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Offline deepthroat

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« 2016-Sep-27, 07:55 AM Reply #2275 »
All I can say is John Vine will be under (further)immense scrutiny at the forthcoming Hopes cases (or in closing at the present ones)...
Contrary opinion given by the same expert at 2 seperate sittings (VCAT vs Supreme Court) tend not to go down very well...

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« 2016-Sep-27, 06:54 PM Reply #2276 »
Emotional O'Brien slams RV cobalt case
Andrew Eddy@fastisheddy
, (
Danny O'Brien has slammed Racing Victoria's handling of his cobalt case, on Tuesday claiming the low-point was the 'incredibly unethical' manner in which he was last year issued with a show cause notice.
O’Brien choked up and battled with his emotions for the first time on day 18 of this appeal hearing at the Victorian Civil and Administrative Tribunal when he was asked to explain his feelings when first told that he would have to front a show-cause hearing last year to show why he should be allowed to continue training.
He said the announcement of the show cause hearing was, apart from his initial learning of his cobalt positive in January, 2015, the most traumatic time in the saga so far.
O'Brien said the show cause notice was issued at 5.23pm on a Friday night last year, which he described as 'incredibly unethical' as it heaped immediate pressure on his family, his clients and his staff, who thought they were going to lose their jobs.
O’Brien said he was distressed that the entire contents of his smart phone, including personal matters, were examined by stewards and then he was met with the scene of his seven-year-old son coming home after hearing the news of the show cause hearing on television and asking his father whether he was going to jail.
The trainer said the timing of the show cause for his stable, that of fellow Flemington trainer Mark Kavanagh, Caulfield trainer Peter Moody and the training partnership of Lee and Shannon Hope, was without justification.
"One of the reasons it was done was to decimate our stables," O'Brien said. "It was scripted to run in the (television) news that night," he claimed.
Earlier, O'Brien claimed that then Racing Victoria board member and now chairman David Moodie had broken the news to fellow trainer Peter Moody that O'Brien was about to informed by stewards that he had cobalt offences.
O'Brien said that although he could not vouch for the veracity of the claims by Moody, he confirmed that the Caulfield trainer had rung him with the news moments before stewards informed him of illegal cobalt levels in some of his horses on January 14 last year.
Asked by the trainer's legal counsel Damian Sheales as to how Moody knew that he and Kavanagh were about to be informed of their positives, O'Brien said: "It came from a board member, David Moodie, who is now RVL chairman."
It is understood that RV stewards discovered Moodie's phone call to Moody, who trained a number of horses for him before Moody was given a six-month cobalt suspension earlier this year, as part of the investigation into phone records of the trainers.
It is also believed that Moodie has since that day been cleared by the RV board and by RV's Integrity Council, which did not recommend any action against him.
VCAT president Justice Greg Garde had earlier heard that O'Brien was a highly professional trainer, who was always looking to improve his business and so had had adopted revolutionary training routines from the best trainers in the world.
O'Brien said he followed the lead of Winx's trainer Chris Waller in replacing the normal post-gallop stomach drenching of horses with an IV drip to aid in recovery following strenuous work.
O'Brien also invested heavily in chambers that allowed his horses to sleep in high-altitude conditions before working at sea level.
He got that idea from leading Victorian trainer Darren Weir, who had the chambers introduced into his training regime by owner Gerry Ryan, who knew of the benefits of altitude training from his experiences with his cycling team GreenEdge.
The Flemington trainer said he later discarded the theory of the high-altitude chambers after spending about $400,000 on six boxes.
"I came to the conclusion that spending 12 hours at altitude was taxing them," he told the tribunal.
After O'Brien had spoken with leading South African trainer Mike de Kock and indeed stayed with the trainer at his Newmarket base in the UK, he invested in high-speed treadmills.
O'Brien gave evidence that he'd also followed advice from the world's best trainer Aidan O'Brien with the Irishman explaining the benefits of galloping horses in a straight line as a balanced horse gallops more efficiently than one constantly unbalanced and turning corners.
O'Brien adopted that advice when planning the layout of his main grass track at his Barwon Heads property.
O'Brien will return to the stand when the hearing resumes at 10am on Wednesday.

Get out the Kleenex....this is a sideshow. :tears:

