Melbourne Cup 2019: Gun imports Marmelo and Ispolini pulled out of race as trainer mauls Racing Victoria over decision
Furious owners of Marmelo are preparing to take Racing Victoria to court, after their beloved horse was denied a start in this year’s Melbourne Cup.
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The owners of 2018 Melbourne Cup runner-up Marmelo will pursue legal action against Racing Victoria, claiming they have been wrongly denied a start this year.
Victorian businessman Ozzie Kheir said yesterday that he and fellow owners Johnny O’Neill, Victor Kheir and Phil Mehrten believed RV had not “properly followed process” when scratching the horse from Tuesday’s $8 million race.
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“We’ve had legal advice that there are no avenues of appeal to have Marmelo reinstated in the Melbourne Cup,” Kheir said.
“But we will be seeking advice on pursuing Racing Victoria for damages.
“We believe the process has not been properly followed.”
Marmelo and Godolphin’s Ispolini were both scratched on veterinary advice after RV claimed CT scans showed they had significant injury concerns.
It is uncertain on what grounds Marmelo’s owners would pursue damages against RV, but the combined expense of flying the horse to Australia with a groom, training and feeding would exceed $100,000.
A $13 chance before his elimination, Marmelo earned $1 million for running second to Cross Counter in last year’s Cup.
Punters with Tabcorp had invested $30,000 on him. His opening odds were $21 which was his longest price.
Kheir said he would approach Racing Minister Martin Pakula and the Victorian Ombudsman to seek “a full investigation over the processes that have occurred here”.
“We want an investigation into the actions of Jamie Stier (RV head of integrity), Robert Cram (chairman of stewards) and Grace Forbes (RV vet),” Kheir said.
“I do not want any other trainer or owner to go through what we have.
“RV is using a new CT scan with no data, no research and a horse that has nothing wrong with it is out of the Melbourne Cup.
“We have advice from a world-renowned guru, an expert in the field (Dr Ian Wright) who says the horse if fit to take his place in the field.”
In a scathing attack, Morrison said connections had been “hoodwinked” and a Group 1 opportunity had been “stolen from Marmelo.”
“We’ve been hoodwinked here,” he said. “We’ve been brought here under false pretences.
“We think the interpretation from (University of Melbourne’s) Dr Whitton or maybe Grace Forbes, who I didn’t know was a CT expert, is incorrect.
“It cost us all a huge amount of money and effort.
“It’s just sad really.”
Morrison said RV was a “law unto themselves, not only are they the policemen, they are the judge the jury, the prosecutor and dare I say it the hangman all in one room”.
Referring to the short time RV had access to new $1.3 million scanning technology, Morrison said: “A CT scanner in the wrong hands is a very dangerous weapon.
“Marmelo is a magnificent horse, we love him and we would do nothing to harm him.”
Marmelo was referred to the University of Melbourne Equine Clinic by RV to undergo a scan after showing signs of soreness.
RV said the results of the scan indicated “an incomplete fracture of the near fore cannon bone and an incomplete fracture in its off hind cannon bone”.
“They’re justifying this machine and the vast expense by attacking us,” Morrison said.
Stewards decided to order Ispolini’s withdrawal after results of a standing CT scan indicated “pre-fracture pathology” in the stayer’s right front cannon bone.
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Stewards said the decision to withdraw both horses was made to “ensure the safety and wellbeing” of all horses and riders in the race.
The orders came as Saeed bin Suroor’s veteran Red Galileo faces an uncertain future with a leg fracture sustained in trackwork on Wednesday.
Two other internationals – Red Verdon and Gold Mount – were last week ruled out through injury.