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Cobalt Positives O'Sullivans' Appeal - Vic Gallops - Racehorse TALK

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O.P. « 2018-Nov-09, 05:07 PM »
Date set for O'Sullivans' cobalt hearing
 
Racing.com Staff@Racing
7 November, 2018

Three years after the first alleged offence, trainer Terry O'Sullivan and his daughter Karina will face cobalt charges concerning three of their horses next Monday.

The Racing Appeals and Disciplinary Board will hear charges laid by Racing Victoria stewards that the training partners took three horses to the races over a 10-month period from November 2015 that subsequently produced urine samples with cobalt concentration above the then threshold of 200 micrograms per litre.

The O'Sullivans were charged as follows:
DARRAGH - BALLARAT, 21 NOVEMBER 2015
Charge One: AR175(h)(i)
AR 175(h)(i) provides the Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise:
(h) Any person who administers, or causes to be administered, to a horse any prohibited substance; and
(i) For the purpose of affecting the performance or behaviour of a horse in a race or of preventing it starting in a race.
The stewards allege that prior to the race on 21 November 2015, Mr Terry O'Sullivan and/or Ms Karina O'Sullivan administered, or caused to be administered, to Darragh a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, for the purpose of affecting the performance or behaviour of Darragh in the race.

Charge Two: AR175(h)(ii) [Alternative to Charge One]
AR 175(h) provides that the Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise:
 (h)  Any person who administers, or causes to be administered, to a horse any prohibited substance; and
 (ii)  which is detected in any sample taken from such horse prior to or following the running of any race.
The stewards allege that prior to the race on 21 November 2015, Mr Terry O'Sullivan and/or Ms Karina O'Sullivan administered, or caused to be administered, to Darragh a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, which was detected in a pre-race urine sample taken from Darragh prior to the running of the race.

Charge Three: AR178 [Alternative to Charge One and Two]
The stewards allege that on 21 November 2015, Darragh was brought to the Ballarat Racecourse for the purpose of engaging in the IGA Liquor McKellar Mile Handicap (1600 metres) when a prohibited substance, being cobalt at a mass concentration of 200 micrograms per litre in urine, was detected in a urine sample taken from Darragh prior to the running of the race.

GOLD A PLENTY - SANDOWN, 7 AUGUST 2016
Charge Four: AR175(h)(i)
The stewards allege that prior to the race on 7 August 2016, Mr Terry O'Sullivan and/or Ms Karina O'Sullivan administered, or caused to be administered, to Gold A Plenty a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, for the purpose of affecting the performance or behaviour of Gold A Plenty in the race.
Charge Five: AR175(h)(ii) [Alternative to Charge Four]
The stewards allege that prior to the race on 7 August 2016, Mr Terry O'Sullivan and/or Ms Karina O'Sullivan administered, or caused to be administered, to Gold A Plenty a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, which was detected in a pre-race urine sample taken from Gold A Plenty prior to the running of the race.

Charge Six: AR178 [Alternative to Charges Four and Five]
The stewards allege that on 7 August 2016, Gold A Plenty was brought to the Sandown Racecourse for the purpose of engaging in the Crisp Steeplechase (3900 metres) when a prohibited substance, being cobalt at a mass concentration of 200 micrograms per litre in urine, was detected in a urine sample taken from Gold A Plenty prior to the running of the race.

DARRAGH - SANDOWN, 24 AUGUST 2016
Charge Seven: AR175(h)(i)
The stewards allege that prior to the race on 24 August 2016, Mr Terry O'Sullivan and/or Ms Karina O'Sullivan administered, or caused to be administered, to Darragh a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, for the purpose of affecting the performance or behaviour of Darragh in the race.

Charge Eight: AR175(h)(ii) [Alternative to Charge Seven]
The stewards allege that prior to the race on 24 August 2016, Mr Terry O'Sullivan and/or Ms Karina O'Sullivan administered, or caused to be administered, to Darragh a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, which was detected in a pre-race urine sample taken from Darragh prior to the running of the race.

Charge Nine: AR178 [Alternative to Charges Seven and Eight]
The stewards allege that on 24 August 2016, Darragh was brought to the Sandown Racecourse for the purpose of engaging in the Catanach's Jewellers Handicap (1500 metres) when a prohibited substance, being cobalt at a mass concentration of 200 micrograms per litre in urine, was detected in a urine sample taken from Darragh prior to the running of the race.
The hearing is scheduled to begin at 9:30am next Monday and is set down for three days.ENDS

Fancy that three years after detection on a stay of proceedings finally the case comes to the RAD board...you would think that memories may have faded in the time between when the charges were laid and when the hearings begin 3 years later.

