Moody/O'Brien/Kavanagh & Cobalt.....

Second Chance wrote: Thanks for the innuendos.  It adds to your earlier posts about rumours.

Yes of course... Which many on these forums are good at starting and spreading in absence of any evidence..

What would racing be without shenanigans ? No easier to win at, imo.

Starting to sound like the trots !

Hey skippy have you found out if DR Suann is back from stress leave yet?

The trots are ALWAYS involved!!!!!!!! That is where the gear always comes from.

monty1 wrote: What about our mate Adam Mathews, he is back on the scene, I saw him in the mounting yard Cup week, he is the Busuttin & Young Vet, no sign of the stress he experienced with the Kavanagh situation. So happy he is over his mental health issues and back working as an upstanding Veterinary Surgeon.

cabosanlucas wrote: monty1 wrote: The trots are ALWAYS involved!!!!!!!! That is where the gear always comes from. It sort of seems that way..atleast in part. but ive never understood that concept. how and why does the much lower level trotting industry ( in size, scope and finance) with more busted arses as industry participants become cutting edge when it comes to peds in racing?

Bi Carb wrote: cabosanlucas wrote: monty1 wrote: The trots are ALWAYS involved!!!!!!!! That is where the gear always comes from. It sort of seems that way..atleast in part. but ive never understood that concept. how and why does the much lower level trotting industry ( in size, scope and finance) with more busted arses as industry participants become cutting edge when it comes to peds in racing?   More to and fro from America in the red hots. Its very American interactive

Ahh ok. 👍

DKW gets away with murder

The long-running cobalt saga involving Danny O'Brien and Mark Kavanagh is heading back to the Victorian Civil and Administrative Tribunal following a mixed finding by the Court of Appeal on Friday.

Both sides, the trainers and Racing Victoria, claimed some level of victory following the decision by Supreme Court Justices Maxwell, McLeish and Cavanough.

For O'Brien and Kavanagh, it was a win in that the Court of Appeal dismissed RV's challenge of AR175 (h)(i) and AR175 (h)(ii), meaning they can not be penalised for administration.

"The Tribunal found that the trainers had no knowledge of the administration of any prohibited substance to any of their horses. That finding was not challenged on this application. RVL's grounds of appeal instead concerned the Tribunal's interpretation of the Rules of Racing," Justice Maxwell said.

"On the Tribunal's unchallenged findings of fact, the Court of Appeal said, the trainers had no knowledge that cobalt, or any substance other than those previously administered, was to be administered to their horses. Accordingly, they had not caused (the cobalt) to be administered to the horses. Those charges were correctly dismissed."

O'Brien said the decision by the Court of Appeal was clear win for he and Kavanagh.

"We're very pleased that the three Supreme Court judges here today have reinforced Justice Garde's decision that Mark and I at no stage attempted to breach the rules of racing and we can all move on, it is a shame that it had to go on for another nine months but it is all finished now," O'Brien said.

"This is a win, it has always been about administration and once again we have been found to be completely innocent of administration."

And while O'Brien and Kavanagh are in the clear in relation to administration, they now will head back to VCAT to face penalty relating to presentation after the Court of Appeal upheld an appeal against the interpretation of AR178D, meaning the tests that showed cobalt above the permitted threshold are admissible as evidence.

"The Court decided that the Tribunal had erred in dismissing those charges which were based simply on the bringing of the relevant horse to the racecourse and the detection of cobalt in a post-race sample," said Justice Maxwell.

"The Rules of Racing make provision for a simplified means of proving the presence of a prohibited substance. The Court held, contrary to the Tribunal's conclusion, that, this was not the only means of proof. Although certain steps in the shortcut procedure had not been fully complied with, other evidence before the Tribunal established - to the Tribunal's satisfaction - that cobalt was detected in the relevant samples.

"The Court therefore concluded that the charges based on detection of cobalt in a post-race sample were proved, and remitted the case to the Tribunal for consideration of penalty."

RV released a statement shortly after the Court of Appeal findings.

"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," said RV chief executive Giles Thompson.

"This decision reinforces that the action taken by Racing Victoria's integrity services team was the right and appropriate action when tests showed excessive levels of cobalt in horses.

"While it is now up to VCAT to determine penalties, we welcome the decision of the Court of Appeal as an important endorsement of the actions of our integrity services team.

"As the governing body in charge of an industry that provides the equivalent of 20,000 full-time jobs and drives more than $2.1 billion in annual economic activity, we have a responsibility to enforce rules that are in place to ensure public confidence in a level playing field for all."

Click here for the full findings from the Court of Appeal.

Not could be.  The ruling is that they are guilty of presentation and VCAT now has to determine appropriate penalties.  

Tontonan wrote: Not could be.  The ruling is that they are guilty of presentation and VCAT now has to determine appropriate penalties.   Given that is what should have happened two and a half years ago I wonder what VCAT will deem appropriate in the circumstances.

The " could be" reference was intended Tontonan, keep the odd jackal at bay lol, so it appears if any trainer presents one that comes back " dirty" but no proof of admin. just presentation, this is not good enough imo.

Tontonan wrote: Not could be.  The ruling is that they are guilty of presentation and VCAT now has to determine appropriate penalties.   Given that is what should have happened two and a half years ago I wonder what VCAT will deem appropriate in the circumstances.

Sad thing is that for Moody, Hopes and these blokes a charge of prensentation would have been a fait accompli 3 years ago. Guilty pleas, sentences in line with other prohibited substances... instead RV went nuclear with admin charges mandatory minimums for a substance it turns out they knew almost nothing about.

Three year later, here we are. Millions spent and careers in ruins. Does this mean the Hopes appeal can START now?

Did not one [or both] of these trainers 'lie' to stewards though? and it was proved? or am I wrong....lying to the feds brings big downtime from memory, I think a certain Pakenham or ex Pakenham trainer got 2 years for that....in the time of Lalor.

On a technicality.