Judge lets Robbie loose at Melbourne Cup By Sarah Crichton November 1 2002
Delighted ... Robbie Waterhouse leaves yesterday's hearing with his sister Louise. Photo: Andrew Meares
Robbie Waterhouse is not only Melbourne Cup carnival-bound, he could be back as a bookmaker in May.
Justice Peter Young yesterday granted an immediate stay against his disqualification from racetracks worldwide. Waterhouse will not be able to act as a bookmaker for now, but can return to racetracks and the stables of his trainer wife, Gai, until the outcome of a Supreme Court appeal to overturn his ban, expected in a fortnight.
But the judge hinted he was inclined to overturn the disqualification for the "extravagant odds" affair, saying he had been impressed by arguments from Waterhouse's lawyer that the Racing Appeals Tribunal should have warned him it was considering a harsher penalty before imposing the ban in September.
"I may well give some relief, but only relief that would reinstate the suspension," he said, referring to an earlier decision by the Thoroughbred Racing Tribunal Appeals Panel to impose a nine-month suspension from August.
The difference is crucial to Waterhouse's future career. Disqualification meant he had to re-apply for his bookie licence at the end of the nine-month ban, whereas suspension sees it automatically reinstated.
Not only was Waterhouse banned from practising as a bookmaker, but while disqualified he could not attend any licensed racing premises, even his wife's Tulloch Lodge stables.
Waterhouse was disqualified after he recorded 13 bets at Canterbury on behalf of Peter McCoy, a friend, family employee and punter who worked the Waterhouse betting shops in Fiji. The bets were for $10,000 to $20, or odds of 500-1, all for horses starting at less than 3-1.
Like Waterhouse, McCoy had earlier been warned off racetracks worldwide for his involvement in the Fine Cotton affair in 1984.
Paul Brereton, SC, for Waterhouse, sought the stay at the end of yesterday's appeal hearing, but Stephen Rushton, SC, for the NSW Thoroughbred Racing Board, said it would undermine racing authorities.
Justice Young said that although it was "a borderline case", it was appropriate to grant the stay until his ruling on the appeal, but the suspension would remain.
Plainly delighted by the judge's comments, Waterhouse said he was pleased to be able to lend support to his wife. "It's outstanding," he said afterwards.
But the day ended on a sour note for the Waterhouses when Gai's Victoria Derby and Melbourne Cup hope, Platinum Scissors, was scratched from the carnival.