Giddy Up :beer:


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« 2018-Nov-12, 05:44 PM Reply #1 »
O'sullivan ''dumbfounded'', ''bamboozled''

Andrew Eddy@fastisheddy   5:00pm

Trainer Terry O’Sullivan said he thought it was a mistake when informed he and daughter Karina had the first of three cobalt positives, despite later admissions to buying vitamins and electrolytes from a supplier who has since been deregistered.

On the opening day of the training pair’s hearing into three cobalt charges and their alternatives, O’Sullivan told the Racing Appeals and Disciplinary Board he had been ‘’dumbfounded’’ and ‘’bamboozled’’ when informed of each charge but could offer no explanation as to how the incredibly elevated cobalt readings in 2015 and 2016 could have occurred.

The training partners pleaded not guilty to charges under AR175 (h)(i) of ‘’extraordinarily high’’ cobalt urine returns from horses Darragh (twice) and Gold A Plenty during 2015 and 2016.

With a then threshold of 200 micrograms per litre in urine, all three were recorded initially at 600 m/grams and later, on independent analysis all returned 1200 m/grams or above.

O’Sullivan was pressed by RV’s legal counsel Dr Jack Rush, QC, that he had often purchased vitamins and electrolytes from a supplier, since deregistered, because they were cheaper but admitted he was not totally sure of all of their contents.

O’Sullivan said he was assured the purchases would not take his horse ‘’above the cobalt threshold’’ and that he trusted the advice.

He admitted some of the medications were not properly labelled so he could not be certain of what was in them.

When put on the stand O’Sullivan presented his argument that there was no simple explanation for the positives. He said it was a time following Peter Moody’s high-profile cobalt case.

‘’I don’t think anybody in their right mind would use it,’’ he said.

O’Sullivan said he did not treat his horses on race day and adhered strictly to the 24-hour rule.

RV’s general manager of veterinary services Dr Grace Forbes earlier gave evidence that she believed, on the evidence provided, that the horses were either treated in large doses of cobalt leading up to them racing or where treated with cobalt on the day of the race to record such readings.

The board heard that RV stewards had seized Karina O’Sullivan’s phone and had found she had been searching about banned peptide TB500, where she had listed dates and horse names.

She told the board denied she ever treated her horses with such substances, but that the information was part of her research.

Terry O’Sullivan was then quizzed by Rush, who asked if he was certain that his daughter had not been treating the horses without his knowledge. O’Sullivan said he didn’t ever ask his daughter whether she had.

‘’You just take it for granted that she isn’t,’’ he said.

‘’I didn’t think it would be necessary to ask.’’

The hearing continues on Tuesday.

Cobalt is set to remain in the news over the summer months with Judge Bowman confirming a number of cobalt cases since 2015 that had been parked pending outcome of the Kavanagh-O’Brien hearing before the Court Of Appeal earlier this year, will soon find dates to come before the board.ENDS


Giddy Up :beer:



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« 2018-Nov-13, 07:05 PM Reply #2 »
Decision reserved in O'Sullivan case
 
Andrew Eddy@fastisheddy
3:56pm

Racing Victoria stewards claim there were potential causes for horses prepared by Terry and Karina O'Sullivan to record high cobalt readings despite denials from the training partners of any illegal intervention.

The Racing Appeals and Disciplinary Board on Tuesday reserved its decision into the three charges and their alternatives faced by the Stawell-based O'Sullivans after their horses Darragh (twice) and Gold A Plenty returned extremely high cobalt readings of 1200 micrograms per litre of urine - and higher - in 2015 and 2016.

Those readings were more than six times the permitted cobalt threshold level at the time of the alleged offences.

Jack Rush, QC, for the stewards, told the RAD Board that Terry O'Sullivan had been inconsistent with his answers in previous interviews with stewards over the stable use of VAM, which is a vitamin and mineral mix known to contain cobalt.

Rush pointed to O'Sullivan's claim in an interview with stewards that a 20ml intravenous shot of VAM was a 'standard shot' in being a poignant piece of evidence in respect to the evidence of RV vet Dr Grace Forbes the previous day that a double shot of VAM (which is 20ml) could, on trials done in horses, result in a cobalt reading of about 1300 micrograms per litre if tested five to six hours after the dose.

That, Rush told the RAD Board, pointed strongly to there being a race-day treatment of cobalt in all three positives.

Denis Connell, for the O'Sullivans, said throughout the process of nearly three years, O'Sullivan and his daughter have maintained their innocence and continued to deny that they ever treated horses on race day.

Connell said the O'Sullivans simply do not know what occurred to produce such high findings and that cobalt science was still in its infancy.

He warned that the RAD Board was 'breaking new ground' in its decision as the cobalt scene in 10 years' time could be 'radically different to what it is today'.

The trainers face a mandatory minimum three-year disqualification if the RAD Board finds them guilty of administration of cobalt.

RAD Board Chairman Judge John Bowman said the decision could be expected within seven to 14 days.

Giddy Up :beer:



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