17 July 2011

Mike Rann, MP

Premier of South Australia

Parliament House

North Terrace

Adelaide SA 5000

Dear Sir,

Jumps racing in South Australia

We urge you to consider taking steps to bring about a ban on hurdle races and steeple races in South Australia in order to prevent any further fatalities or injury to horses.

You may be aware that there is widespread concern about the significantly higher rate of injuries and fatalities in jumps racing by comparison with those in conventional flats races.[1]

This concern was expressed as long ago as 1991 by the then Senate Select Committee on Animal Welfare in its report, Aspects of Animal Welfare in the Racing Industry, in these terms:

Based on evidence received during the inquiry, the Committee has serious concerns about the welfare of horses participating in jumps races. Those concerns are based on the significant probability of a horse suffering serious injury or even death as a result of participating in these events, and in particular, steeplechasing…Accordingly, the Committee is of the view that the relevant State Governments should phase out jump racing over the next three years.[2]

Grounds for these ‘serious concerns’ still exist today in South Australia (and, for that matter, Victoria as the other remaining state in which jumps racing is permitted), namely -

(a)in the last five years jumps races in South Australia and Victoria have seen the unnecessary deaths of over sixty horses. This is so despite Victoria’s temporary suspension , which was lifted in 2009. Thereafter the deaths of 15 horses eventuated in the first five weeks of the 2011 jumps racing seasons in South Australia and Victoria: Casa Boy, Hammerblow, Squire Rex, Java Star, Shine The Armour and Ledgers Dream ;

(b)in January 2010, the Board of Racing Victoria Limited introduced three conditions to be met for the continuation of jumps races beyond 2010.[3] One condition stipulated a reduction in the horse fatality rate to 0.65% of starters.[4] Whilst appearing to be a small percentage, this fatality rate is in fact almost 15 times higher than that for flats racing;[5]

(c)fatigue from hurdle jumping and the length of the track combine to contribute to a high incidence of deaths and injuries to horses. This is not difficult to appreciate where track lengths in Australian racecourses can exceed five kilometres and contain in excess of thirty hurdles. In 2010, five horses died in Victoria as a result of jumps races, and three horses died in South Australia.[6] In 2009, ten horses similarly died in Victoria ,[7] and three horses died in South Australia.[8] In 2008, a total of 27 horses died during the jumps racing seasons of Victoria and South Australia combined;[9]

(d)at the Oakbank Easter Carnival in Victoria last year, Marc Of Thunder and Satu San died on the track after falling in a jumps race.[10] The Stewards Report on their deaths[11] noted that, after jumping a hurdle at the 1600 metre mark, Marc of Thunder ‘faltered’.[12] Subsequently, Satu San ‘contacted the hind quarters of Marc of Thunder heavily resulting in both horses sustaining immediate fatal injuries.’[13] This ‘faltering’ and heavy contact are illustrative of the problems and risks which confront jumps racing;

(e)on 5 May 2010 in Warrnambool, Victoria, Sirrocean Storm hit a jump and broke his hind leg. He was ‘humanely euthanized’ on the track.[14] Video footage shows an attendant trying to force the horse to walk off the track. The horse is able to get up onto three legs but collapses many times. The attendant persists in endeavours to have the horse stand. The footage is available on Youtube, (and apparently has been viewed over 7,100 times)[15]; and

(f)on 14 May this year, at Morphettville Racecourse, Ledgers Dream fell during the running of the Dominant Hurdle (3100m),[16] only to be followed later that month by the death of Fasilenko at the Mt Gambier race.[17]

The Barristers Animal Welfare Panel comprises some 120 barristers (including some 25 silks from the criminal and commercial bars). As a national body comprising members from all the state Bars, it addresses a national agenda. It also has an adjunct panel of law firms which includes large national ‘first tier’ firms.

If we can be of further assistance, please let me know.

I would be glad to receive your comments.

Yours sincerely,

Graeme McEwen

Chair, Barristers Animal Welfare Panel

Email:

[1] See, for example, L. A. Boden et al “Risk of fatality and causes of death of Thoroughbred horses associated with racing in Victoria, Australia: 1989-2004” (2006) 38 Equine Veterinary Journal 312; J. M. Bourke, “Fatalities on racecourses in Victoria. A seven year study” in Proceedings of the 10th International Conference of Racing Analysts and Veterinarians, Stockholm, 1994, 265; C. J. Bailey et al, “Flat, hurdle and steeple racing: risk factors for musculoskeletal injury” (1998) 30(6) Equine Veterinary Journal 498.

[2] Senate Select Committee on Animal Welfare, Aspects of Animal Welfare in the Racing Industry (1991), 24.

[3] Racing Victoria, RVL Board decision on Jumps Racing (2010) Racing Victoria < at 13 May 2011.

[4] Ibid.

[5] L. A. Boden et al “Risk of fatality and causes of death of Thoroughbred horses associated with racing in Victoria, Australia: 1989-2004” (2006) 38 Equine Veterinary Journal 312.

[6] See Thoroughbred Racing SA, Stewards Report, There’s Nothing like a Day at the Races at 2 June 2011; See Racing Victoria, Steward’s Report (2010) Racing Victoria < at 2 June 2011; See Racing Victoria, Steward’s Report (2010) Racing Victoria < at 2 June 2011; Thoroughbred Racing SA, Stewards Report, There’s Nothing like a Day at the Races at 2 June 2011.

[7] RSPCA Victoria, Animals Australia,

[8] Animals Australia,

[9] M. Parnell, Motion to Ban Jumps Racing in SA, (2 December 2009), Legislative Council.

[10] M. Ryan. & S. White, “Great Eastern victor proves he’s sure no dud” (6 April 2010) The Herald Sun,

[11] Thoroughbred Racing S.A. Limited, Stipendiary Stewards’ Report, Report on Race Meeting held at Oakbank Racecourse by the Oakbank Racing Club on Monday, 5 April 2010 .

[12] Ibid., p. 2.

[13] Ibid.

[14] Racing Victoria Limited, Horse Information on Sirrocean Storm,

[15]

[16] C. Cook, Adelaide Now at 15 May 2011.

[17]7 News Ltd. At 31 May 2011