RV unethical in cobalt case, VCAT told
49 minutes ago Horse Racing
Danny O'Brien. (Pic: Getty)
Racing Victoria employed “unethical” and “dirty” tactics and "seeded” sections of the media information in a bid to undermine trainers, the Victoria Civil and Administrative Tribunal heard on Tuesday.
Trainer Danny O’Brien, who is fighting a career-ending four-year disqualification over cobalt administration to effect the performances of horses in a race, told VCAT that RV had gone to great lengths to consistently discredit him over the past 18 months.
“It’s been unethical, anything dirty they have done and they have been seeding the media,” O’Brien said.
O’Brien cited an email that arrived with his lawyers on Friday, July 23, 2015 at 5.23pm notifying him – as well as trainers Mark Kavanagh, Peter Moody and Lee and Shannon Hope – of having to show cause the following Wednesday why their trainer’s licence should not be revoked until the cobalt case had been finalised.
He said both Channels 7 and 9 led their evening news bulletins that night with the story and intimated both television stations had been forewarned the story was coming.
O’Brien said he had tried to shield his children from all the news surrounding the cobalt saga, but his seven-year-old son, who had been at a friend’s place, asked him on his return home that July night “if I was going to jail”.
He added the news had a particularly stressful effect on his staff who wondered if “come Monday they might not have a job”.
“It was incredibly unethically dropped on us and scripted to run with the evening news at 6pm," O'Brien said.
“I believe it was done to try to decimate our stable.”
Earlier, VCAT heard it was David Moodie, the current Racing Victoria chairman, who told then trainer Peter Moody of the cobalt positives to trainers Mark Kavanagh and O’Brien before Racing Victoria stewards had informed them.
O’Brien, giving evidence on the 18th day of the VCAT hearing, said he received a phone call from Moody who told him RV stewards were with Kavanagh as they spoke about a cobalt positive one of his horses had returned.
He said Moody told him that he had heard a similar rumour about O’Brien having cobalt positives.
O’Brien said Moody did not tell his the identity of his source at the time.
Asked by his lawyer Damian Sheales had he since asked Moody who told him about the positives, O’Brien replied: “It came from David Moodie, now the RVL (sic) chairman.”
VCAT president Greg Garde is presiding over the review into a decision by the Racing Appeals and Disciplinary Board to disqualify O’Brien for four years and Kavanagh for three years after they were found to have administered cobalt to their horses in a bid to effect their performance in a race.
O’Brien said in the immediate aftermath of the revelation of the cobalt positives, RV was effectively saying that he, Mark Kavanagh and Peter Moody had been “cowboys and cheats”.
He said Australian racing had copped a global “shellacking” over the positives and he had done his best to work out how they had occurred in his stable and he came to the conclusion that it had to be the IV drip regimen that had been employed by his vet Dr Tom Brennan.
O’Brien said Dr Brian Stewart, the chief veterinarian at RV, had “misled the industry” with his statement that Hong Kong Jockey Club had a threshold for cobalt of 100 micrograms per litre of urine for cobalt and that any trainer whose horses had gone over the RV threshold of 200 micrograms had to be “cheating”.
O’Brien said the haste that RV had introduced the cobalt threshold with little or no information to the training fraternity had in effect left trainers “blindly using products” that could have easily led to horses returning cobalt positives.
He said January 14, 2015, the day the news broke regarding the cobalt, became a bit of blur. He added RV stewards gave him 30 minutes to inform his clients and staff about the cobalt developments before they intended to make a public announcement.
“I knew how public it had been for Peter (Moody) and I knew how public it would be for me,” O’Brien said.
O’Brien told VCAT he paid veterinarian Dr Tom Brennan $3000 on November 19, 2014 as his contribution for the IV drip regimen that had been in operation is his stable for the best part of two months.
He said he did not query the amount given the length of time the drips had been used and didn't view it as a “large figure”.
O’Brien said he paid Brennan from his personal account as he had been at his home office and he knew the details of his personal account, not his business accounts.
The VCAT hearing continues on Wednesday.

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« 2016-Sep-28, 06:10 PM Reply #2277 »
O'Brien admits withholding information
Andrew Eddy@fastisheddy

Trainer Danny O'Brien said he purposefully held back information from Racing Victoria stewards in his cobalt investigation because he feared it would be misused against him.

O'Brien was being questioned by RV's legal counsel Jeff Gleeson, SC, as to why he did not initially tell the stewards about a $3000 payment to his vet Dr Tom Brennan for a vitamin complex mix.

"I did not trust Racing Victoria," O'Brien said. He added that the trust between he and stewards had broken down after information he had earlier supplied was, in his words, turned against him.

His revelation came on day 19 of his and fellow Flemington trainer Mark Kavanagh's VCAT appeals against lengthy cobalt disqualifications.

O'Brien had earlier admitted that he thought the bottle of Brennan's vitamin complex mix was at the heart of his cobalt troubles in the days after he was informed of his breach but did not tell stewards of his payment to Brennan for fear it would be used in a news headline.

"Stewards were going to misuse the information," O'Brien said. "Once again Terry Bailey (chief steward) betrays everyone's trust ... and uses it on a public stage."

Gleeson then put to him that he withheld relevant evidence as he expected to be wronged to which he replied: "Yes."

Earlier, O'Brien said he agreed to begin an intravenous drip regime for his horses in September, 2014 after learning that training great Chris Waller was using drips to aid the post-race recovery of his horses.

O'Brien said his stable began using the IV drips as a replacement for the saline drenches for some horses in September, 2014 after he had been informed by Brennan that Waller had moved to IV drips to better benefit a horse's recovery.

Gleeson then asked why in all the evidence he had given at the Racing Appeals and Disciplinary Board and at the current hearing at VCAT hearing that he had never mentioned Waller's name before Tuesday's hearing.

"I didn't want to put Chris' name in any proceedings," O'Brien answered.

The appeal of O'Brien and Kavanagh heard on Tuesday that O'Brien often followed the leads of the best trainers in the world and so that was why he had copied Waller's move to a more sophisticated supplementation regime.

