Bailey said.

"The special clause is there for situations like this."

Waterhouse will front stewards tomorrow.

Gai Waterhouse talks to the media with her new-found friend, the Melbourne Cup. Picture: Tony Gough

She has admitted one of her stable staff, who was looking after Tres Blue, had "made a very honest mistake" by treating the horse at 5.50am on Cup Day with Flamazine, an antibiotic cream, for "greasy heel".

Bailey said the treatment was at the "minor end of the scale when it comes to race-day treatment."

He added that a clause in the new race-day treatment rules said if permission was sought to use something on race day, stewards may give permission.

"In this case, the mistake both Gai Waterhouse and the trainer of Dunaden made was not asking us for permission,'' Bailey said.

"I asked our vet what his advice would have been if they had sought permission to use the cream, and he said he would have had no issue with it.

"In other words, if they had asked permission to use the cream, we would have given it on the day."

Bailey said the case against Delzangles would be heard as soon as possible as he is leaving on Saturday.