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Melbourne Cup-winning partnership Anthony and Sam Freedman are embroiled in a legal fight to avoid disqualification for what they claim was a medical oversight, the Victorian Racing Tribunal heard on Tuesday.
The father-and-son duo is facing a severe financial hit if their multimillion-dollar racing operation is closed down on charges of treating horses with medication on a race day.
At stake is a business that employs 60 staff across two states. They pay $4 million in annual wages, and more than $40,000 a month in property leases for facilities at Cranbourne, Pinecliff and Randwick.
They have also bought $3 million worth of yearlings across the past two months.
The Victorian Racing Tribunal heard on Tuesday the pair has pleaded guilty to two charges of treating a horse with medication on a race day, as well as failing to keep treatment records.
But the Freedmans, who won the 2023 Caulfield-Melbourne Cup double with Without A Fight, maintain the conduct was not intentional.
Stewards charged the Freedmans after visiting their Cranbourne stables on August 16 last year.
The stewards discovered two of their horses, Moonhaven and Kira, had been hooked up to a nebuliser. The horses were scratched from racing at Caulfield later that afternoon.
A nebuliser is a breathing apparatus designed to deliver medication to a horse’s airways. Their use is legal, but under the rules of racing no medication is allowed to be administered to a runner on a race day.
The Freedmans released a statement at the time, saying: “An oversight occurred within the stable for which we take full responsibility. We take pride in our integrity and the strength of our systems, but any system in the world can fall victim to human error.”
Stewards sought evidence from Sam Freedman, veterinarian Dr Tom Brennan and stable employees Alex Maher and Debra Cooke at Caulfield Racecourse on August 16 last year. They laid the charges on December 22.
Legal counsel Matthew Stirling appeared on behalf of the Freedmans on Tuesday and objected to a submission from Racing Victoria, lodged on Monday, that a period of disqualification was mandatory.
Stirling accused Racing Victoria of introducing a new legal point “without warning to anybody” on the day before the hearing.
He said RV had changed its case by saying the tribunal had to impose a ban.
“They are asking the tribunal to ignore, to contradict and to overturn the long years of history of decision-making and to follow a different path,” Stirling said.
He said the case had already caused “irreparable prejudice” to the Freedmans.
“Anthony Freedman has laid himself bare over the last two months, nearly two months since the ninth of February, purchasing yearlings,” Stirling said.
“If there’s a case hanging over their head, and they’re subject to a mandatory six-month disqualification, why would you give a horse to them?
“The natural position of an owner would be to avoid the risk, avoid the dislocation, and give the horse to a trainer who has no such jeopardy hanging over his stables.”
Sterling said the tribunal should deal with the case on the basis that the directions hearing took place two months ago.
Stirling said the trainers had not engaged in intentional conduct, nor was there the use of a prohibited substance.
“Were they acting on veterinary advice with the nebuliser treatment? Generally speaking, ‘yes’, but of course, that’s not to say Mr Tom Brennan authorised it on race morning,” Stirling said.
“Was it inadvertence and stable error or a combination of unfortunate facts which were coincident in resulting in the administrations? Yes.
“So we would say this is a perfect case, absolutely consistent with all of the Victorian authorities, for the Freedmans to have a fine imposed on them.”
The case has been adjourned until June to hear legal arguments over Racing Victoria’s submission on mandatory disqualification.
Racing Victoria gives fuel relief to trainers, jockeys
Racing Victoria has introduced a fuel relief package for trainers and jockeys to help them cope with rising costs as they attend race meetings across the state.
The sport’s governing body announced its relief package on Tuesday afternoon and it will come into effect on Wednesday.
As part of the new measures, trainers will receive a $100 subsidy for each starter in a Victorian race. They will be expected to use the funding to help employees and stable staff.
In addition, jockeys will be paid $50 for each race meeting they attend. This will sit on top of RV’s “minimum riding allowance of $100 per meeting for three rides or less”.
Racing Victoria has also increased its subsidy for retainers, re-homers and retirement farms by 10 per cent to $165 for each horse.
The measures will be reviewed at the end of the month.
RV chief executive Aaron Morrison said racetracks and training businesses were spread across the state, meaning the industry was heavily reliant on fuel.
“The temporary measures we have announced today are designed to work alongside the federal government’s reduction of the fuel excise and removal of the heavy vehicle road user charge to provide some relief to those in our industry, particularly around horse transport,” Morrison said.
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