O'Brien had earlier given evidence that he followed the advice of the world's best trainer Aidan O'Brien to strenuously gallop his horses in a straight line while also taking the advice of South African trainer Mike de Kock to purchases high-speed treadmills.

The appeal also heard he had spent about $400,000 on high-altitude boxes at his stables after learning that Victoria's leading trainer Darren Weir was resting his horses at high altitude.

O'Brien agreed to Gleeson's assertion that his initial discussions with Brennan about the prospect of introducing IV drips for post-race recovery was the most important discussion in this case.

Gleeson then quizzed the trainer as to what he knew about the solution that Brennan was going to use to drip his horses.

But O'Brien said he never questioned Brennan about the contents of the drips, or how much they would cost his clients. He said he expected the mix contained vitamins, minerals and electrolytes and that he did not know that Brennan was adding 5ml of the vitamin complex mix that contained the excessive amounts of cobalt.

Gleeson then challenged O'Brien, saying that a highly professional trainer such as himself should have done the due diligence on what his horses were receiving to which O'Brien answered: "The due diligence was to select the right vet."

The appeal enters its 20th day on October 10 with dates also booked in for October 14, 17 and 20 to complete the hearing.

Hmmm......Paying $3K for 3 bottles of vitamins without asking what is in them  is stretching it......earlier evidence was that 20 doses were dished out from each bottle.......I don't recall how much they charged but it wasn't at cost ........nothing yet from G1X  maybe later.

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« 2016-Sep-28, 06:16 PM Reply #2278 »
The O'Sullivans have hit high numbers RV stewards investigating.

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« 2016-Sep-28, 06:28 PM Reply #2279 »

VCAT told payment hidden from stewards

BY Adrian Dunn - @adriandunn2

23 minutes ago Horse Racing

Danny O'Brien. (Pic: Vince Caligiuri/Getty)

Trainer Danny O’Brien did not tell Racing Victoria stewards for six months about a $3,000 payment to veterinarian Dr Tom Brennan because he knew it would incriminate him, the Victoria Civil and Administrative Tribunal heard on Wednesday.

Jeff Gleeson, SC, for Racing Victoria, told VCAT that an “honest and unsuspecting person” would “certainly have volunteered” to RV stewards when first interviewed on January 14 about the $3,000 payment to Dr Brennan for the IV drip program given to his horses.

Gleeson said O’Brien did not mention the payment in three interviews – January 14, February 24 and May 13 – with stewards until Dr Brennan made certain admissions to stewards on July 20, 2015.

“The reason you say you didn’t do that is that it didn’t occur to you,” Gleeson said. O’Brien agreed with that assertion.

When Gleeson put to him that he was “hoping against hope it would remain a secret”, O’Brien replied: “Certainly as things panned out between myself and stewards I knew it would be used aggressively against me.

“Once it was disclosed they put a press release out the next day isolating one fact in a multi, multi-faceted investigation.

“They put in the press that I paid $3,000 for vitamins, it was put in the press that I paid $1,000 a bottle – a mystery bottle that I have never seen.

“It was once again used by the stewards in the exact manner that I knew it would be.”

O’Brien said he came to the conclusion that the trust between himself and the stewards had broken down.

Gleeson asked O’Brien if he was naive enough to think that he had paid $3,000 from his personal bank account for an IV drip trial that it was not relevant. O’Brien said there was nothing “sinister” about the payment.

Gleeson said O’Brien was angry with Dr Brennan for telling the stewards on July 20, 2015 about the $3,000 payment because the trainer believed it "incriminated” him about the knowledge that the drips contained a prohibited substance.

“No, no, no,” O’Brien replied.

“I was angry with Dr Brennan full stop.

“I knew what exactly occurred in the next 48 hours that Terry Bailey would once again betray everyone’s trust and use it publicly to demean myself and the other trainers despite giving undertaking to Dr Brennan that those facts would not be disclosed until everyone had the chance to examine them in proper proceedings.”

Earlier, O’Brien said he did not know the name, the contents or the cost of the substance of the drips given to his horses that resulted in cobalt positives.

O’Brien, giving evidence on the 19th day of the hearing, said he did not ask veterinarian Dr Tom Brennan the name of the product or how much he intended to charge for it.

The Cox Plate-winning trainer agreed with Gleeson that he was aware now that many of his horses, including his best horses, were systematically administered with cobalt via an IV drip by his veterinarian during the spring carnival of 2014.

O’Brien agreed with Gleeson that Brennan had been using unregistered products on his horses and he was unaware what those products were and he didn’t ask his vet what those products were.

Asked by Gleeson if his knowledge as of the September 2014 that was cobalt was a prohibited substance above the threshold of 200 micrograms pre litre of urine, O’Brien replied: “Yes.”

O’Brien said he did not ask Dr Brennan what were the constituents of the drips. He said his due diligence was selecting a veterinarian that he could trust.

O’Brien said that as of September 2014 he did not know what cobalt cost to produce, how to administer it or administer it himself or where to purchase it.

Gleeson said O’Brien had changed his story from the Racing Appeals and Disciplinary Board to VCAT as to the discussions he had with Dr Brennan as to the need to implement the IV drip regimen.

