Trainers Danny O'Brien and Mark Kavanagh successfully appeal cobalt disqualifications at VCAT
Flemington trainers Danny O'Brien and Mark Kavanagh have on Friday morning successfully appealed their lengthy disqualifications over cobalt positives.
The pair are free to resume their training careers after Justice Greg Garde dismissed the charges against the trainers at the Victorian Civil and Administrative Tribunal.
In upholding the appeal, VCAT found:
- That it was satisfied that Dr Tom Brennan, the veterinarian of both of the trainers, administered or directed the administration to each horse of a substance in a bottle labelled ‘vitamin complex’ in pre‐race drips. The substance contained a high concentration of cobalt chloride.
- That it was not satisfied to the requisite standard that either Kavanagh or O’Brien caused Dr Brennan to administer the substance in the vitamin complex bottle, or that they were aware that it was being administered to their horses.
- That is was not satisfied to the requisite standard that either trainer was informed by Dr Brennan or suspected that he intended to administer an unproven and untested substance to their horses.
- That is was not satisfied that Kavanagh or O’Brien failed to make sufficient enquiries of Dr Brennan as to the substances that were to be administered to their respective horses, or were negligent in relying on veterinarians to administer pre‐race drips to their horses.
- That the test results were inadmissible evidence against the trainers, given that the cobalt testing procedures between April 2014 and August 2015 "substantially departed" from the requirements set out in AR 178D of the Rules of Racing.
O'Brien said following the decision it had been a long 26 months for the two trainers.
“Obviously this has been a long process, it’s over 26 months since these test results came back," O'Brien said.
“When they came back (the test results) both Mark and I were adamant we’d done nothing wrong."
"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."
In June of 2015, O'Brien was charged on 16 accounts after four horses, Caravan Rolls On, Bondeiger, De Little Engine and Bullpit, returned samples above the limit.
De Little Engine returned the highest sample of 550 (mcg/L) by the ChemCentre laboratory following his win by 4 3/4 lengths at Ballarat on 22 November 2014.
Caravan Rolls On returned a sample of 350 (mcg/L), Bullpit 300 (mcg/L) and Bondeiger 330 (mcg/L) after finishing runner-up in the Victoria Derby.
The samples have a 10 per cent measurement of uncertainty.
Mark Kavanagh was charged on four accounts over Magicool's positive sample following his win in the Listed UCI Stakes at Flemington on 4 October 2014.
Magicool returned a sample of 640 (mcg/L), the highest reading of the eight horses between the three stables.
Is RV chief steward Terry Bailey's position tenable following this morning's cobalt finding? #tenable
— Punters.com.au (@Punters) March 17, 2017
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