by Shane McNally

After what threatened to become one of the biggest controversies in Melbourne Cup (Aus-G1) history, England-based trainer Luca Cumani has been cleared of any wrongdoing after 2008 Emirates Melbourne Cup runner-up Bauer was found to have received illegal treatment days before the great race.

Racing Victoria Ltd. opened an inquiry into the Melbourne Cup after it was revealed Bauer was treated with illegal shock wave therapy four days before the race on November 4. According to Australian Rule of Racing 65H, any horse that has received such treatment is ineligible to race for seven days and, in normal circumstances, would be disqualified.

Stewards determined, however, that as Cumani was acting under the advice and guidance of a veterinary surgeon provided by Racing Victoria, he had no case to answer. Racing Victoria issued a statement on Thursday afternoon (Australian time) to say no further action would be taken against Cumani or Bauer’s connections and the horse would retain his second-place finish after he was beaten in a photo finish by outsider Viewed.

“We have taken legal advice from a senior Queen’s Counsel who is an expert in this field of the law,” Racing Victoria said in a written statement. “In essence, that advice is that in circumstances where the otherwise ineligibility of Bauer was caused as a result of actions taken by a veterinary surgeon specifically assigned by RVL to be responsible for the veterinary care of the visiting horse [and who Mr. Cumani for that very reason was entitled to assume was fully familiar with the Australian Rules of Racing], AR64H can have no application. In these circumstances it is not open to RVL stewards to apply the rule.”

The statement concluded that no traces of an analgesic effect from the treatment on October 30 would have been present on Melbourne Cup day.

Shane McNally is an Australia-based Thoroughbred Times correspondent