“They are probably the most important discussions involving you (O’Brien) in these proceedings,” Gleeson said.

“Yesterday you changed your story as to these critical conversations with Dr Brennan about why he recommended the drips.

“You introduced with some emphasis the name Chris Waller.”

O’Brien told VCAT that Dr Brennan had told him about an IV drip regimen that Waller used after their horses galloped a couple of times a week.

“The pitch that Brennan gave you was, 'Waller, Waller, Waller',” Gleeson said.

O’Brien said it was “part of the conversation, not the pitch” that Dr Brennan gave him. He said he mentioned the IV drip regimen at the Racing Appeals and Disciplinary Board, but had not named the trainer.

Asked by Gleeson had he ever given evidence before that Brennan said to him that he should use it because Waller is using it, O’Brien replied: “No.”

O’Brien said he did not tell his owners that their horses were undertaking a new IV drip regimen and nor did he tell them of increased veterinary expenses in their accounts.

He also told VCAT that he would have only given 10 drips to horses in the previous 20 years he had been a trainer.

VCAT has adjourned the Kavanagh and O’Brien appeals until October 10 with October 14, 17 and 20 also set aside to hear evidence with November 2 and 4 to hear closing submissions.

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« 2016-Oct-10, 06:49 PM Reply #2280 »
Mark Kavanagh and Danny O

Danny O'Brien and Mark Kavanagh (Image: Racing Photos)
Frustrating day at VCAT Cobalt appeal
Andrew Eddy@fastisheddy

The cobalt appeal of trainers Danny O’Brien and Mark Kavanagh reached its 20th day and the obvious frustration of the drawn-out proceedings were laid bare in Monday’s hearing, which was marked by angry exchanges, objections and accusations.
Jeff Gleeson, SC, counsel for Racing Victoria stewards, spent the entire day questioning O’Brien over telephone calls made and received at about the time of him being informed of his cobalt positives in January last year and of his knowledge of the contents of the drips given his horses by Dr Tom Brennan.
Damian Sheales, for the trainers, complained to VCAT president Justice Greg Garde that Gleeson’s questioning was either irrelevant or transgressed the lines of fairness.
“We’re going around in circles. It’s Groundhog day,” he told the tribunal.
In the afternoon session, Sheales continued his attack of the prosecution case, which he described as ‘a train wreck’.
The venom of the counsel’s exchanges even reached the witness stand where, at one point when asked for how many minutes he had spoken to Sam Kavanagh, O’Brien shot back to Gleeson: “Is this a maths test? Do you want me to get my calculator out?”
Sheales informed Justice Garde that his client was being a ‘smart alec’ and requested O’Brien desist.
Sheales had earlier accused Gleeson of not quoting fairly or accurately from the transcript when putting a question to O’Brien concerning his payment of $3000 to Dr Tom Brennan from his personal account for the drips.
“That’s a false and desperate premise from a prosecution that is falling apart,” he said before adding: ‘’Their case is schizophrenic.”
Gleeson then sought to register a concern about the ‘performance of Mr Sheales who has made three personal attacks that are gratuitous and insulting’.
Justice Garde tried to calm the storm by pointing out that there was no value for either side to be engaged in a slanging match. He said the appeal had been ‘difficult and frustrating’ but directed the counsels to their ethical responsibilities.
O’Brien told the tribunal that at the current rate of proceedings, he and Kavanagh could be up for as much as $75,000 simply for the hearing to go ahead. He said the appeal, which comes as a $2500 daily cost, might go 30 days.
But there was some light at the end of the tunnel at the end of the day, with Gleeson telling Justice Garde that he is likely to require O’Brien to stay on the stand for the morning session only when the appeal continues on Friday.
Mark Kavanagh will follow O’Brien on the stand. The appeal is booked in for four more days with the final two days scheduled either side of VRC Oaks day. report.
Danny O'Brien says he went into shock when a vet revealed he had added a substance called vitamin complex to drips given to horses in the Victorian trainer's stables.

Dr Tom Brennan came clean in July last year and told stewards he gave the vitamin complex to horses in the O'Brien and Mark Kavanagh stables.

O'Brien told his appeal against his four-year cobalt disqualification he was rattled when he spoke to stewards after Brennan's revelation.

"I had obviously that morning been given an absolutely unbelievable version of events from Dr Brennan that completely rattled me," O'Brien said on Monday.

"I've just gone into shock."

O'Brien said he had not heard about the bottles of vitamin complex before that time.

O'Brien paid $3000 to Brennan but said it was during a trial to administer vitamins, minerals and electrolytes through drips instead of saline drenches.

The payment was part of an understanding with Brennan that the trial would not become too expensive for owners, O'Brien told the Victorian Civil and Administrative Tribunal on Monday.

Brennan has told the appeal O'Brien and Kavanagh knew he was adding the vitamin complex and they each paid $3000 for three bottles of it, but that none of them knew it contained cobalt.

The trainers did not know about the vitamin complex, their barrister has told VCAT.

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Offline j.r.b.

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« 2016-Oct-10, 07:38 PM Reply #2281 »
They've left a nought off the daily and total legals.

