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SKY Racing Update - 16/03/172:57
Sky Horse Racing update for Thursday the 16th of March.
- March 16th 2017
- a day ago
- /video/video.news.com.au/Sport/Horse Racing/
Trainers Danny O'Brien and Mark Kavanagh speak to the media after receiving their penalties from Racing Victoria ... Three years suspension for Kavanagh, four for O'Brien. They plan to take the matter to VCAT. Picture: Mike Keating.
VICTORIAN trainer Danny O’Brien says he and Mark Kavanagh were bullied by Racing Victoria over cobalt charges, which have been dismissed on appeal.
Kavanagh and O’Brien received respective three and four-year disqualifications after five horses returned positive results for cobalt in 2014.
Justice Greg Garde dismissed the cobalt charges against the trainers at the Victorian Civil and Administrative Tribunal on Friday.
The decision was met with gasps of relief from both camps.
STEWART COMMENT: LITIGATION TSUNAMI HEADING RV’S WAY
“Obviously this has been a long process,” O’Brien said.
“It’s over 26 months since this test result came back. When they came back both Mark and I were adamant that we’d done nothing wrong.
“(So) to stand here today, 26 months later, and have Justice Garde affirm that — he’s been very clear that neither Mark or I had any intention of cheating or trying to break any rules of racing — that we’re completely innocent of all charges.
“And he’s also thrown a light on the behaviour of Racing Victoria, the breaches of the rules that they in fact have engineered throughout this process.
“And that’s probably been the most disappointing thing — the bullying and vilification of both Mark and I and our families by some people has been quite incredible.
“Midway through this Racing Victoria brought on a show-cause hearing to try to take our (training) licences away before any charges had been heard.
“We were then subjected to a show trial at the RAD Board, where we were not even allowed to cross-examine the witness.
“It’s time that (Racing Minister) Martin Pakula took a hard look at what is going on in the racing industry in this state.
“It is time for Mr Pakula to stop talking and start getting involved in getting racing back on track in this state to the postion of pre-eminence it once enjoyed.”
O’Brien said both Kavanagh and him would take time before considering their legal options.
“We’re going to read the judgment, this is going to take a while,” O’Brien said.
“Obviously the summary from (Justice) Garde was very strong that we were completely innocent and that Racing Victoria have got issues.
“Once we understand the ins and outs of it, we’ll reserve all our rights.”
Delighted pair Danny O'Brien (left) and Mark Kavanagh outside VCAT. Picture: Getty ImagesSource:Supplied
The judge said there was a problem with the evidence that Racing Victoria had relied upon.
“The tribunal finds that over the period of April 2014 until August 2015, the procedure for testing for cobalt substantially departed from the requirements,” Justice Garde said.
“The test results are inadmissible as evidence against the trainers.”
Despite the disqualifications, O’Brien and Kavanagh have continued to train horses under a stay of proceedings.
Racing Victoria acting chief executive Giles Thompson said they are disappointed with the judgment.
“We will review the decision,” he said in a statement.
“What won’t change is our commitment to protecting the integrity of the sport and ensuring all people engaged in Victorian racing and all horses can compete on a level playing field.”
Danny O'Brien and wife Nina before this morning’s appeal outcome. Picture: Getty ImagesSource:Supplied
“Throughout this issue, our fundamental concern has been to take appropriate steps to protect the integrity of Victorian thoroughbred racing and to protect the welfare of horses. Where the rules of racing are breached, it is our job to take the appropriate action to enforce the rules,” Thompson said.
“It is important to remember that we took action because the horses involved returned cobalt readings that were excessively above the legal threshold that was set to protect both the integrity of the sport and the welfare of the horses.”
Garde said he was comfortable lead that neither trainer was aware illegal levels of cobalt were being given to their horses.
Garde said he was not satisfied that either trainer was informed by veterinarian Dr Tom Brennan or suspected that he intended to administer an unproven and untested substance to their horses.
Massive uppercut to RVL from VCAT! Danny O'Brien did say that once it got into a real courtroom they would be vindicated! Prophetic words!
— The Punting Baron (@ThePuntingBaron) March 16, 2017
Entire racing industry tarnished, top trainers dragged through mud, reputation & business destroyed. All for what? 👏👏 racing. #cobalt
— Brad Thompson (@BradThompson83) March 16, 2017
Nor was the tribunal satisfied Kavanagh or O’Brien failed to make sufficient inquiries of Dr Brennan as to the substances that were being administered to their respective horses, or were negligent in relying on veterinarians to administer pre-race drips to their horses.
He also found that the procedure for testing for cobalt in equine urine adopted by RV substantially departed from the requirements set out in the rules and was therefore inadmissible.
“There was a 115-page judgment (that) they didn’t handle the swabs properly,” Kavanagh said on RSN927 this morning.
“This should never have happened. They should have followed proper procedures.”
“Unfortunately we’ve been called liars and cheats.”
Trainers Danny O'Brien and Mark Kavanagh (right) address the media after their successful appeal against their cobalt disqualifications. Picture: AAPSource:AAP
“Where do RV sit now? The chief steward has called everyone a liar.”
“Several times the chief steward said there was only one rule book. I wish he read it.”
“This has ruined our businesses.”
O’Brien was disqualified for four years and Kavanagh three by the Racing Appeals and Disciplinary Board in January last year; penalties they appealed to VCAT which rounded off a 25-day hearing in early November last year.
O’Brien had four horses return illegal cobalt readings after the 2014 spring carnival and Kavanagh had one.
They were advised of the positive tests on January 14, 2015 — the start of a 26-month saga which has cost the trainers and Racing Victoria millions of dollars in legal fees.
Danny O'Brien and Mark Kavanagh O’Brien have said they will take time before considering their legal options.Source:AAP
Originally published as Trainers blast RV after cobalt appeal win
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