Bullying claim after cobalt case dumped
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 yesterday.
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,” he said.
During their appeal, which began in October 2016, their lawyers said the Perth- based ChemCentre and Hong Kong Jockey Club laboratories were not accredited to test for cobalt at the time five horses from their stables returned positive results.
Despite the disqualifications, they have continued to train horses under a stay of proceedings.
Outside court, O’Brien said he knew he had done nothing wrong since the first positive cobalt result came back in 2014.
“When they came back, both Mark and I were adamant that we’d done nothing wrong,” he told reporters.
He said Justice Garde’s judgment confirmed their innocence.
“He’s been very clear that neither Mark nor I had any intention of cheating or trying to break any rules of racing, that we’re completely innocent of all charges,” the trainer said.
O’Brien has criticised Racing Victoria’s handling of their case, and says the state government needs to step in.
“The bullying and vilification of both Mark and I, and our families . . . has been quite incredible,” the trainer said.
“It’s time that Martin Pakula ( racing minister) took a hard look at what is going on in the racing industry in this state.”
Justice Garde has directed the Racing Victoria orders against the trainers be set aside.
Racing Victoria acting CEO, Giles Thompson, said they are disappointed with the judgment.
“We will review the decision,” he said.
“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.” Genuine stayer Jacksstar paid a high price for his Auckland Cup placing. The Gary Vile- trained five- year- old finished third behind Chenille, but was subsequently found to have suffered a tendon injury during the race. Jacksstar won the group three Manawatu Cup in December and he also finished runner- up in both the Wellington Cup and the Marton Cup. Moira and Kieran Murdoch are likely to chase further black type for I Am Gracie in the wake of her latest success. The mother and daughter training combination produced the filly to win the Ronald McDonald House Charities 1200 at Ellerslie on Thursday and next month’s Breeders’ Stakes is now an appealing target. “We’ll definitely consider it,” Kieran Murdoch said. Rogan Norvall’s tenacity was rewarded yesterday when he celebrated a return to the winner’s stall aboard the Andrew Meikletrained Itsabird at Te Aroha to complete his comeback from serious injury. Ironically, it had been on the same course nearly a year ago that an incident in the barrier left Norvall with fractures of the tibia and fibia bones and he also had a break higher up the leg. “The course owed me and it’s a debt repaid now,” Norvall said.