Cobalt saga nears end for O’Brien, Kavanagh
THE long-running cobalt case involving Mark Kavanagh and Danny O’Brien could finally close when it returns to VCAT at the end of January.
Cleared of either administering cobalt, Kavanagh and O’Brien will face VCAT on the issue of presenting horses to race with the drug in their sys- tem. Racing Victoria has been ordered to pay a third of Kavanagh and O’Brien’s legal costs after the pair was cleared in the Supreme court of administering cobalt.
O’Brien has a satellite training base at Barwon Heads.
Kavanagh claimed this week he had been “completely vindicated at both VCAT and the Supreme Court with not one but four judges ruling my innocence in administering or having any knowledge of administration of cobalt to Magicool back in 2014.”
Vowing he would be active at the 2018 yearling sales, the Melbourne Cup-winning trainer plans to rebuild his stable.
In a letter to owners, Kavanagh wrote: “This week I was awarded costs in the Court of Appeal. This means that Racing Victoria Limited (RVL) not only has to pay their own costs but they have to pay percentage of mine as well,” he said.
“This is another victory in an exhaustive process that has now consumed three years of my life.
“I have now been completely vindicated at both VCAT and the Supreme Court with not one but four judges ruling my innocence in administering or having any knowledge of the administration of cobalt to Magicool back in 2014.
“It has made me realise that I am still highly enthusiastic and motivated to rebuild the stable.
“It’s not in my nature to give up as you have seen throughout this case and I will endeavour to rebuild my business to where it was before this.
“They have tarnished my name but they cannot take away my achievements or ability to train racehorses.”
The Court of Appeal published the reasons for its decisions, explaining its stance on costs.
“An order for costs is neither a punishment for loss nor a reward for victory. Its function is compensatory,” it said.