Offline Arsenal

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« 2016-Oct-14, 06:19 PM Reply #2282 »
Kavanagh denies paying for vitamin complex

23 minutes ago by AAP

Victorian trainer Mark Kavanagh has denied paying a vet $3000 for the substance called vitamin complex at the centre of his cobalt case.

 Dr Tom Brennan maintains Kavanagh and fellow Flemington trainer Danny O'Brien knew he was adding the substance to drips given to horses in their stables and they each paid $3000 for three bottles of it.

 Kavanagh told his appeal against his three-year cobalt disqualification that he did not pay Brennan $3000 cash and there was never any discussion about it costing $1000 a bottle.

 Kavanagh said Brennan never showed him the vitamin complex bottle and if he had done so, "they wouldn't have been using it on my horses".

 Kavanagh has since seen a photo of the bottle, which he said did not even look like a professionally-made product.

 Brennan did not tell stewards about the vitamin complex until July last year, six months after O'Brien and Kavanagh learned about their cobalt positives.

 Questioned at the time about Brennan's claims, Kavanagh told stewards he had nothing to do with "that stuff" and only authorised the use of legitimate vitamins in drips.

 Kavanagh on Friday said he trialled an IV drip regime for delivering vitamins on Brennan's suggestion but stopped it after a month as as the horses were not going any better.

 Kavanagh said seven days after he learned of his cobalt positive, Racing Victoria's calendar contained a warning about not using large doses of vitamins including registered products such as VAM.

 That was despite its chief vet having attended conferences where that was discussed, he said.

 "At the time I was under the impression that they disregarded and ignored the warnings towards the trainers," Kavanagh told the Victorian Civil and Administrative Tribunal.

 "It's my personal opinion now they hid them."

 Racing Victoria brought in a cobalt threshold in April 2014, ahead of the national rule in January 2015.

 A bottle of vitamin complex Brennan sent to Kavanagh's son, Sydney trainer Sam Kavanagh, was found to contain high concentrations of cobalt.

 Mark Kavanagh, who had one horse return a cobalt positive, will continue giving evidence on Monday, the 22nd day of the appeal.

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« Last Edit: 2016-Oct-14, 06:41 PM by Arsenal »

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« 2016-Oct-17, 06:58 PM Reply #2283 »

Kavanagh "lied" about second mobile phone

BY Adrian Dunn - @adriandunn2

1 hour ago Horse Racing

Mark Kavanagh. (Pic: Getty)

Mark Kavanagh lied to his owners in a letter about the reason why he purchased a second mobile phone the Victoria Civil and Administrative Tribunal heard today.

Kavanagh, in a letter to his owners on December 22, 2015, said he purchased the second mobile phone because his son Sam, with whom he had a strained relationship, would not speak to him if he didn’t.

He said that is what he “believed at the time”.

But, Kavanagh told VCAT the reason he bought a second phone is because his wife Isobel had concerns that his first phone could have been tapped.

After repeated questions from Jeff Gleeson, QC, for Racing Victoria, Kavanagh agreed the letter to his owners was inaccurate.

“Your statement in your letter to your owners that you bought the phone because Sam would not speak to you if he did not was a lie,” Gleeson said.

Kavanagh replied: “That was incorrect, yes.”

Kavanagh agreed with Gleeson that his evidence in relation to why he purchased a second mobile phone after the cobalt revelations broke had “shifted a number of times”.

He also agreed with Gleeson that when he bought the second mobile phone on January 14, 2014, he was “utterly innocent” and had “nothing to hide”.

When suggested by Gleeson that he bought the phone so he could have “covert conversations” about cobalt, Kavanagh replied: “That’s incorrect.”

Gleeson put to Kavanagh he purchased the second phone because “he had a lot to hide”. Kavanagh rejected that assertion.

“You wanted to speak to Sam (Kavaangh) and (Dr Tom) Brennan and (Danny) O’Brien in an open and free manner without having to be careful about what you said,” Gleeson said.

Kavanagh said that was incorrect.

Earlier, Kavanagh said he stopped using the IV drip program that ultimately led to his three-year disqualification because he believed they were “useless”.

Kavanagh, appearing in the witness box on the 22nd day of the VCAT hearing into his and Danny O’Brien’s appeal against cobalt-related disqualifications, said he “lost confidence” in the IV drips in late October, 2014.

He told the hearing, chaired by Greg Garde, the president of VCAT, that his then veterinarian Dr Brennan recommend the drips as “the way to go”.

But, after using them for about one month, Kavanagh said he decided to abandon them. “They clearly were not having a benefit,” Kavanagh said.

Kavanagh rejected a suggestion from Jeff Gleeson, QC, for Racing Victoria that he stopped using the drips because of the adverse reaction suffered by Super Cool, who had been on the program.

Super Cool was treated for colic on October 25, 2014. Kavanagh said there are “one million things that cause colic”.

Asked by Gleeson if there is one million things that can cause colic, but cobalt is not one of them, Kavanagh replied: “A drip can’t give a horse colic.”

Kavanagh told VCAT that he did not ask Dr Brennan the cost of the drips. “If you ask how much it costs you can’t afford it,” he said.

He also said he didn’t ask Dr Brennan his hourly rate, the cost of a call out or the cost of a single procedure.

Kavangh said before Dr Brennan suggested his stable undertake the IV drip regimen in late September 2014, it had been extremely rare for him to use IV drips with his horses.

The Melbourne Cup-winning trainer denied any knowledge that Dr Brennan told him the contents of the vitamin complex bottle could not be guaranteed.

Kavanagh repeatedly described as “lies” the evidence given by Dr Brennan to Racing Victoria stewards that he had a conversation with him about the contents of the vitamin bottle as well as paying him $3,000 cash.

“My own vet is a liar,” Kavanagh said.

“When you employ a vet they are told from the start that they do not have any un-guaranteed products. That is nothing short of a ridiculous allegation.”

Kavanagh said he believed the drips contained VAM, B12 and multi vitamins and at no stage did he query Dr Brennan about the contents.

The VCAT hearing will resume on Thursday.

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« 2016-Oct-20, 07:31 PM Reply #2284 »
Cobalt case takes toll on Kavanagh

5 hours ago by AAP

  Mark Kavanagh is fighting his cobalt ban  Image: Getty

Being charged with a cobalt offence has left Melbourne Cup and Cox Plate-winning trainer Mark Kavanagh's family and career "in tatters".

 Kavanagh has sold his home to keep his unprofitable training operation going and cover his legal costs as he fights a three-year cobalt disqualification.

 "I sold it earlier this year to pay for the debts - the legal costs and to keep the business running," Kavanagh told the Victorian Civil and Administrative Tribunal.

 Kavanagh said his business had not been profitable since he was charged in January 2015 over the horse Magicool's cobalt positive following an October 2014 race.

 The number of horses on Kavanagh's books has fallen from 125 to 25, while his staff has been reduced from 35-40 to about 10.

 His always-patchy relationship with his eldest son, disqualified Sydney trainer Sam Kavanagh, is now non-existent.

 Asked how his wife Isobel had coped, Kavanagh said: "She hasn't."

 Kavanagh admitted he lied during a NSW inquiry, over his evidence that Flemington Equine Clinic vet Tom Brennan and its practice manager told the trainer they sent a bottle to Sam Kavanagh found to contain cobalt.

 Kavanagh said he was confused at the time, in March 2015.

 "My family was in tatters. My career was in tatters. My son was a mess and things were changing by the moment.," he said on Thursday.

 "Stories were going everywhere. Everybody had a different version and I was extremely confused."

 After being told a bottle of a substance called vitamin complex found in his Sydney stables contained highly concentrated cobalt, Sam Kavanagh informed NSW stewards in February 2015 that Brennan supplied the bottle.

 But Brennan did not come clean until July last year, revealing he gave the vitamin complex to some racehorses in the Mark Kavanagh and Danny O'Brien stables and sent it to Sam Kavanagh.

 Kavanagh and O'Brien, who was disqualified for four years over four horses' cobalt positives, continue to train under a stay of proceedings pending the outcome of the VCAT appeal.

 After 23 days of evidence, closing submissions in the case will be heard on the Wednesday and Friday of Melbourne Cup week.

« Last Edit: 2016-Oct-20, 07:38 PM by Arsenal »

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« 2016-Nov-17, 09:34 AM Reply #2285 »
NSW update on  cobalt penalty appeals.

Before the NSW Racing Appeals Tribunal
Please note that the dates of 22 November 2016 to 25 November 2016 scheduled for hearing the appeals below have now been vacated on the application of some of the appellants pending the outcome of related proceedings currently before VCAT in Victoria. New dates are currently being agreed and will be notified as soon as they are settled.

Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges

Giddy Up :beer:

Offline deepthroat

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« 2016-Nov-17, 10:29 AM Reply #2286 »
What's fascinating is head RNSW authorities were questioned on the accred issues and denied to the media they would have any impact on their cases... At least they're smart enough not to waste $$ pursuing the cases until an outcome found at VCAT..
The NMI to this day still have no equine specific cobalt accreditation and the same Chemcentre issues focussed on in the recent RV VCAT cases are also relevant to the NSW appellants.....
There will be a lot of breath holding until Judge Garde makes his ruling..
The Demmler VCAT harness case has also been put off until next year; it will also be effected by the Kavanagh/O'Brien (and Hopes) outcome..

Offline deepthroat

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« 2017-Jan-10, 08:04 PM Reply #2287 »
More Vic gallops positives...
Think they'll be being kept under wraps til VCAT verdict...

Offline Arsenal

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« 2017-Jan-11, 08:34 PM Reply #2288 »
First positive under the reduced threshold Trevor J Andrews' Coppola returned readings of 118 and 120 stewards are investigating.

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Offline Arsenal

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« 2017-Jan-12, 09:15 PM Reply #2289 »
Another one over the threshold no details as to the readings......trainer declined to plead guilty and cop 18 months.

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Online Authorized

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« 2017-Jan-18, 05:45 PM Reply #2290 »
Geoffrey Riddle ‏@Louchepunter  29m29 minutes ago
Majed Al Jahouri banned in Dubai for two years for presence of cobalt in Hamares. Banned for 12 months in April 2015 for propoxyphene use.

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« 2017-Jan-18, 05:49 PM Reply #2291 »

ERA Media Release - Mr Majed Al Jahouri

Wed, 18/01/2017 - 09:48

ERA Stewards concluded an inquiry on the 11th January 2017, into a report received from the Equine Forensic Unit that the post-race sample taken from HAMARES (FR) after it competed in Race 6 “Al Saad Handicap” (1600 metres) at Al Ain on Friday 18th November 2016, was found to have a concentration of cobalt in excess of 100 micrograms per litre in urine.

Trainer Mr. Majed Al Jahouri pleaded guilty to a charge under the provisions of ERA Rule 95AAA 2, in that he presented and raced HAMARES (FR) in Race 6, “Al Saad Handicap”, 1600 metres at Al Ain on the 18th November 2016, which was subsequently found, upon analysis of a post-race urine sample, to have had cobalt administered to it, as evidenced by a concentration of cobalt in excess of 100 micrograms per litre in urine.

In determining the appropriate penalty in this case, the Stewards had considered a number of factors including:
• The circumstances of the offence;
• The seriousness of the offence, involving the presentation of cobalt above the threshold level;
• General and specific deterrence;
• The integrity and image of racing, particularly given that the offence related to a post-race sample taken from a winner;
• Mr. M Al Jahouri’s guilty plea and prior record.

Mr. M Al Jahouri was disqualified for a period of 2 years, effective 11th January 2017 and to expire on midnight 11th January 2019.

Pursuant to ERA 86(ii), HAMARES (FR) was disqualified from first place in Race 6 “Al Saad Handicap” (1600 metres) at Al Ain on the 18th November 2016 and the placings adjusted to:

Finish Horse Trainer Jockey
1st HAMZA (AE) Eric Lemartinel Jesus Rosales
2nd EL SALAAM (GB) Ali Rashid Al Rayhi Tadhg O’Shea
3rd DA’AREEN (FR) Majed Al Jahouri Harry Bentley
4th ASHRAAF (FR) Musabbeh Al Mheiri George Buckell
5th ES KWASHI (AE) Mohd Ramadan Fernando Jara

Sam Shinsky
ERA Head Steward

Offline Arsenal

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« 2017-Jan-24, 05:57 PM Reply #2292 »
Smart decision by Kane Harris who declined the opportunity to plead guilty and cop 18 months for cobalt positives the reserve samples came back under the threshold he's in the clear.

Giddy Up :beer:

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« 2017-Jan-25, 09:16 AM Reply #2293 »
Smart decision by Kane Harris who declined the opportunity to plead guilty and cop 18 months for cobalt positives the reserve samples came back under the threshold he's in the clear.

Giddy Up :beer:

This is an interesting one from both sides of the argument.

On the one hand as you say he is not guilty in this instance but on the other hand he is probably over ( well over ) the minimum limit which put him in the suspicious range.

He outed himself. Had he waited for the B test nobody would know about it. Now some people will be asking why was the reading so high ?

Offline Arsenal

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« 2017-Feb-26, 10:38 PM Reply #2294 »
The cobalt hearing concluded in early November but still no decision from the learned RAD board...this should have been settled well before this.......whatever the outcome the delay in bringing this case to conclusion is unacceptable.......the RAD board should be prodded by the racing minister to do what they're appointed to do without further delay.

Giddy Up >:(

Offline deepthroat

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« 2017-Feb-27, 11:14 AM Reply #2295 »
We're awaiting VCAT this time so the Minister should have no bearing when a verdict is handed down..
Judge Garde was heavily involved in the kids in adult custody case right up until Xmas in the Supreme Court, which he would otherwise likely have utilised that time to review the >20 days of testimony plus written submissions..
He was wanting things to move faster, in particular so the Hopes could get their appeal underway but these things can't be rushed... What's another few months after its been a few years!!

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« 2017-Mar-03, 09:55 AM Reply #2296 »
It may or may not be relevant but  in QLD where QCAT is the port of call for appealing internal reviews of stewards' decisions which are dealt with promptly by QRIC the learned member of QCAT has 90 days in which to hand down his/her decision........whether there's any such rule in Victoria I dunno.

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Offline Dave

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« 2017-Mar-03, 04:32 PM Reply #2297 »
Is this still going on??? I thought they had served their time by now?

Offline j.r.b.

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« 2017-Mar-15, 09:31 AM Reply #2298 »
Judgment this Friday.

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« 2017-Mar-15, 08:19 PM Reply #2299 »
O'Brien, Kavanagh to learn fates on Friday
Andrew Eddy@fastisheddy

The racing futures of trainers Danny O'Brien and Mark Kavanagh are on the line this Friday when the result of their cobalt appeals is announced. But it isn't just the Flemington trainers that are anxious for the outcome.

The two trainers began their appeal to the Victoria Civil and Administrative Tribunal on August 1 last year - more than 18 months after they were informed of their cobalt positives - and in that time cobalt has proven a divisive topic in the racing community.

A six-month cobalt suspension for Victoria's former leading trainer Peter Moody was enough for him to quit his profession.

But he did not go quietly as he questioned the science of whether cobalt was a performance-enhancer and whether Victoria jumped the gun in becoming the first state to introduce a cobalt threshold in April, 2014 before the naturally-occurring substance had been properly tested.

The Moody saga was sandwiched between O'Brien and Kavanagh's trials at the Racing Appeals and Disciplinary Board and their subsequent appeal to VCAT.

At the latter the science of cobalt was again questioned, as was the testing regime of the samples. While these points were being argued and re-argued, further cobalt charges were laid against father-and-daughter training partners Terry and Karina O'Sullivan and more recently Trevor Andrews.

Other trainers such as Kane Harris, John Leek and Len Xuereb have had horses register illegal cobalt levels but all three have avoided charges after confirmatory samples were found to be under the threshold or within the measure of uncertainty.

The cobalt cases of the O'Sullivans and Andrews and the appeal of disqualified father-and-son training partners Lee and Shannon Hope have been consigned to the backburner while VCAT hears the appeal of O'Brien and Kavanagh, who had been given four and three-year disqualifications by the RAD Board.

Delivering the decision is Supreme Court Justice Greg Garde and it is his verdict that will establish a new watermark in the debate.

Despite the thoroughness of the appeal, any party aggrieved with his decision on Friday can apply to take the matter a further step - to the Court of Appeal. If such an application is successful, a three-person panel of judges would then preside over the appeal.

G1X Report

Cobalt - the big decision Friday

BY Bruce Clark - @snowyclark

5 hours ago Horse Racing

Mark Kavanagh, Nina and Danny O'Brien with Damien Sheales

An upbeat trainer Danny O’Brien opened with “at last we get our day in court.”

And with that O’Brien expressed his delight that Victorian Civil and Administrative Tribunal Judge Greg Garde announced he would deliver his verdict to end the long cobalt saga on Friday morning.

Both O’Brien and fellow Flemington trainer Mark Kavanagh went to VCAT after the Racing Appeals and Disciplinary Board dismissed appeals against four and three year disqualifications (or career ending bans effectively) in relation to cobalt.

“We are really pleased to get this decision, this has been going on since August 1 when the appeal was first heard, it’s been a significant amount of time since the ball was bounced” O’Brien said.

Kavanagh concurred.

“I’m looking forward to it, it will bring some sort of closure,” he told

O’Brien stressed he would accept the decision of Justice Garde, virtually ruling out another step to the Court of Appeal if he is unsuccessful.

“This has been heard by a Supreme Court judge – we’ve had a very fair and comprehensive hearing in complete contrast to the RADB where we couldn’t cross examine,” O’Brien said.

A decision against RV would allow them to seek advice and leave to a further appeal.

But O'Brien said he was quietly confident the verdict would go the way of the trainers. If it does, the ramifications for Racing Victoria and its integrity department are enormous. Not to mention for racing itself, with other cobalt cases on hold pending this verdict.

“If we get the decision we expect, there will be significant fallout – it would be hard for us to think if Justice Garde finds us innocent, we could expect to work with these people (Racing Victoria) again. And I would think personal at Racing Victoria would have to come under the spotlight,” O’Brien said.

O’Brien said he and his legal team had not thought past Friday’s decision re possible recriminations against RV if he is successful.

“We have been focussed on the decision first before even thinking of going down that path,” O’Brien said.

But he did point out that he had missed three years of buying his normal quota of horses at yearling sales in Australia and New Zealand and his business was operating at only 25 percent of what it had before the cobalt issue came in January 2015 off the back of the 2014 spring carnival.

O’Brien had four horses in the cobalt spotlight above the then approved threshold, while Kavanagh had one.

“It’s been massive the impact on my business, we’ve had existing owners who have supported us through but it’s been very difficult, we’ve only bought about 10% of the number of horses we would normally buy over that period, not knowing what was going on but we are confident about the outcome,” O’Brien said.

Kavanagh bought six yearlings at the recent Adelaide Magic Millions sales, hoping he could start to rebuild his business in the event of a successful appeal.

“It’s the most we’ve bought in the last three years,” he said.

But a decision in favour of Racing Victoria, and much of this case has been built on process and approved testing methods and laboratories that did test, will end the careers of the high profile trainers and set a precedent finding.

Already Peter Moody has successfully walked away from training into other aspects of the racing industry after he was given a six month suspension by the RADB for cobalt. But there is no reason why he would not seek redress if the verdict goes the way of the trainers.

Veterinarian Dr Tom Brennan, who worked for both Kavanagh and O’Brien was banned for five years for his role. He abandoned an appeal at VCAT over costs but gave evidence during this hearing.

Running alongside this case is another cobalt hearing in relation to Lee and Shannon Hope while Terry and Karina O’Sullivan are yet to be charged despite cobalt irregularities. Not has Trevor Andrews or Len Xuereb while Kane Harris and John Leek avoided charges despite irregular cobalt readings.

In other VCAT news - Dan Nikolic's case - whether he is a “fit and proper person to hold a jockey’s licence - is likely reach decision on Friday.

Giddy Up :beer: