Racehorse TALK

Thoroughbred Racing Talk => Vic Gallops => Topic started by: Arsenal on 2017-Nov-09, 09:43 AM

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2017-Nov-09, 09:43 AM
REPORTS OF DOPING SCANDAL TO ROCK RACING AUSTRALIA WIDE

AS the Melbourne Cup carnival enters its third day, the racing industry is about to be rocked by the findings of an doping investigation conducted by Racing Victoria stewards.

BRENDAN CORMICK reports for THE AUSTRALIAN that charges could be laid as early as tomorrow (Friday), with stewards exposing the alleged use of coded text messages to alert punters when to bet on doped horses.

A far-reaching investigation involves several stables and senior training figures as well as racing administrators. It’s understood that interstate figures are also being questioned by integrity officers.

The Australian understands several mobile phones have been seized by Racing Victoria stewards for forensic examination in the past month.

The phones belong to licensed persons. The investigation has looked into three years’ worth of data.

Trainers from metropolitan, country and interstate stables, their staff and some owners have had to comply with the investigation as part of their licensing agreement.

It is understood one figure in a position of prominence will be required to stand aside.

A person known to one of the parties is alleged to have provided information that led to the unraveling of the coded messages.

The coded texts would be sent to those involved in the scam once the alleged doping had taken place so that they could orchestrate plunges. The alleged doping could involve dozens of races.

Racing Victoria stewards are tight-lipped as the matter is currently an investigation being held in-camera.

Racing Victoria chief steward Terry Bailey would not confirm whether the current investigation had spread into other stables but he said stewards still have a number of interviews of licensed persons to conduct before making any further comment.

Several witnesses gave evidence early last week during an exhaustive day of interviews.

The revelations follow a recent crackdown by stewards on illegal treatment of horses on race day.

On October 7 at Flemington, acting on a report from the Compliance Assurance Team, stewards interviewed Melbourne trainer Robert Smerdon and registered stablehands Greg Nelligan, Jim Cook and Danny Garland.

It was in regard to the suspect treatment of the mare Lovani after it had arrived on course. The mare was led into an enclosed box, believed to be the one used to get urine samples from horses.

The Australian understands what followed was filmed on a closed circuit camera and recorded. Stewards, suspecting race day treatment took place orally, ordered the late withdrawal of Lovani from the ninth race.

The inquiry was adjourned so that the substance found in a plunger, confiscated from Nelligan, could be identified.

Stewards have not yet provided anything further in the way of a report. No charges have been laid in respect to that inquiry and it is not suggested that the inquiry is linked with the text messaging/doping scandal.

Trainers not involved in the case and owners with no blemish on their records want the book thrown at the alleged culprits if the allegations are proved.

One racing identity said yesterday racing in Victoria would suffer for some time as a result of the findings.

The Australian attempted to contact Smerdon but he was not available.

Racing in Victoria has had to battle damaging headlines around the carnival over the past five years.

The betting scandal involving Damien Oliver in 2012 tarnished the industry. He placed $10,000 on the winner of a race at Moonee Valley that he had a ride in through a conduit from the jockeys’ room. Oliver was banned for 10 months.

The cobalt episode involving Peter Moody, Mark Kavanagh and Danny O’Brien dragged on through the 2015 and 2016 carnivals, with the original hearing and a subsequent appeal.

Moody quit training after being found guilty, annoyed by the finding and not prepared to exhaust his finances on further legal fees.

LGHR report.

Giddy Up :beer:

 
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2017-Nov-10, 07:03 AM
Must admit never could work out Nic Ashman's racing qualification, but he has  turned up on Racing.com as the face of  Bet 365.

He did  advise any punters, who needed some help something like this......"in all the years I've been punting I have learned that when the money goes on a Robert Smerdon runner you must follow the smart money"

He was talking about Property who finished 6th.

Title: Doping Scandal Investigation in Victoria
Post by: jfc on 2017-Nov-10, 08:36 AM
Smerdon plus Steve Fletcher combination has form.

http://www.heraldsun.com.au/victorian-stewards-could-probe-mosheen-connections-over-nsw-police-inquiry/news-story/f4ac6208e3d3c9645750963bf903477e
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2017-Nov-10, 07:23 PM
TOP RACING OFFICIAL EMBROILED IN RACING VICTORIA DOPING PROBE
A LEADING racing administrator is the latest figure to be embroiled in a sensational Racing Victoria investigation into alleged widespread doping.
LEO SCHLINK reports for the HERALD-SUN that as many as seven trainers are believed to have been grilled by stewards in a complex probe stemming from the alleged race day treatment of Robert Smerdon’s Lovani with an unknown substance at the Turnbull Stakes meeting at Flemington last month.

Chief steward Terry Bailey won’t comment on the case.

But information extracted from confiscated mobile phones belonging to Aquanita Racing personnel has led to several high-profile figures being interviewed.

The Herald Sun understands directors of the Aquanita board, including Melbourne Racing Club chairman Mike Symons, could be interviewed. There is no suggestion Symons or any director is involved.

Smerdon and other members of his staff, including float driver Greg Nelligan, are among a growing band of ¬licensed operators to be formally interviewed.

Nelligan was observed allegedly attempting to orally administer a paste to Lovani with a plunger shortly before she was due to race. Nelligan was monitored by members of RV’s Compliance Assurance team after he allegedly took the mare behind closed doors into a swabbing stall. The float driver’s mobile phone was confiscated.

The paste has been sent to a laboratory for drug analysis. The results of those tests are not yet known.

Stewards interviewed Smerdon, Nelligan and ¬registered stablehands Jim Cook and Danny Garland at Flemington on October 7.

The investigation is expected to take several weeks.

The Herald Sun was told charges were not imminent given the complexity of the case.ENDS......above story from LGHR

Racing.com report follows._

Symons: I have nothing to hide
 
Matt Stewart@Mattunchained
1:38pm
, (
Melbourne Racing Club chairman Mike Symons says he is 'angered and distressed' at being 'dragged into' an apparent doping scandal.

"I have absolutely nothing to hide. I told (chief steward) Terry Bailey he could have my phone, my records, the lot. I know absolutely nothing of any alleged doping of horses. I am utterly distressed that I've been dragged into it."

Symons, a director of Aquanita Racing for 12 years, and also director of the company that employs trainer Robert Smerdon, confirmed he and other Aquanita directors had been advised by stewards that they would be required to be interviewed.

He said he believed the directors would be the 'last cabs off the rank because I believe stewards still have to interview a number of people and also some who haven't yet been available'.
Stewards have given no details of the nature of the inquiry, other than to indicate that it is ongoing. It is unclear if it will be resolved within weeks or continue into the New Year.

They are believed to be investigating a possible doping ring that might involve as many as seven trainers.

The investigation follows the recent race-day treatment probe involving Smerdon and his mare Lovani.

Stewards scratched the horse from a race on Turnbull Stakes Day, alleging she had been illegally treated with a paste.

Smerdon, his float driver Greg Nelligan and a strapper were interviewed on the day. It is believed the paste has been confiscated and is being tested.

Smerdon did not return calls from Racing.com on Friday, sending a text message: "Sorry I can't talk right now."

Stewards are believed to be in possession of text messages taken from a phone confiscated from an Aquanita float driver. They are believed to reveal information about horse doping and related betting activity.

Symons, who said it was well known that he was a punter, said he would have informed stewards immediately had he ever suspected illegal practices in the training of horses at Aquanita.ENDS

Well he would say that wouldn't he......as for Terry Bailey not commenting it's obvious that "someone" has standard press practice to protect their source.

Giddy Up :beer:

OOOPS the last section of the story quoting Symons was unintentionally omitted. :shy:

"It was our duty as board directors to ensure our trainers were at all times compliant and aware of the rules. I'm not pre-judging anything and I hope this inquiry comes sooner or later. All I'm saying is me, and the board, have no knowledge of any improper behaviour," he said.
"I am extremely distressed that my name has popped up in this. I am distressed that information from what should have been a closed inquiry has become public, given the only people that knew of it were our directors, contacted by email."
Symons said he challenged Bailey about possible leaking of sensitive information.
"He just said the more wide-ranging the inquiry becomes, the greater the possibility of it getting out," he said.
"I just want this dealt with. I have nothing to hide and will answer any of their questions."
Symons said it had long been proposed that he would relinquish the chairmanship of the MRC early next year as 'part of our normal transitioning process' but said he would not resign for the 'wrong reasons'.
"Once this mess is dusted up and my stated position is proven, there would want to be a decent gap between that and any decision that was made regarding the MRC. I would hate for anyone to think they were in any way connected," he said.


Giddy Up

Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2017-Nov-10, 10:49 PM
I don't comment on these cases unless pointing out that everyone is entitled to a fair hearing.

But the very fact that this is even a story...after all the pain we have gone through with Cobalt and other stuff over recent times....you just gotta shake your head  :no:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-11, 06:37 AM
Greedy and morons. :no: A lethal combination 
Title: Doping Scandal Investigation in Victoria
Post by: MagiC~* on 2017-Nov-14, 12:28 PM
Aquinita have been playing these games for a long time, including laying their horses on Betfair  emthdown
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-14, 06:21 PM

This doping scandal is another contrived diversion

There is nothing so reliable as Melbourne racing administrators loudly demonstrating their committment to 'integrity' --   the self same lot that routinely allow races to be run that can be  called 'unfair' as soon as acceptances are declared.

Races so run as to encourage some horses to be deliberately  'unlucky' one day and 'lucky' another day

The idea that a major trainer would dope a horse is stupid to start with and doubly so if done on the morning of a race - - an automatic offence.

Not only are horses swabbed at random, and not at random, there is a leakage problem if more than one person knows--- and then there is the money trail  --  either 'on' or 'off' the horse in question.

There is no point doping a horse to win or to lose and then not making money by betting accordingly.

The only winning scenario has only one person doing the doping and only that one person betting to take advantage of it -- and then hoping that s not discovered.

Not credible.

On the matter of dopes and being duped it is surely the TAB punters that need to be swabbed for the display of gullibility that seems impregnable to the routine working over with the wide comb shears in this the shearing season.

Title: Doping Scandal Investigation in Victoria
Post by: gunbower on 2017-Nov-14, 07:45 PM
Starting to have some concerns about the calibre of Stewarding in Victoria. Just watched some videos and watched the ride on a bolter called "Black Soul " in the second race at Bendigo Today. You used to have to ride them out to the line otherwise you faced one of the more serious charges in Racing ie failing to give a horse every opportunity etc. Now the stewards pinged the bloke who rode it but what was the penalty ? A lousy $200 bucks or about his riding fee. That is a complete joke. I will be the first to say that the horse  could not have won but did he get every opportunity to finish in the first four . Clearly not. Even the "Integrity " people agreed that he wasn't tested. For that he virtually cops nil penalty. You would have to think this  buzz word "Integrity" is clearly that  ; and nothing else.
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2017-Nov-14, 08:25 PM
Starting to have some concerns about the calibre of Stewarding in Victoria. Just watched some videos and watched the ride on a bolter called "Black Soul " in the second race at Bendigo Today. You used to have to ride them out to the line otherwise you faced one of the more serious charges in Racing ie failing to give a horse every opportunity etc. Now the stewards pinged the bloke who rode it but what was the penalty ? A lousy $200 bucks or about his riding fee. That is a complete joke. I will be the first to say that the horse  could not have won but did he get every opportunity to finish in the first four . Clearly not. Even the "Integrity " people agreed that he wasn't tested. For that he virtually cops nil penalty. You would have to think this  buzz word "Integrity" is clearly that  ; and nothing else.

The bloke riding the last horse should have got fined $400 if that was the criteria. He stops riding at the top of the straight!!

Ingenious - rider Damien Thornton could offer no explanation for the performance which was disappointing. A post race veterinary examination failed to reveal any abnormalities.

He sat up in the saddle not long after they turned the corner. Goes into the blackbook.
Title: Doping Scandal Investigation in Victoria
Post by: pegasyber on 2017-Nov-14, 09:36 PM
   1.   Not too much wrong with the Integrity of that race with a  R. I.  Q. of 60%, in that five of the horses most likely to place, [  10  7  1  5  13  ], included three of the placings [  1  5  and   10 }.  This dataset is not a Rating.
     
  2.   Horse # 8 had a rating of 80.7  which is 8.1 lengths inferior to the Winner # 1, @ 88.8. on 3 most recent runs, important in a middle distance event.  Perhaps No 8 was just jack of all the racing  ( just look at the Form data ) in the last 23 days; as being a 7 days horse in the last four events is quite a load.?

 
Quote
VF140817 bg21411F * RACE NAME ID* [ bg21411F  2017. BM 58 HANDICAP,,,,,,,,,,,,,,, 2200 mtrs]. COMPRUN 11-14-2017. AT 20:39:48 RESULT  [     1  5  3  10   ~             ]

VF140817 bg21411F * LOW LRAC WDIV [  10  7  1  5  13  ] [  10 TOP OF THE.  ---  ].[ 7 TURNING TI. a *LR7DS* ].[ 1 HARASON W%.  ---  ].[ 5 TRE DIECI .  ---  ].[ 13 SADDLE UP .  ---  ].[ ] F4 & 5LOW.


VF140817 bg21411F * WMSPD ORD TNO [     1     12     10      8      5     11     13      4      9      6      3      2      7     ]  * ] BMVRS/W [  ]*SPL*
VF140817 bg21411F * WMSPD RTG ORD [  888   848   820   807  799   799   769   756   722   678   677   627   594   ] IMPORTANT
 
 
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-15, 05:31 AM

Follow the money -- where did it go (and where did it not go)

In the same way that it is not sensible to dope a horse, and then not bet to take financial advantage, it is not sensible to pull a horse one day before letting it go on another day, without playing a financial hand.

Evidence of such behaviour would be in the betting market in terms of 'firming' and 'easing'- - usually too late for TAB punters to change their bets

The evidence would also be in the betting behaviour of  'connections' : this evidence is apparently never found presumably because it is never looked for and that is an indictment of the administration of an industry noisily claiming a commitment to integrity.

............. there is not much integrity in a Cup week being Xmas for bookmakers......... but that absence is compensated by contriving a controversy about possible misbehaviour and a flurrry of noise about what will be done to find and punish it.



Title: Doping Scandal Investigation in Victoria
Post by: gunbower on 2017-Nov-15, 08:03 AM
Cannot possibly see what some ones computer ratings have to do with the integrity of a race. If such ratings were the be all of everything then there wouldn't be any point in running races to bet on. My comments were aimed squarely at the Stewards who saw what is regarded as a serious breach of the rules and bashed up the culprit with a feather .Whether some ones computer tells them the horse wasn't a winning chance is totally irrelevant.
Title: Doping Scandal Investigation in Victoria
Post by: Gintara on 2017-Nov-15, 04:58 PM
They throw up the animal welfare card as a reason. Doesn't help the punters playing multis  :chin:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-15, 05:28 PM


The computer may not lie

...................... but it is surprising that no one is using this technology before the race is run
 and sharing the forecast in the media.

More to the point is the implication that the computer program beats the SP market as a guide.

I suspect what is happening is that the computer 'finds' some detail in a past performance that , if repeatd, would give a runner a good chance -- and then shows it was repeated in the unexpected result.

What we need are the results of the computer analysis before the race is run.

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-15, 07:55 PM
.


What we need are the results of the computer analysis before the race is run.

Well, get off your arse and do something for yourself  :lol:
Title: Doping Scandal Investigation in Victoria
Post by: gunbower on 2017-Nov-15, 10:15 PM
Very well put Gintara. Sometimes I don't think that some of these regulatory authorities realize how much is invested in various forms of multis.
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-16, 01:02 AM

Wily presents a problem,

........on his own say so he is reportedly something of a success at the punting caper.......on the other hand i would be surprised if even someone of Wily's claimed ability were not dismayed by the surprize outcomes routinely showing up in races over 1400 m at both Flenington and Caulfield --- this especially when those races are contested by restricted class gallopers and the fields are inflated to capacity.

If no one else can get it right, the probability is that Wily does not either

Accorgdingly one might expect to see Wily also looking for some relief -- the stakes are high when these 'dud' races are legs of quadrellas and the TAB pools  nationally are being knocked off by syndicate punters entitled to rebates.



Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-16, 06:31 AM
Wily presents a problem,

........on his own say so he is reportedly something of a success at the punting caper



More lies. I have constantly said on here that I'm a bad punter.

Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-16, 06:54 AM


............ the good news wily is i am here to help

You will be a better punter once you, and others, are given a fair chance of race results reflecting the form

Importantly, one prerequisite is for FVL to proscribe the running of 1400 m races at flemington and caulfield with inflated fields of restricted  class horses.

I am thinking you see the wisdom of this now.

Other changes are also much needed -- reflect on the race outcomes for the valley of tears on Friday night and then ponder the prospects awaiting on saturday --  races  2 and 10 in particular look suspect on the score of all 15 0r 16 runners getting a fair crack of the whip.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-16, 06:57 AM
So you're now claiming an 11 horse field is inflated?
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-16, 07:03 AM

.................. it can be if the runners are early 3yro and the distance is new.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-16, 07:20 AM
So you would ban 11 horse fields for 3yos over a new distance :chin:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-16, 04:26 PM


The capacity of wily to misunderstand belies his name.

Racing administrators inflate fields to inflate turnover and thus the 'take' available to fund racing.

The problems come when the size of the field is inconsistent with a fair race and are compounded when runners are accepted which do not warrant the weight. or are otherwise unsuited to be competitive in the race

Except in special circumstances , race fields for 1400 m races at Flemington and Caulfield should be limited to 10 acceptances including two emergencies so that 8 run.

Those 10 need to be qualified to start -- not just horses out for a run with no real prospect of being anything other than an impediment to a fair race.

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-16, 04:58 PM
Who were the horses "out for a run" in Tamasa's race?
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-16, 05:40 PM

It may be helpful for the wily one to have a go at explaining the prevalence of rough results in races over 1400 m at Flemington and Caulfield.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-16, 05:48 PM
Given  you, once again, cant explain your claims  of the tamasa race your assertions are clearly bullshite :
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-16, 07:05 PM
It may be helpful for the wily one to have a go at explaining the prevalence of rough results in races over 1400 m at Flemington and Caulfield.

Um Pete given I know you don't have the balls or racing knowledge to answer my question. I'll answer yours for you

Cup Day  no upsets from 3 races. Punters spot on
Dash for Dollar won. 2nd favourite
Crown Witness won as favourite.
Pedrana won. widely tipped and 3rd fave

Ladies Day . 1 slightly rough result and 1 very predictable win by punters
Tribal Wisdom Greys race and no hard luck stories. Gosford Guineas winner. Won 3 from 10.
 Hellova Street favourite.

Emirates Day. 1 win predicted by punters. 1 slightly rough
Moher equal 3rd fave. Group 3 placed. 7  career wins. 2 wins and 1 placing from 5 goes 3rd up
Kentucky Breeze. Well bred unbeaten. Won in good time only win when 2nd fave



All in all punters found it very easy to identify 5 of the 7 winners

Thus making Your claim of ""a prevalence of rough results"" utter bullshit :bulb:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2017-Nov-17, 01:00 AM


Wily  -- I know you are wheeling the barrow to get me set on the RVL board--- but don't make it so obvious, please.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2017-Nov-17, 03:54 PM
Oh Pete. Yes you are being put front and centre. Your lies, self interest and dishonesty is on show for all to see :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jan-10, 09:23 PM
Smerdon charges just the start of another long integrity saga
By Bren O'Brien 10 hours ago
Robert Smerdon is one of eight people chargedImage: Getty Images
Comment: For the third time in six years, Victorian racing faces a major scandal involving some of its most high-profile participants.

The charges against Robert Smerdon and his cohorts are serious and involve the raceday treatment of horses for over seven years.

The fiasco over the cobalt charges involving Danny O’Brien and Mark Kavanagh is a reminder that the presumption of innocence always prevails until the judicial process reaches its end.

Remarkably that case is still ongoing, with O’Brien and Kavanagh to face VCAT on presentation charges later this month, over three years since they and Peter Moody were first informed their horses had tested positive to excessive levels of cobalt.

If anyone knows the difficulty of prosecuting serious charges it is Racing Victoria, who have had a hard time of getting the rulings of the RAD Board upheld by VCAT and related courts in recent years.

The cobalt prosecutions have turned into a costly debacle, with everything from the science behind the law to the competency of integrity staff put on trial.



Danny O'Brien and Mark Kavangah have fought their cobalt charges all the way (Getty images)

Prior to that, RV was put through a lengthy legal process with former trainer Mark Riley, who initially successfully argued in the Supreme Court that a three-year ban on him over elevated TCO2 levels should not stand. RV eventually won that case in the Court of Appeal, but that occurred some 18 months after Riley was initially suspended.

While the cobalt case was argued over the definition of administration, the Riley case was a debate about rounding and the margin of error that should be accounted for.

Where the case against Smerdon and co differs is that RV will try to prove a case of simple raceday administration. There will be little scientific debate involved.

RELATED:
Smerdon charged over raceday treatment
Float driver charged with laying stable horses
Smerdon's career of triumph and controversy

Under rule 178E(1), no person may without the permission of stewards cause to be administered any medication to a horse on race day prior to such horse running in a race.

RV’s integrity team will also tender evidence that Smerdon was engaged in a practice that was dishonest, corrupt or fraudulent, improper or dishonourable, in that he was a party to the administration of alkalinising agents and/or medications to a horse or horses on a race day. That would be a breach of AR 175 A.

This relates to 115 alleged incidents spanning back until June 2010.

The first question asked after the charges were announced on Wednesday was why has it taken seven years? 

The answer would appear to be that when RV confiscated the phone of stablehand and float driver Greg Nelligan, they uncovered what they allege is a historical pattern of behaviour.

Nelligan’s phone was confiscated when the integrity team allegedly found him about to treat Lovani with a syringe on Turnbull Stakes day last year. It is alleged that syringe contained sodium bicarbonate, colloquially knows as a milkshake.

The information received from that phone forms the basis of the charges laid this week. Nelligan is accused of breaching the laws of racing in 123 occasions. He also faces two charges of betting against horses in Smerdon’s yard.

Information gleaned from Nelligan’s phone has also allowed stewards to charge Tony Vasil with seven breaches of AR175, suspended trainer Trent Pennutto with four breaches and Liam Birchley and Stuart Webb with three breaches each.

Tony Vasil, who trained stars such as Elvstroem and Haradasun, is among those charged (Getty images)

Stable staff Daniel Garland and Denise Nelligan also face charges.

So what are the chances the charges stick?

Any legal challenges will no doubt centre on Nelligan and his phone, and whether the alleged historical breaches can be proven based on text messages.

The science of treatment should not be called into question, because any treatment on raceday is a breach of the rules. Unlike the cobalt case, the substance does not matter.

Any argument will likely be over the timing of treatment and whether the correspondence on Nelligan’s phone is indeed a true record of what has happened.

It’s a complex conspiracy which has been alleged and one which should it be put through the courts, is unlikely to be resolved quickly.

Even if, as some have suggested, Smerdon does a Peter Moody and retires, there are seven others who may look to defend their careers.

They deserve the right to do that, but in that case, we could be set for another cobalt-like saga.   

Share on Facebook Share on Twitter ENDS

https://www.justhorseracing.com.au/news/australian-racing/robert-smerdon-facing-serious-charges/425415


Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jan-12, 10:31 PM
Smerdon, Webb stand down and show causes issued
Andrew Eddy@fastisheddy   4:16pm
, (
In a dramatic turn to the Lovani inquiry, trainers Robert Smerdon and Stuart Webb have stood down while another three past and present Aquanita employees have been asked to show cause why they should not be stood down pending the hearing of the race day treatment charges.

In a media release on Friday, Racing Victoria announced that after discussions between Aquanita Racing and Racing Victoria, four Aquanita employees have relinquished their roles pending the completion of the inquiry.

Aquanita Racing on Friday informed Racing Victoria that its employees Robert Smerdon, Denise Nelligan, Stuart Webb and Daniel Garland had agreed to stand down pending an upcoming hearing of the Racing Appeals and Disciplinary Board.

The effect of their standing down is that they will be regarded as suspended persons. They will be permitted to attend race meetings but will not participate in their normal activities as licensed or registered persons.

Show cause notices were also issued to trainers Tony Vasil and Liam Birchley and former Aquanita Racing employee Greg Nelligan who have been asked to submit their case as to why they should remain actively involved in the industry. 

Trainer Trent Pennuto is already serving a period of disqualification after being found guilty of AR 64G (stomach tubing) in August 2017. He was advised that if the charges against him have not been heard and determined prior to the conclusion of his suspension in May, he also many expect to receive a show cause letter.

In a media release on Friday, Aquanita Racing explained the process that led to Smerdon and three other employees standing down from their roles.

‘’After much consideration, being mindful of their responsibilities to staff and owners and in the broader interests of racing, they have decided to stand down from their training duties at Aquanita and within their respective businesses effective, Monday, January 15,’’ the Aquanita release stated.

‘’As well as contacting owners to advise them of this decision, we are in the process of allocating training responsibilities to Rob Hickmott, Henry Dwyer, John Sadler and Nick Ryan.

‘’With these multiple group 1 winning trainers, we have every confidence the horses trained by Robert and Stuart will receive outstanding training and care.

‘’Those charged are entitled to natural justice, which includes the presumption of innocence. It is for this reason we have decided it is fair and appropriate that they continue to be paid pending the outcome of future hearings or changes in circumstances.’’

Racing Victoria’s chief executive officer Giles Thompson said: ‘’It is important to say that all of those charged by stewards on Tuesday have a presumption of innocence, however given the serious nature of the charges the stewards believe this is an appropriate course of action for the Aquanita personnel to have taken.

‘’Under the Australian Rules of Racing, the registered and licensed personnel facing charges can be stood down pending a hearing if their continued participation in racing might pose an unacceptable risk to, prejudice or undermine the image, interests or integrity of racing.’’

As for the show causes, stewards are considering possible action under Australian Rule of Racing 8(z) which states:

‘’Notwithstanding anything contained within these Rules, and not in limitation of any power conferred by these Rules, where a person has been charged with a breach of these Rules (Or a local rule of a Principal Racing Authority) or a person has been charged with the commission of an indictable criminal offence, the Stewards pursuant to the authority delegated by the Principal Racing Authority, if of the opinion that the continued participation of that person in racing might pose an unacceptable risk to, prejudice or undermine the image, interests or integrity of racing may:

(a)  suspend and licence, registration, right, or privilege granted under these Rules to that person;

(b)  prevent any horse owned (or part-owned) or leased by that person from participating in any race or official trial;

(c) order that any registration of the transfer of ownership and/or training of a horse related to that person not be effected;

(d)  make any other direction or order related to the person which is in the interests of racing,

‘’Racing Victoria welcomes Aquanita’s decision and its continued cooperation with this inquiry,’’ Thompson said.

‘’It’s vital that the integrity of Victorian thoroughbred racing is protected while we await the outcomes of the Racing Appeals and Disciplinary Board hearing of these charges.

‘’The Stewards have made no determinations concerning the show cause notices involving Mr Vasil, Mr Birchley and Mr Nelligan and they will be given the full opportunity to put submissions to the Stewards in regards to their own situations

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jan-29, 04:16 PM
New name for Aquanita Racing but stench remains
Patrick Bartley
THE AGE

Last week Aquanita Racing chairman Peter Howell released a press statement renaming Aquanita Racing as Neerim Lodge.

Remarkably even though they are immersed in potentially the biggest doping and corruption scandal in Australian racing, it's business as usual.

LINK

http://www.theage.com.au/sport/horseracing/new-name-for-aquanita-racing-but-stench-remains-20180128-h0pe2z.html
New beginnings for Aquanita Racing. Source: aquanita.com.au
New beginnings for Aquanita Racing. Source: aquanita.com.au
The horses remain in work, new trainers have been appointed, replacing those who have stood down, and the show goes on.

This unprecedented situation prompted one top trainer to comment: "I should be so lucky, if I was stood down facing corruption charges my business would be gone, just finished."

The fact that the Aquanita business has prevailed has stunned many in racing, none more than those who knew that the Aquanita management fee took a large percentage of prizemoney.

Fairfax Media understands that the current doping and corruption charges relate to more than 120 horses stretching back almost a decade and many of these horses won prizemoney.

Individuals found guilty of corrupt behaviour are dealt with brutally in racing. Training businesses are lost and racing enthusiasts can suffer life bans.

Fortunately this type of corruption is rare but we have seen tough justice dished out in the past with life bans over the Fine Cotton ring-in affair and the nobbling of Bart Cummings' Melbourne Cup favourite Big Philou.

So serious are the charges levelled at the Aquanita employees that  four of them including leading trainers Robert Smerdon, Stuart Webb and stablehands Greg Nelligan and Daniel Garland voluntarily stood down.

The others charged are trainer Tony Vasil and Brisbane based Liam Birchley who were issued with show cause notices and will face a stewards hearing soon.

But in a truly remarkable scenario Aquanita have emerged without a scratch.

They have rebranded their operation Neerim Lodge to distance themselves from the tainted brand Aquanita. But it would seem apart from a name change it is business as usual for Aquanita-Neerim Lodge.

How can this be?

If David Hayes, Chris Waller or Darren Weir were stood down facing corruption charges their entire horse training businesses would be lost.

Aquanita Racing was a management company that promoted itself as  allowing the trainers to train while they took care of the rest of the business.

This wasn't necessarily cheap for the trainers with Fairfax Media understanding that part of the management fee was a large percentage of prizemoney for any Aquanita horse.

At the peak Aquanita had stables in three states and over 300 horses on the books.

The board of directors also included powerful racing identities Mike Symons, chairman of Melbourne Racing Club; Peter Howell, a well known punter; Dr Kim McKeller, Smerdon's vet and on the board of country racing, as well as horse owner and advertising executive David Trussler.

Aquanita chairman Howell and director Symons have publicly stated that they knew nothing of the alleged corrupt practices and Fairfax Media is not suggesting otherwise.

Indeed in a recent press release Howell said it was a difficult time and "the Aquanita brand will be discontinued with the management services to be offered under a new name but integrity, transparency and compliance will continue to be paramount considerations in our operation."

Perhaps these should have always been key parameters because it is a sad indictment on the management company that possibly the biggest corruption and doping scandal in Australian racing history occurred under their watch and involved eight of their employees, 123 of their horses in 123 races over nearly a 10-year period.



Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: MagiC~* on 2018-Jan-29, 05:34 PM
How is Aquinita still allowed to operate ?

Surely they are implicated in this as much as the trainers ?

They seized one phone, but 8 Aquinita trainers charged ..... how is the Aquinita group not involved in this ?

Title: Doping Scandal Investigation in Victoria
Post by: JWesleyHarding on 2018-Jan-29, 08:18 PM
Sad that the name of such a great horse is besmirched in such activity. emthdown
Title: Doping Scandal Investigation in Victoria
Post by: gunbower on 2018-Jan-29, 09:12 PM
Look you make a great point Magic C.  Maybe "The Integrity Department " whatever that means sees the trainers as softer targets . It certainly looks like that. Are some of the management of Aquanita somehow  the "untouchables " It certainly would appear so. How the heck are they allowed to set up with a new name. Absolute nonsense. Just warn them off till these matters are finalized. Wouldn't that be interesting ?
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-07, 09:28 AM
Aquanita inquiry 'the biggest'
Andrew Eddy@fastisheddy   6 February, 2018
Racing.Com

The Aquanita inquiry into a raft of charges against eight staff including trainer Robert Smerdon is set to become Australia's largest racing inquiry when it begins before the Racing Appeals and Disciplinary Board on April 30.

RAD Board Chairman Judge John Bowman said at the first directions hearing held on Tuesday that he did not doubt the scope of the inquiry and predicted it would run at least a fortnight as several of Australia's leading racing figures face a multitude of charges.

"This will potentially be the biggest racing inquiry I can remember, given number of charges and number of people involved," Judge Bowman said.

Judge Bowman said the inquiry, which was launched after a race-day treatment inquiry into Smerdon's galloper Lovani, should be called the Aquanita inquiry as he said the case put by the stewards goes well beyond the Lovani incident.

"All involved have some link to Aquanita," he observed.

Group 1winning trainers Smerdon, Stuart Webb and Tony Vasil were charged, along with Queensland counterpart Liam Birchley, former trainer Trent Pennuto and stable hands Greg and Denise Nelligan and Danny Garland.

No pleas were entered on Tuesday.

The eight face a total of 271 counts under multiple racing rules following alleged evidence of race day treatment of Lovani early in the spring.

Racing Victoria stewards claim the case against the trainers and former Aquanita staff revolves around text messages, which allegedly reveal information about possible race day treatment.

RV's barrister Jeff Gleeson, SC, said stewards will allege there was a 'circle of trust' between all those charged.

"The stewards' case will be there was a circle of trust amongst participants, they knew and they knew others did not know," Gleeson said.

Judge Bowman ordered a second directions hearing to take place on March 1.ENDS

The Moody Kavanagh and O'Brien cobalt cases take the prize for the longest and most expensive racing cases in recent memory not even Fine Cotton took this long and VCAT decision on penalty  for presentation charges agin Kavanagh & O'Brien still being mulled over by Garde J.


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-08, 10:49 AM
Refresh my memory.
Who actually is Aquanita
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-08, 10:49 AM
Refresh my memory.
Who actually is Aquanita

Poor man's Godolphin.....
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-21, 08:37 AM
Racenet story on the TCO investigation involving Aquanita trainers and staff compromising text messages about treatment and top ups Liam Birchley gets a mention but surprise that no positives recorded how is it if the horses were treated why didn't they return positives ????

The CM made it a Page One expose.


(https://s17.postimg.org/xckwknbqj/NCCM_1_2018_02_21_thumb_big.jpg) (https://postimg.org/image/xckwknbqj/)
Exposing the sordid, rotten underbelly of sport of kings
LEO SCHLINK
ANALYSIS

FOR the best part of a decade, the identities of the Moth, Big Boss, Goat and Little Mate were a well-kept secret. The man known as MasterChef was also equally obscure.

Sounding like Underbelly extras, these characters and their activities were known only to a select few. But all figure prominently in what has led to potentially “the biggest racing inquiry” in Australian history.

Aquanita Inquiry evidence seen by The Courier-Mail paints a disturbing picture of alleged long-term doping, much of it allegedly carried out on city tracks at major meetings under the noses of integrity officers.

Eight people, including three Group 1-winning trainers, have been charged with 271 counts of breaching multiple racing rules relating to illegal race day treatment.

The charges stretch from 2010-17

– and the investigation is by no means over. Racing Victoria stewards claim the case against the trainers and former Aquanita Racing staff revolves around text messages, which allegedly reveal information about race day treatment.

Stewards believe Robert Smerdon, Stuart Webb, Tony Vasil, Liam Birchley, Trent Penutto, Greg and Denise Nelligan and Danny Garland were part of a sophisticated doping cabal.

Evidence based on text messages appears to show Greg Nelligan, often acting on Smerdon’s instructions, routinely gave horses sodium bicarbonate “top-ups” at various tracks – sometimes minutes before races.

What prompted investigators to target Nelligan on one particular day

is unknown. A tip-off, perhaps. He

was escorted to the stewards’ room, his mobile phone confiscated and the horse scratched.

Nelligan is believed to have claimed he was a lone wolf, but the recovery of thousands of texts, implicating Moth, Big Boss, Goat and Little Mate soon led to more familiar names.

The evidence provided stewards with a historic road map to allegedly doped horses and tainted wins. And some of the biggest names in racing. Birchley says he will plead not guilty when the Racing Appeals Disciplinary Board hears the case on April 30. No one else has entered a plea.


https://www.racenet.com.au/news/has-the-melbourne-cup-been-tainted--explosive-text-messages-reveal-stunning-new-allegations-in-aquan-20180221?utm_campaign=862402&utm_source=SendPulse&utm_medium=push


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: MagiC~* on 2018-Feb-21, 10:48 AM
I have been saying for a long time, doping is systemic in the racing industry and by major players and have had long winded debates with some on this forum who continued to protect and stick up for these big names.

Problem is, too many people with power and influence in my once beloved industry, have vested interest with parties perpetrating these offenses and go about trying to alter public perception with, what they are doing, is either OK, or that they were not a party to it to begin with.

It really saddens me, people can be proactive in protecting these people, when it so clear as to what is going on in this industry.

What will it take to truly clean up this industry ??

It will require a massive cull from  the top down, including those with vested interest being outed for real change to happen  :x:
Title: Doping Scandal Investigation in Victoria
Post by: ianb on 2018-Feb-21, 11:24 AM
Very damning evidence indeed.

Will this  be enough for Mosheen to be disqualified from the race 6 and a half years later.?
Title: Doping Scandal Investigation in Victoria
Post by: arthur on 2018-Feb-21, 11:34 AM
Is there a 'statute of limitations' that applies . .

And I ask that in all seriousness
Title: Doping Scandal Investigation in Victoria
Post by: fours on 2018-Feb-21, 07:56 PM
Hmmmm,

Class actions by other :-

trainers

jockeys

owners

punters

bookmakers

for losses sustained as a result of this criminal behaviour.

Fours

Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-21, 09:34 PM
Messages to others to bet on horses that have been doped?

Has been going on since the first day bookmakers appeared on the scene. The media reports make out that this is all new.

The hard working team of investigators involved deserve some credit.

Rather than a slight on Victorian racing integrity, one could view it as evidence that there are high standards of integrity maintained in Victoria and if you do the wrong thing you will get caught.  :chin:

The media of course will always take the opposite view for a headline.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Feb-21, 09:39 PM


Not surprised by the scale of cheating but the fact that "top ups" could be administered so easily on race day is incredible.

Now at least I can understand why John Sadler was filling Observational up with milkshakes for 3 consecutive days before race day prior to his suspension.
Get him to the races just under the threshold, give him a top up on the day and he is right to go.


Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-22, 01:58 AM
Statement released by head of RVL, Giles Thompson

“Racing Victoria’s primary objective is to protect the integrity of the sport and to enforce the Australian Rules of Racing, ensuring both a level playing field for all and the health and welfare of all horses competing in Victorian thoroughbred races.

“We are committed to the highest levels of integrity to ensure that those in the minority who seek to breach the Rules of Racing and undermine our sport are detected, investigated and ultimately prosecuted.

“We have invested heavily in enhancing our integrity systems in recent years, including more than $8 million in 2017 to significantly boost the capability and resources for our Integrity Department. This has seen an increase in the number of stable inspections and a greater ability to monitor on-course activity.

“It is our enhanced capability that led to the detection of a licensed person allegedly administering, or attempting to administer, a raceday treatment last October. This resulted in an exhaustive investigation over four months that involved the gathering of a considerable amount of evidence.

“From all of the evidence before them, our stewards issued multiple charges against seven Victorian licensees and one visiting Queensland licensee six weeks ago. In accordance with standard legal practice and in the interests of natural justice, the stewards’ brief of evidence was provided to those charged.

“As this case is scheduled to be heard by the independent Racing Appeals and Disciplinary (RAD) Board on 30 April, it would be inappropriate and potentially prejudicial for me to comment on the particulars of this case, including any evidence that may have been obtained and relied upon to issue the charges.

“What I will say is that the stewards do not intend to issue any further charges at this time based on the body of evidence currently before them. Should further evidence come to light that would substantiate the laying of additional charges then the stewards will act upon that.

“While it is never our desire to be on the front page of daily newspapers for integrity or equine welfare-related matters, we won’t shy away from our role in protecting the integrity of the sport and the welfare of our horses to ensure that the vast majority of our hard-working, passionate and committed participants who abide by the Rules of Racing can do so on a level playing field.”
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-22, 02:51 AM
I object to the constant use of the term "integrity" by the head of RVL and some sections of the media.

There is a specific doping episode being investigated - yes a big one - but to me the word "integrity" means something else.

Hands up here anyone who doesn't bet on Melbourne races because they believe the results are contrived by dishonest people (not you Mair).

There is nothing wrong with the "integrity" of Victorian racing.

There is an alleged doping scandal, but the day to day operations conducted by the Victorian race clubs are maintained by the highest standards of administration and codes of conduct. The outcome of this is a good example.

I feel sometimes people empower themselves by latching on to an issue like this and making the problem appear far worse than what it is. Not to mention the irresponsible Australian media and their default behaviour of scandalizing everything to sell copy.

Well done to all those involved in picking this up.
Title: Doping Scandal Investigation in Victoria
Post by: ianb on 2018-Feb-22, 07:32 AM
And anyone would have to be incredibly naive to believe the same is not happening throughout the rest of Australia in some way .

Racing has always had an integrity problem it's just they have been far more successful  in Victoria at finding the problem than in other states recently.

Forty years ago you weren't allowed to race your horse with steroids but there were no tests available to prove that your horse was on them.

So numerous extremely successful trainers used them until the test became available in the 1980s.

Now it's a case of no steroids whatsoever but you can bet your life there are trainers/breeders still using them.

Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-22, 09:06 AM
Messages to others to bet on horses that have been doped?

Has been going on since the first day bookmakers appeared on the scene. The media reports make out that this is all new.

The hard working team of investigators involved deserve some credit.

Rather than a slight on Victorian racing integrity, one could view it as evidence that there are high standards of integrity maintained in Victoria and if you do the wrong thing you will get caught.  :chin:

The media of course will always take the opposite view for a headline.

As disclosed today some insider leaked to the alleged conspirators whether a horse was to be tested or not on raceday.
PP7 how does that sit with your view that "Rather than a slight on Victorian racing integrity, one could view it as evidence that there are high standards of integrity maintained in Victoria and if you do the wrong thing you will get caught" ?
Title: Doping Scandal Investigation in Victoria
Post by: fours on 2018-Feb-22, 09:20 AM
Stewards....,

Are people like everyone else and some fall for temptation.

Remember dog steward getting rid of samples for instance that were 'inconvenient'  to some.

Fours
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-22, 10:57 AM


'Doping' or 'Treatment'

I have trouble with the idea that a 'bicarb treatment' is fairly called 'doping' when nothing showed in the routine swabs.

'Doping' is a word best used for performance enhancing (or depressing) drugs -- and there is no suggestion the under-limit bicarb was masking anything else.

RVL making 'rules' about benign treatments may be their call but milking the milkshake story as a headline integrity concern is a bit rich.

....for my money, and that of many others, the more important doping scandal in Victorian racing is about RVL treating TAB punters as 'dopes' by running races  more likely to be unfair than fairly run.

Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-22, 12:10 PM
As disclosed today some insider leaked to the alleged conspirators whether a horse was to be tested or not on raceday.
PP7 how does that sit with your view that "Rather than a slight on Victorian racing integrity, one could view it as evidence that there are high standards of integrity maintained in Victoria and if you do the wrong thing you will get caught" ?

You didn't answer my question Bubba.

Do you not bet in Melbourne because of the poor integrity of the racing?

We live in an age where politicians think it is OK to f*** the office help (while married), get them up the duff, and then give them a $100k+ job. And the only punishment they will ever receive is a change to the Ministerial Code Of Conduct.

The dopers have gone to great lengths to hide their crimes (if that is found out to be proved) and they have co-opted an insider - no doubt for reward - to give them a hand. The RV Investigators have caught them out.

Tell me which body has more "integrity". The political one or RVL and their racing operations?

The point I'm making is the liberal use of the co-joined terms "integrity" and "Victorian racing" to make RVL look far worse than what they are, which is a body with the highest standards of integrity. The integrity problem is with the dopers, not with Victorian racing.

And this coming from someone who has been one of the harshest critics of RVL all through the "troubled times" with the recently sacked board.
Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-22, 02:29 PM
PP7, I do not know whether you have confused me with P Mair, I do not recall that I was " one of the harshest critics of RVL, all through the troubled times with the recently sacked Board ".I doubt I made any comments......

however on the matter of integrity I agree there is little,if any,integrity in politics. The RV stewards only luckily got access to those historical texts when they apprehended the alleged doper when he carried his mobile in his pocket.If he had not had his phone nobody would be any the wiser on the alleged dopings going back seven years.

More good luck than good management.
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-22, 02:44 PM
PP7, I do not know whether you have confused me with P Mair, I do not recall that I was " one of the harshest critics of RVL, all through the troubled times with the recently sacked Board ".I doubt I made any comments......

however on the matter of integrity I agree there is little,if any,integrity in politics. The RV stewards only luckily got access to those historical texts when they apprehended the alleged doper when he carried his mobile in his pocket.If he had not had his phone nobody would be any the wiser on the alleged dopings going back seven years.

More good luck than good management.
Sorry Bubba but the reference to the harsh critic was to myself.

The reference to our very good friend Mr Peter Mair was made tongue in cheek but raises the question - all those people who were ridiculing him when he was suggesting Victorian racing was "off" - where are they now?

Sent from my SM-G950F using Tapatalk

Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-22, 05:24 PM

 Minister's question and answer

“At some point in the future ... I’m sure Racing Victoria and the integrity department will be asking themselves these questions about why … people were able to allegedly carry on in this way for so long without detection,” [Minister] Pakula said on Melbourne radio RSN.

The answer Minister is that whatever was done in the way of 'treatment', it was not of a magnitude that resulted in positive swabs above the permitted threshold.

..........on the face of it there was no offence  (bar the one contrived by RVL about 'on the day')
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-22, 07:36 PM
RV declines media requests for their brief of evidence to be produced prior to the RAD board hearing...very commendable indeed ..justice must be seen to have been done as the saying goes .....BUT who released the transcripts between the alleged dopers to the media.........hardly likely the dopers did it to themselves/  :o

https://www.justhorseracing.com.au/news/australian-racing/no-rv-release-of-evidence-in-bicarb-case/433065

Racing NSW stewards are on RV's mailing list to receive the brief of evidence according to a statement made by Mark van Gestel on Racing NSW's website.

On the same page Giles Thompson RV CEO is reported as follows:-

" Racing Victoria chief executive Giles Thompson said the text messages had not been leaked by his organisation.  :lol:

"I am 100 per cent confident that this information has not been passed to The Herald Sun by Racing Victoria," Thompson said on Melbourne radio. "The reason why we don't publicise this evidence up front is potentially it would undermine our case."

In cases like this who else would be able to release this other than RV ...it'll be like the David Moody case RV investigates who the original leaker was someone on their staff but never disclosed the outcome ...Thompson must think we're as stupid as hisself. :chair:


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-22, 08:35 PM

Releasing the evidence now could save a lot of money

........................ there is nothing RVL likes more than a 'shaggy dog story' -- going on and on in a format that panders to the inclination of RVL to praise itself for a 'determination' to pursue integrity.

Telling all what happened, and the consequences, may be so damning to the reputations of those 'charged' as to make the case such a lay down misere that they walk away from the industry. The lawyers would be very cross!

On this occasion the chasing dog has very short legs -- no one tumbled to the 'treatment' over many years.

Conversely, a properly convened judicial  inquiry into the conduct of racing in Melboune over recent years would very likely find that 'administrative discretion' allowing inflated fields was contrary to the interests of racing integrity -- and, like the connections now pursued, was a policy driven by the prospect of making more money by virtue of promoting unfair racing.

RVL is on the mat.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-22, 09:26 PM
http://www.couriermail.com.au/sport/superracing/victorian-racing-doping-probe-widens-across-state-borders/news-story/ae890af547878294ca7137c7a6261bd1

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-23, 01:49 AM
First sentence of Brendan Cormack's piece in the Oz today:

"It has been described as - potentially - the biggest scandal to hit racing. If you can get on, bet on that".

Highlights what I am saying about the media.

Just a few months ago Cobalt was the biggest scandal to hit racing.

Before that it was Fine Cotton.

When I first started going to the races in around 1978, I was provided with information that George Freeman had rigged two races (along who would win the races). The Chief Steward at the time was in on it. Freeman rigged far more than two races as we all know now and had a hand in the Fine Cotton scandal when he sent his boys out to shout "rig in" when the horse returned to scale - having backed the eventual winner.

How on earth is this even remotely like the "biggest scandal to hit racing".

Anyone remember the "Jockey Tapes" scandal?

http://www.smh.com.au/sport/horseracing/the-wrong-side-of-the-track-20121107-28yi1.html

Nikolic and co?

Darren Beadman and Chris Munce and Hong Kong?

Les Samba? George Brown?

Bill Waterhouse.

Rex Jackson was the Prison's Minister in the NSW government and he was getting paid bribes in cash to let prisoners to get out of jail early and was putting the cash into his boot in the car park at Randwick.

Big Philou? Phar Lap being shot at?

The racecaller (whose name escapes me) who was in on the delayed broadcast scandal.

Don't get me wrong. It is an interesting story and deserves reporting.

But spare me the bullshit that it is the biggest scandal ever in racing, and that there are endemic integrity problems with Victorian racing...please.
Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-23, 08:11 AM
PP7, was Fine Cotton a rig ? Do you mean George Freeman sent in his boys to yell  "ring in " rather than "rig In " ?

A rig is of course a horse with only one testicle.
Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-Feb-23, 08:15 AM
PP7 You seem to get angry and high and mighty about all the wrong things.

In 25 years time this particular issue will be on that list.

I do not believe the racing industry is capable ( nor do they want to ) of investigating this properly.

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-23, 10:51 AM
The stakeholders are calling for "the cheats" to be rubbed out for life" Gai Waterhouse is the most well known Michelle Payne another quoted as expressing the same outrage Mick Price almost said as much .....Lloyd Williams is another.....and this is all before those charged have been given their rights and opportunity  to defend the charges...clearly the text messages are damning evidence ......but the only caught in the act case is Lovani ...the others are years old and with no positives to show...it's possible many will walk although at great personal expense with legal costs and possible owner defections....  QRIC comments on Birchley IMO is the correct approach....wait and see what NSW does if any of those charged enter in NSW.

From what we are told so far the drips are given within a time frame that won't show up in the pre race testing so the solution appears to be a second test after the horses are in or being led to the parade ring that'll require some extra cost and possible inconvenience but it must be exercising the minds of those charged with keeping the game clean......swabbing after the race apparently isn't the answer......urine doesn't show TCO's only the bloods.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-23, 11:01 AM
If I read correctly the dodgy trainer in question had 2 runners in the 2015 cup.

That narrows it down to

David Hayes & Tom Dabernig
Yoshitada Munakata
Aidan O’Brien
Ed Dunlop

Have I missed anyone?
Title: Doping Scandal Investigation in Victoria
Post by: specialweek2 on 2018-Feb-23, 11:36 AM
If I read correctly the dodgy trainer in question had 2 runners in the 2015 cup.

That narrows it down to

David Hayes & Tom Dabernig
Yoshitada Munakata
Aidan O’Brien
Ed Dunlop

Have I missed anyone?
Munakata only had one. Fame Game.

Waterhouse had 2.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Feb-23, 11:46 AM
PP7 I think it could well be the biggest scandal or certainly has the potential to become it.....a tainted Mel cup in the eyes of the press will ensure it.

I must say I'm a bit disappointed in Mick Price's "99.something % are clean.".....surely just say most trainers and you sound a lot more credible.

Go through Vic's  leading trainers and you can see many have been busted for bi-carb offences in the past.
Throw in the cobalt men and the EPO user there is a lot more than 0.1%
Then look at who may have learned a lot of their craft with Aquanita trainers.

I believe the top up is in a paste form and administered by a plunger.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Feb-23, 12:00 PM
If I read correctly the dodgy trainer in question had 2 runners in the 2015 cup.

That narrows it down to

David Hayes & Tom Dabernig
Yoshitada Munakata
Aidan O’Brien
Ed Dunlop

Have I missed anyone?
Wily some over at TB village seem to have worked it out.

Sad if the gallant Red Cadeaux is tainted.
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-23, 01:26 PM
PP7, was Fine Cotton a rig ? Do you mean George Freeman sent in his boys to yell  "ring in " rather than "rig In " ?

A rig is of course a horse with only one testicle.

  :lol:

What was that controversy at a State Of Origin Game when someone held up a sign saying the Gordon Tallis' mum was a rig - but the sign didn't read that - it was actually something else.
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-23, 01:45 PM
PP7 You seem to get angry and high and mighty about all the wrong things.

In 25 years time this particular issue will be on that list.

I do not believe the racing industry is capable ( nor do they want to ) of investigating this properly.

Do I? Angry and high and mighty? I've seen some of your flashes of anger on the footy threads and the TAB threads and don't think I can match that  :lol:

I do not agree with you when you say:

I do not believe the racing industry is capable ( nor do they want to ) of investigating this properly.

and it demonstrates you are not getting the point I am trying to make.

That is that Racing Victoria has done the right thing. As soon as it has been discovered they have gone public and strongly urged the parties in question to stand aside (at least partially) until everyone has their day in court.

What else could they have done? The only other option open to RV would have been to sweep it under the carpet - then I'd say you have an integrity problem.

When people speak of "the integrity of Victorian racing", I interpret that as meaning they have a problem with the integrity of the administrative body Racing Victoria and the race clubs, not to mention all participants in the industry in Victoria.

Why should the actions of a few people cast aspersions on the entire Victorian Racing Industry, as the media are quite clearly doing now. It is the "angle" of the media in constantly referencing the words "integrity" and "Victorian racing" that I object to.

I remind you that I seemed to be a lone voice in defending Peter Moody when the media was intent on classifying his "crime" as the equal of that of Kavanaghs, vets, etc. in the Cobalt scandal. He had one single horse out the 130 he trained return a marginal result. And how did that end up after all the media overstatement? He was only charged with "presenting a horse" but left the industry upset quite clearly stating that he felt he was hard done by the media. That level of media sensationalism seems to be present here, complete with exaggerations like "there is a problem with the integrity of Victorian racing".

I did ask a question that I noticed no-one has bothered to answer:

Has anyone stopped betting on the Melbourne races because they think the racing there has a lack of integrity?

Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-23, 01:51 PM
PP7 I think it could well be the biggest scandal or certainly has the potential to become it.....a tainted Mel cup in the eyes of the press will ensure it.


I agree that it is a very important story and needs to be reported in full.

But the "biggest" scandal ever as Cormack stated? I don't think so. Doping has been going on for our lifetimes and beyond. And probably on a large scale. It is just that they are better at detecting it these days.

What about when they tried to shoot Phar Lap? Imaging someone shooting Winx or Black Caviar!!!

And what about the racecaller was privvy to them cutting the wires for the interstate broadcast while someone got a bet on and then called a phantom race!

Now that's scandal.
Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-Feb-23, 01:54 PM
There is absolutely no media sensationalism in this so far.

If anything the racing media as usual are down playing it.

Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-Feb-23, 02:00 PM
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-23, 02:02 PM
There is absolutely no media sensationalism in this so far.

If anything the racing media as usual are down playing it.

Ya reckon  :/

Fears owners will abandon Victoria

https://www.racing.com/news/2018-02-22/fears-owners-will-abandon-victoria

Racing Victoria doping scandal spreads interstate

Secret texts expose extent of horse racing doping scandal including 2015 Melbourne Cup

Explosive text messages fuel racing's doping scandal
Title: Doping Scandal Investigation in Victoria
Post by: HarmersHaven on 2018-Feb-23, 02:21 PM
Then look at who may have learned a lot of their craft with Aquanita trainers.

Surprised more haven't picked up on this one.

Pretty sure Lloyd's new guy was Smerdon's 2IC around the Mosheen era.
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-23, 03:29 PM


'The Cup', over-filled with unknown hit-and-run raiders,  is tainted by much worse than a couple of under the limit bi-carb treatments.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-23, 07:02 PM
Another insight into Mairs thought processes. He supports drug cheats and rule breakers  :tin:
Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-23, 08:47 PM
First sentence of Brendan Cormack's piece in the Oz today:

"It has been described as - potentially - the biggest scandal to hit racing. If you can get on, bet on that".

Highlights what I am saying about the media.

Just a few months ago Cobalt was the biggest scandal to hit racing.

Before that it was Fine Cotton.

When I first started going to the races in around 1978, I was provided with information that George Freeman had rigged two races (along who would win the races). The Chief Steward at the time was in on it. Freeman rigged far more than two races as we all know now and had a hand in the Fine Cotton scandal when he sent his boys out to shout "rig in" when the horse returned to scale - having backed the eventual winner.

How on earth is this even remotely like the "biggest scandal to hit racing".

Anyone remember the "Jockey Tapes" scandal?

http://www.smh.com.au/sport/horseracing/the-wrong-side-of-the-track-20121107-28yi1.html

Nikolic and co?

Darren Beadman and Chris Munce and Hong Kong?

Les Samba? George Brown?

Bill Waterhouse.

Rex Jackson was the Prison's Minister in the NSW government and he was getting paid bribes in cash to let prisoners to get out of jail early and was putting the cash into his boot in the car park at Randwick.

Big Philou? Phar Lap being shot at?

The racecaller (whose name escapes me) who was in on the delayed broadcast scandal.

Don't get me wrong. It is an interesting story and deserves reporting.

But spare me the bullshit that it is the biggest scandal ever in racing, and that there are endemic integrity problems with Victorian racing...please.

Wrong , the article in the oz said it was the biggest DOPING scandal in racing history NOT the biggest racing scandal
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-23, 08:54 PM

................... rule breakers, certainly, should be censured but not treatment objectors necessarily, including Martin Luther King, Martin Luther, Abraham Lincoln and Jesus the wonder boy, among many others.

Some silly rules are made to be broken -- trainers and their vets look after their horses,  giving treatments consistent with that while not breaching permitted CO2 thresholds.

.......... the problem may be an RVL  rule precluding good husbandry as distinct from 'cheating'........ these 'offenders' will get off.



Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-23, 08:59 PM


.................. any scandal here is about the timing of sensible and legitimate treatment................ it is not about 'doping',  an activity confined to RVL treatment of TAB punters.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-23, 08:59 PM
https://rv.racing.com/news/2018-02-23/a-letter-to-the-industry-from-chairman-brian-kruger

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-23, 09:10 PM
Wrong , the article in the oz said it was the biggest DOPING scandal in racing history NOT the biggest racing scandal

WRONG.

The words quoted are verbatim

"It has been described as - potentially - the biggest scandal to hit racing. If you can get on, bet on that".
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-23, 09:21 PM

......................take no notice of this contrivance of an 'external threat' to racing in Victoria.

It is a common tactic, for dictators under threat, to contrive ideas of 'external threats' to legitimise their claims to authority.

In this case any such 'threat' is internal and associated with respected industry participants -- possibly people doing a job sensibly even if it transgresses RVL's discretionary rules confusing 'proper treatment' with illegal 'doping'.

It is about time for RVL to be made accountable for 'rules' without substance.

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-24, 07:09 AM
You support the grubby activities of Oliver, Danny N, and all the drug cheats
You really are self centred low life
Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-24, 09:08 AM
WRONG.

The words quoted are verbatim

"It has been described as - potentially - the biggest scandal to hit racing. If you can get on, bet on that".

Not in my the Melbourne edition of the Oz
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-24, 10:22 AM
Not in my the Melbourne edition of the Oz

(https://s10.postimg.org/s007egkth/bren.png) (https://postimg.org/image/s007egkth/)
Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-Feb-24, 11:19 AM
Manny Gelagotis denies he’s the mysterious ‘Goatherder’


The identity of racing’s most notorious shepherd remains in dispute after Manny Gelagotis denied he is the shadowy figure referred to as “The Goatherder’’ in a series of text messages central to the Aquanita doping scandal.

Gelagotis, the business manager of his brother Peter’s Newborough training operation near the Victorian town of Moe, said his stables were not implicated in the doping conspiracy, which stewards allege involves the illicit race-day treatment of horses in four states over seven years.

Gelagotis confirmed to The Weekend Australian that his brother appeared before a steward’s inquiry last November and answered questions about their relationship with Aquanita trainers and staff members accused of systematically breaking racing rules.

During the questioning, Peter Gelagotis was pushed on his and Manny’s relationship with Greg Nelligan, a stablehand to trainer Robert Smerdon, and in particular a sequence of text messages obtained from Nelligan’s phone which refer to The Goatherder.

The doping case against five Caulfield-based trainers and three staff members currently before the Racing and Appeals Disciplinary Board is based largely on text messages retrieved from Nelligan’s phone after steward’s began investigating the race-day treatment of Lovani, trained at the time by Smerdon.

Gelagotis said although he was a friend of Nelligan and knew Smerdon and the other trainers facing potentially career-ending charges, he was not the mysterious figure referred to in the messages.

“It is disappointing to be tangled up in the inquiry but we have been very upfront and got asked questions and answered them to the satisfaction of the stewards,’’ he said. “I am not The Goatherder. I am certain.’’

The Weekend Australian has established that a 2011 exchange of texts between Nelligan and The Goatherder took place on June 18, when Nelligan and Gelagotis were both at the Morphettville racetrack in Adelaide.

A horse principally owned by Gelagotis, Module, was the short-priced favourite in the day’s fourth race. According to information from the Racing Victoria brief of evidence obtained by the Herald Sun, the following exchange of texts took place about 24 minutes before the start of the race.

Nelligan: 120 by 60 fine.

Goatherder: Done brother.

Stewards suspect this refers to an illicit sodium bicarbonate treatment. Manny Gelagotis yesterday denied knowledge of any illicit treatment given to Module or any of his horses. He has not been charged.

“I’m confident that the horse was totally untouched and ran on its merits and won accordingly,’’ Gelagotis said. The horse went on to win its next two starts at Flemington. It retired in 2013 with eight wins from 13 starts.

Gelagotis said he did not recognise the text exchange but said it could have referred to a bet, rather than the treatment of a horse. “My understanding about that is the bloke’s a desperate punter. It could mean a lot of things.’’

He said that over the past 48 hours, he had examined his records and contacted stewards to determine whether Module of any of his horses might have been compromised by the doping scandal. He is convinced that Module won the race clean.

“I am trying to track back to see what horse it was and what day it was because our name has been mentioned,’’ Gelagotis said. “The stable has done its due diligence and thorough investigation and so has RVL and both parties have come to the same conclusion. Our horses run on their merits. There is not a problem, end of story. Nelligan has never attended to our horses at any stage.’’

Thoroughbred Racing South Australia chief executive Jim Watters has asked to see any evidence held by Racing Victoria suggesting that races in his state might have been corrupted.

It is understood that dozens of trainers have been interviewed by Racing Victoria stewards as part of a four-month investigation into doping allegations centred on the Aquanita operations at Caulfield. The charges principally relate to the illicit administration of sodium bicarbonate, a substance used to reduce the build-up of lactic acid in horses.

The case returns before the RAD Board for a further directions hearing on Thursday and is listed for hearing on April 30.


https://www.theaustralian.com.au/sport/turf-thoroughbreds/manny-gelagotis-denies-hes-the-mysterious-goatherder/news-story/15618ead1f90a47cf033e3f1573d5199
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-24, 12:38 PM
Surely 120x60 is a bet
Title: Doping Scandal Investigation in Victoria
Post by: MagiC~* on 2018-Feb-24, 03:42 PM
A top up is 120 grams of bicarb.

They used to be called x and o drenches.

You would give the x drench on Thursday and the o drench race morning.

I did thousands of them for a leading Australian trainer.

The plunger would be the same principle.

Sent from my SM-N9005 using Tapatalk

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-24, 04:16 PM
 :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-25, 11:53 AM
(https://s10.postimg.org/s007egkth/bren.png) (https://postimg.org/image/s007egkth/)

PP7, I do not know what day last week that article was written but in Friday's edition of the OZ  Brendan Cormick closing words of his first paragraph were " .before authorities began investigating the biggest DOPING scandal to hit Australian racing,"
If your screen shot is of Thursday's edition of the OZ, could it be that Brendan Cormack has had second thoughts overnight about the biggest SCANDAL to hit Australian racing and now believes it is the biggest DOPING scandal ?
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-25, 01:31 PM


........................ it may be a treatment timing matter but it is not a 'doping' scandal


.
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Feb-25, 02:19 PM
PP7, I do not know what day last week that article was written but in Friday's edition of the OZ  Brendan Cormick closing words of his first paragraph were " .before authorities began investigating the biggest DOPING scandal to hit Australian racing,"
If your screen shot is of Thursday's edition of the OZ, could it be that Brendan Cormack has had second thoughts overnight about the biggest SCANDAL to hit Australian racing and now believes it is the biggest DOPING scandal ?

Interesting  :chin:

It would be the sub-editor, not Brendan that would decide the final outcome I would think.

Mine is Thursday's. Maybe my message about it not being the biggest scandal got through - well I'd like to imagine that anyway   :lol:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Feb-25, 03:42 PM

........................ it may be a treatment timing matter but it is not a 'doping' scandal
.

What does bi carb treat?
Title: Doping Scandal Investigation in Victoria
Post by: JWesleyHarding on 2018-Feb-25, 05:00 PM
Indigestion?

Title: Doping Scandal Investigation in Victoria
Post by: Bubbasmith on 2018-Feb-25, 05:37 PM
What does bi carb treat?
Kills weeds in your garden, gets rid of smells in your trainers, used in baking and has many household uses
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-25, 08:47 PM


This is a contrived beat up

.......... any athlete sensibly prepares for the challenge .......... e.g.  mineral precautions that reduce the risk of cramping,  asthmatic puffers, carbo loading  etc.

Within the limits, this is 'precautionary treatment' not 'doping' --  it will be RVL being asked to explain why 'bicarb' within the limits is any different to breakfast and a drink.

...... bureaucrats 'declaring' silly rules does not over-rule common sense and wise husbandry
.
Title: Doping Scandal Investigation in Victoria
Post by: gunbower on 2018-Feb-25, 10:35 PM
Total drongo. Seriously believes the only milk shakes you can have must  be caramel , vanilla , chocolate or strawberry.
Title: Doping Scandal Investigation in Victoria
Post by: napes on 2018-Feb-26, 01:41 PM

This is a contrived beat up

.......... any athlete sensibly prepares for the challenge .......... e.g.  mineral precautions that reduce the risk of cramping,  asthmatic puffers, carbo loading  etc.

Within the limits, this is 'precautionary treatment' not 'doping' --  it will be RVL being asked to explain why 'bicarb' within the limits is any different to breakfast and a drink.

...... bureaucrats 'declaring' silly rules does not over-rule common sense and wise husbandry
.


Just when I think I have heard it all, you manage to come up with some more nonsense.

Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Feb-26, 05:30 PM

This is a contrived beat up

.......... any athlete sensibly prepares for the challenge .......... e.g.  mineral precautions that reduce the risk of cramping,  asthmatic puffers, carbo loading  etc.

Within the limits, this is 'precautionary treatment' not 'doping' --  it will be RVL being asked to explain why 'bicarb' within the limits is any different to breakfast and a drink.

...... bureaucrats 'declaring' silly rules does not over-rule common sense and wise husbandry
.
Peter jump over to Racing.com and the vet will explain it to you.......treatment it isn't.

Since I been here you have given us unfair 1400 m races where the favs generally win.

A bit of a  bring back Danny campaign and now bicarb is only wise husbandry.

I'll need to see a bit more if you want my vote as a punters advocate.


Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-26, 06:07 PM
NSW stewards have issued a show cause notice to liam Birchley after receiving the brief of evidence from RV ...Birchley intends to respond...where does this leave QRIC?    standing by their original decision which on the face of it was the correct position to take .......he is entitled to the presumtion of innocence.....have to wait and see if this changes anything.

http://www.couriermail.com.au/sport/superracing/racing-nsw-issues-trainer-liam-birchley-with-show-cause-notice-as-aquanita-doping-scandal-widens/news-story/00200e0f8e0fd8663676453b35048d74

Racing NSW issues trainer Liam Birchley with show cause notice as Aquanita doping scandal widens
LEO SCHLINK, Herald Sun
an hour ago

QUEENSLAND trainer Liam Birchley has been served with a show cause notice by New South Wales racing authorities as the Aquanita doping scandal continues to widen.

Birchley, who faces three counts laid by Racing Victoria of breaching racing’s rules, now faces the prospect of being barred from nominating horses in NSW.

Birchley has already agreed not to enter horses in Victoria until the investigation is completed as part of an arrangement with RV.

REVEALED: TRAINERS’ TEXT MESSAGES EXPOSED
DOPING SAGA: PROBE WIDENS ACROSS BORDERS
RACING SCANDAL: WHO IS ROBERT SMERDON?

The Racing NSW notice came after Sydney stewards were provided with a brief of evidence by RV.

“Having regard to the brief of evidence and the responsibility of Racing NSW to protect the image, interests and integrity of racing, Racing NSW Stewards have required Mr Birchley to show cause as to why the provisions of AR50 should not be invoked against him in respect of declining to receive or reject the nominations of horses trained by Mr Birchley for races in New South Wales,” RNSW said in a statement.


Birchley has indicated he will respond to the notice, with stewards to rule on the charge after a review.

Birchley is among eight people, including fellow Group 1 winning trainers Robert Smerdon and Tony Vasil, charged with 271 counts of breaching racing’s rules.
Five others — Liam Birchley, Trent Pennuto, Greg Nelligan, Denise Nelligan and Danny Garland — have also been charged with engaging in “a practice that was dishonest, corrupt or fraudulent, improper or dishonourable” in that they were “party to the administration of alkalinising agents and/or medications to a horse or horses on a race day.”
 Birchley is among eight people charged by Racing Victoria.

The Herald Sun has uncovered texts which show the alleged offending could have involved the 2015 Melbourne Cup.

Information obtained also raises suggestions RV’s integrity protocols were compromised by rogue insiders armed with tip-offs acting in concert with some of the accused.
Other material shows all four of Melbourne’s metropolitan tracks — Flemington, Moonee Valley, Caulfield and Sandown — along with 20 others around the State were likely venues for the rorting.

A directions hearing at the Racing Appeals and Disciplinary Board will be held on Thursday morning.

The case is not due to heard until April 30 — the Monday before the famous Warrnambool carnival starts.

Originally published as Accused trainer issued with show cause notice ENDS


Giddy Up :beer:

 
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-26, 06:44 PM

The milkshakes rule is relatively new -- and under the limit means just that

I was at the Valley of Tears in the early 90s when a famous horse was pre tested and allowed to start despite a bicarb overload.

There was discretion -- now precluding 'on race day' but that is questionable.

Limits were brought in -- and horses are cleared if under the limit.

The risk of 'masking' something more sinister has not been raised in this current matter.

Title: Doping Scandal Investigation in Victoria
Post by: deepthroat on 2018-Feb-26, 06:59 PM
My thoughts exactly.... alkalising or acidifying can easily affect excretion of many PED’s- it’s all chemistry after all
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-26, 09:38 PM


....... not sure what may be in the deep throat

                   .................... but no masking is alleged in the current matter?
Title: Doping Scandal Investigation in Victoria
Post by: JayDee on 2018-Feb-27, 07:50 AM
The leaking of the text messages to the press as well as the long lead time to the official hearing leads me to suspect that Terry Bailey is looking for some hard evidence to substantiate what is contained in the text messages. The sensational headlines created by the leak seems a strategy to try and get someone somewhere to spill the beans. Some say they already have that person but then why the leak? I'm curious!
Title: Doping Scandal Investigation in Victoria
Post by: deepthroat on 2018-Feb-27, 08:34 AM
It not RV- it’s within Aquanita.. they have nothing to lose leaking texts and everything to gain by exposing RV being implicated in tip offs
Title: Doping Scandal Investigation in Victoria
Post by: napes on 2018-Feb-27, 03:09 PM
The milkshakes rule is relatively new -- and under the limit means just that

I was at the Valley of Tears in the early 90s when a famous horse was pre tested and allowed to start despite a bicarb overload.

There was discretion -- now precluding 'on race day' but that is questionable.

Limits were brought in -- and horses are cleared if under the limit.

The risk of 'masking' something more sinister has not been raised in this current matter.

You continue to show your total lack of knowledge but it doesn't stop you dribbling your ridiculous opinions.

The charges are related to race day treatment and have nothing to do with limits. The horses can not be treated from midnight Thursday for a horse racing on Saturday.

They are not looking after the animals, they are cheating!

You dribble about how hard it is to find a winner. This is one of the reasons for inconsistent form. They don't always get the "top up".
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Feb-27, 08:49 PM

What a cock up

..............imagine if the RVL 'rule' about bicarb, 'on the day', but under the limit, is not a legally sound one.

RV chief executive Giles Thompson has accepted Tuesday’s judgement noting RV would review the judgement to ultimately determine whether the outcome meets community expectations.

“We accept VCAT’s ruling that the trainers breached the rules set down to ensure a level playing field. Trainers are ultimately responsible for the care of their horses and ensuring they’re presented to race free of prohibited substances,” Mr Thompson said.

“We will review today’s judgement, taking advice from our Integrity Council, and consider whether the rule and penalty framework is consistent with the expectations of the wider industry and the community when rules are broken and horses compete with a prohibited substance in their system."

The trainers are now set to pursue the Flemington Equine Centre for more than $10m in damages and are reserving the right to make a similar claim against Racing Victoria.


.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Feb-28, 08:51 AM
http://www.couriermail.com.au/sport/superracing/chairman-brian-kruger-says-racing-victoria-may-accept-negotiated-penalties-in-aquanita-doping-case/news-story/07b77fba36d5de442440024b78b370f8

Chairman Brian Kruger says Racing Victoria may accept negotiated penalties in Aquanita doping case
Leo Schlink, Chief racing reporter, Herald Sun
February 27, 2018 7:05pm
 
RACING Victoria will consider negotiating penalties with the eight accused in the Aquanita Racing inquiry to avoid a repeat of the infamously protracted cobalt saga.

RV chairman Brian Kruger confirmed dealings between RV and five trainers and three stable employees facing 271 counts of breaching racing rules had started — but had stalled.

The Herald Sun understands Group 1-winning trainers Robert Smerdon, Stuart Webb and Tony Vasil have been told that if found guilty they face bans of five to 10 years.

DOPING PROBE WIDENS ACROSS STATE BORDERS
TEXT MESSAGES SHOW ACCUSED TRAINER’S GROWING AUDACITY

It is believed penalty discussions included consideration for early guilty pleas.

The discussions had started before the release of potentially incriminating text messages in the Herald Sun, which painted a disturbing picture of race-day treatment.
 Robert Smerdon is among five trainers charged in the Aquanita case.


Smerdon, Webb, Tony Vasil, Liam Birchley, Trent Pennuto, Greg Nelligan, Denise Nelligan and Danny Garland have all been charged with engaging in “a practice that was dishonest, corrupt or fraudulent, improper or dishonourable” in that they were “party to the administration of alkalinising agents and/or medications to a horse or horses on a race day.”

Kruger said RV would continue discussions with the charged parties before Thursday’s second directions hearing at the Racing Appeals and Disciplinary Board.

“Look, there’s been some early discussions about a possibility of that happening,” Kruger said on RSN927, confirming the potential of cutting an early deal.

“They certainly haven’t progressed very far.

 Racing Victoria chairman Brian Kruger.

“We’ve had a lot of criticism in the past about how long some of these issues drag on and the cobalt issue is a classic example where it dragged on for a very, very long time.
“It’s about getting the balance right between not spending a lot of industry time, effort, resources on prosecuting a case if we can the outcome that we think that is appropriate.”

# MELBOURNE Racing Club has rejected successful owner Terry Henderson’s claim Caulfield was one of racing’s “pockets of poor cultures”.

Responding to Henderson’s call for MRC chairman Mike Symons, also an Aquanita Racing (now rebranded to Neerim Lodge) board director, to stand down until 271 counts of racing rules breaches are heard by Racing Victoria, the MRC said Symons had been “transparent with members”.

“These comments completely disrespect the constant hard work by staff, trainers and the MRC committee to ensure fair play in the racing industry,” the club said in a statement.

“Mr Symons has been transparent with members ... as this issue has played out.”

Originally published as RV may cut early deals in Aquanita caseENDS

Symons talking tough to seek legal advice about Henderson's comments ....he should save his money ..there's nothing there.

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Mar-01, 01:02 AM
Mr. Kruger should be applauded for being the first one in a long time in RVL to show any common sense.

In "The Age Of Information", managers of all sorts (not just horse racing) have become averse to any risk whatsoever.

Their decision making is beholden to the media, and worries about how it will be reported.

Subsequently, to avoid risk, they will shift that risk over to the company lawyers who will do what they do and next thing you know you are in court for two years.

A strong leader will take ownership of a problem and get it sorted.

Negotiation between RVL and the affected parties to come to a quick settled solution is the best option for the racing industry participants - both the trainers and the industry body.

It is not the best option for those who are not natively racing industry participants, like lawyers who make money out of charging clients and the media who make money out of exaggeration.

Brian Kruger will no doubt cop some flak in the media but I hope he stands his ground.

RVL needs a strong leader after years of bad decisions made in the best interest of parties who are not the industry participants in the sport in Victoria.   emthup
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Mar-01, 08:05 PM
This is what transpired today at the RAD board directions hearing.........Nelligan and his missus opted for a "No contest" plea apparently they're prepared to fessing up....... they don't want to appear at the hearing which is set down for 30th April...but Judge Bowman didn't accept that as a legitimate plea it's OK in the USA so he entered a not guilty plea for them....principal participant Robert Smerdon has reserved his plea ......probably realises he's gone or wants to see what bones RV might offer.

Smerdon reserves plea
Andrew Eddy@fastisheddy   12:25pm

Trainer Robert Smerdon has reserved his plea against 115 charges in the Aquanita inquiry while the other seven people charged have pleaded not guilty at Thursday's second directions hearing before the Racing Appeals and Disciplinary Board.

The Board confirmed an April 30 start date for the hearing in the explosive inquiry, despite calls for adjournments from an army of legal representatives.

Board chairman Judge John Bowman began the second directions hearing into 271 charges against eight people with links to the former Aquanita Racing by expressing his disappointment that Racing Victoria stewards had not provided a summary of evidence to defence barristers in the allotted time.

This failure resulted in multiple calls for an adjournment to the proceedings but while Judge Bowman said the provided material was a 'half-smart approach' and was 'effectively useless' he said that despite the lateness of the material, the Board was determined to get the inquiry underway on April 30.

The Board heard from Smerdon's barrister Tim McHenry that the trainer wished to reserve his plea against 115 charges but he said trainer Stuart Webb, who faces three charges and stable hand Danny Garland, who faces two charges, pleaded not guilty.

Geoff Croxford, representing trainer Trent Pennuto, said his client wished to plead not guilty to four charges while Tony Vasil's representative Patrick Wheelahan said his client wished to plead not guilty to three charges.

Queensland trainer Liam Birchley had already pleaded not guilty to three charges.

Paul O'Sullivan, who is representing float driver Greg Nelligan (123 charges) and his wife Denise (13 charges), said his clients wanted to plead 'no contest' but were assured by Judge Bowman that such a plea only applies in the US and not in the state of Victoria.

Judge Bowman said that the Board and RV stewards would have to interpret their pleas as not guilty pleas.

O'Sullivan confirmed the Nelligans would not take part in the upcoming proceedings but Judge Bowman said stewards had in their power, under AR8(z), to serve the pair with a show cause as to what roles they are permitted to take in the industry after early agreeing to 'stand down'.

It was noted by Judge Bowman that it appeared Greg Nelligan had been 'moonlighting' as trainers outside Aquanita were also referred to in text messages.

Judge Bowman also ruled that the leaked evidence to a Melbourne newspaper provided 'no grounds for an argument that a fair hearing could be compromised' as he said the hearing was not a jury trial and that the Board had the exact same evidence since January.

"We know all the material that has been run in the press," he said.

Judge Bowman said the Board had no intention of inquiring how the evidence was leaked and said it would not be 'distracted or deterred'.

A submission came from Vasil's legal representative Wheelahan for the charges against his client to be heard separately but Judge Bowman ruled that charges against all eight people would be heard together.


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Mar-01, 10:06 PM
RV issues show-causes to Nelligans
Racing Article racing.com Staff@Racing   5:59pm
, (
Greg and Denise Nelligan, two figures involved in the ongoing Aquanita inquiry, have been issued show-cause notices as Racing Victoria seeks their submissions on why their standing down should not restrict them in terms of their racing activities.

"Mr and Mrs Nelligan were stood down by the Stewards from their duties as stablehands following charges issued by RV Stewards on 9 January 2018, pending the hearing and determination of the charges against them," the Racing Victoria statement read.

"The charges against each of them include alleged breaches of the Australian Rules of Racing as part of the Aquanita Case.

"Mr and Mrs Nelligan, through their legal representative, today advised the Racing Appeals and Disciplinary (RAD) Board at its directions hearing that they would not be participating in the Board’s hearing of the charges laid against them, including not contesting (but not admitting) the charges.

"AR182 allows for a variety of conditions to be imposed on a disqualified person including, but not limited to, a ban on entering racecourses and training premises, and receiving any direct or indirect financial or other benefit derived from thoroughbred racing and/or breeding in Australia.

"The Stewards are considering whether to temporarily impose conditions of this nature on Mr and Mrs Nelligan pending the hearing and determination of the charges against them."

Greg and Denise Nelligan have been requested to attend a show-cause hearing on Monday at 2pm.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Jeunes on 2018-Mar-02, 07:41 PM
Anyone know why Victoria seem to have the most cases of alleged doping offences?

Are their stewards more effective than other states?

I honestly think when I watch the Qld races, stewards need to be more vigilant on the quality of rides especially in the weaker meetings?
Title: Doping Scandal Investigation in Victoria
Post by: arthur on 2018-Mar-02, 09:28 PM
How many stewards these days, as against earlier on, have come from the ranks of ex-hoops / ex-trainers i.e. people who actually know what they are supposed to be looking at  = policing . .


My guess is that the better ones get to officiate at the 'better = metro' meetings and gradually move to the highest prizemoney states

While the others(?) get to field at the "weaker Qld meetings"

Probably a case of incompetence rather than lack of 'vigilance'



Mind you, whatever the reason . . it is all part of the 'integrity' package
Title: Doping Scandal Investigation in Victoria
Post by: gunbower on 2018-Mar-02, 10:57 PM
Arthur you make some good points. As I see it Today most of our Stewards are caught between a rock and a  hard place. No matter what talent they have they are answerable to these so called "Heads of Integrity ". In Queensland's case they have a trump who before he got the job was just an ambitious copper who really probably would need direction as to which end he shoved the feed in . Prior to him they had an ex Australian Securities Officer whose major claim to fame was organizing himself a redundancy package with a few other low lifes before a foreseen inevitable change of government had him looking for other pastures. The point is the Stewards are not in control. I am sure there are plenty of very capable Stewards whose roles Today are being tethered by these Government appointed bureaucrats. These highly paid chiefs of Integrity owe their positions and even more importantly their inflated salaries to the Government of the day. That is who they answer to . They are not going to upset that cosy little apple cart allowing some mindless Stewards who actually might have some experience and concerns with the conduct of Racing. Governments as that goose Hinchcliffe has confirmed this week don't want to hear bad stories about Racing.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Mar-06, 09:27 AM
Ban on Nelligans after no-show

Andrew Eddy@fastisheddy   5 March, 2018

The sensational Aquanita inquiry took another dramatic turn on Monday when float driver Greg Nelligan and his wife Denise failed to appear at a show-cause hearing, thereby triggering a ban on their racing activities.

Racing Victoria stewards immediately invoked the powers under Australian Racing Rule (AR) 182, which sees the Nelligans warned-off racetracks and training premises and barred from making any financial benefit from thoroughbred racing or breeding in Victoria.

Nelligan faces 123 charges and his wife 13 charges relating to alleged race day treatment of numerous Aquanita horses over several years.

Their legal representative Paul O’Sullivan indicated at a direction hearing at Racing Victoria last week that the pair would not contest (but not admitting) the charges and would take no part in the proceedings.

A Racing Victoria release on Monday afternoon read: "Mr and Mrs Nelligan elected not to make any submissions today to RV stewards in response to a show cause notice issued on 1 March, 2018 which invited them to explain why the conditions of their current standing down ought not be expanded to include those within AR182.

"Mr and Mrs Nelligan were stood down by the stewards from their duties as stablehands pending the hearing and determination of the charges laid against them by RC stewards on January 9, 2018.

"The charges against each of them include alleged breaches of the Australian rules of racing as part of the Aquanita case.

"Effective immediately and until the hearing and determination of the charges against them, Mr and Mrs Nelligan are now subject to conditions with those that would be imposed on a disqualified person under AR 182.

"This includes, but is not limited to, a ban on entering Victorian racecourses and training premises and receiving any direct or indirect benefit from thoroughbred racing and/or breeding in Victoria."

The RAD board is scheduled to hear the charges laid in the Aquanita inquiry against the Nelligans and six other persons from April 30, 2018. ENDS

What difference will it make if the Nelligans aren't called or called but don't front up......obviously they can't give evidence against the licencees involved and in a court of law that might be fatal to the prosecutions case .......but RAD board is a domestic tribunal and the stewards have the texts and possibly some other evidence.....April 30 might reveal more.

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Mar-06, 09:18 PM


Keeping bad company -- is the ABC being misled about racing?

I am known to say I would leave Australia if the ABC were ever constrained in what it puts to air.

While that stands -- linking my views with what the ABC puts to air -- indicates a wide gulf between who advises the ABC about  racing and the reality.

My misgivings go back to the ABCs relegation of Betfair circa 2001 -- I went on Tony Delroy's 'nightlife' to decry the ABCs  treatment of Betfair.  Somewhat later -- having watched the 'expose' of Dan Nicolic -- I immediately posted my assessment that this was C&UBS.

Tonight we are regaled with C&UN -- that top-up milkshakes are a 'wonder drug'  -- and the evidence is about two losers, at long odds, running second to two winners starting favourite. Spare my days!

The winners in both cases were much better performed at the time and over their careers than the claimant 2nds -- their running second was the aberration, not the horse winning.

Presenting such nonsense may be the way ABC producers  'get back' at whoever has the influence to have such nonsense put to air.

The top-up 'scandal' is a beat up -- would not stand independent scrutiny -- and that will become ever more clear.


....................................how could 'doped' horses never test positive to bi-carb offenses over 7 years!

Title: Doping Scandal Investigation in Victoria
Post by: MagiC~* on 2018-Mar-08, 11:33 AM

Keeping bad company -- is the ABC being misled about racing?

I am known to say I would leave Australia if the ABC were ever constrained in what it puts to air.

While that stands -- linking my views with what the ABC puts to air -- indicates a wide gulf between who advises the ABC about  racing and the reality.

My misgivings go back to the ABCs relegation of Betfair circa 2001 -- I went on Tony Delroy's 'nightlife' to decry the ABCs  treatment of Betfair.  Somewhat later -- having watched the 'expose' of Dan Nicolic -- I immediately posted my assessment that this was C&UBS.

Tonight we are regaled with C&UN -- that top-up milkshakes are a 'wonder drug'  -- and the evidence is about two losers, at long odds, running second to two winners starting favourite. Spare my days!

The winners in both cases were much better performed at the time and over their careers than the claimant 2nds -- their running second was the aberration, not the horse winning.

Presenting such nonsense may be the way ABC producers  'get back' at whoever has the influence to have such nonsense put to air.

The top-up 'scandal' is a beat up -- would not stand independent scrutiny -- and that will become ever more clear.


....................................how could 'doped' horses never test positive to bi-carb offenses over 7 years!
Showing your ignorance Peter Mair,  it is all in the timing.
It takes around 35 mins for bicarb to get into a horses blood stream, so there is your 35 min window.
As long as they are below the level  before testing, 120gms of bicarb will get them close before they get to the track.
The top up at the races, inside that window, gets them over before they enter the gates.

Sent from my SM-N9005 using Tapatalk
Title: Doping Scandal Investigation in Victoria
Post by: MagiC~* on 2018-Mar-08, 11:37 AM
So unless they are testing them at the gates, they will never get a positive to bicarb

Sent from my SM-N9005 using Tapatalk

Title: Doping Scandal Investigation in Victoria
Post by: Jeunes on 2018-Mar-08, 01:32 PM
Don't all metro raceday stalls etc have cameras?
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-04, 06:59 PM
RAD Board no-show tactic has flaws

Andrew Eddy@fastisheddy   3 April, 2018

It is still a month until the opening day of the Aquanita inquiry and already a number of the main players have indicated they will not front the Racing Appeals and Disciplinary Board to face their share of the 271 total charges.

But for those intending not to give evidence such as former licensed trainer Robert Smerdon and former float driver Greg Nelligan and his wife Denise, the no-show tactic may merely be delaying the inevitable.

For while the Victorian Civil and Administrative Tribunal has often proven a thorn in the side of the RAD Board, in this instance, it could prove the saviour for those at Racing Victoria intent on fully pursuing those charged.

In the past, VCAT has overturned a number of RAD Board decisions on appeal - the highest profile of these in recent times being the Danny O'Brien and Mark Kavanagh cobalt disqualifications.

But in this case, VCAT might end up being the white knight for RV.

The RAD Board is toothless on a few fronts - the major one being its inability to compel unlicensed persons to take the stand to give evidence.

However, entrenched in VCAT's powers is the ability to issue a summons to appear.

So, once the RAD Board makes its findings on the charges faced by the eight people, all those dealt with have the option to make application to appeal the decisions to VCAT.

Importantly, RV also has the right to make application to VCAT to appeal a decision.

It doesn't necessarily have to be Smerdon or the Nelligans that have to put in an appeal for them to be summoned. If an appeal is processed, RV could seek to summons any of the charged persons as the charges are to be heard together by the RAD Board and RV would argue the charges are all intrinsically linked.

So while the RAD Board hearing might end up lacking some substance in the absence of those facing the most charges, it might be VCAT that provides the platform to uncover the entire story.ENDS


An opinion piece from Andrew Eddy which IMO might turn out to be on the money.......although the stewards only appear to  have text messages as evidence the principle players the Nelligens at the heart of this issue have indicated they have no intention of giving evidence .......and have been banned by RV........the fact that the case is built around the Nelligen's text messages to and fro  but the absence direct evidence when the case is called .... which in a court of law would be fatal to the prosecutions case ......but the RAD board is a domestic tribunal not bound by the rules of evidence .....the lawyers for the other parties who intend to defend the charges will no doubt try to have the case against their client dismissed on this basis...... or will dream up other possible meanings of the texts...which the RAD board may or may not buy......my money is on RV in this instance.......and if that isn't the outcome .....an appeal to VCAT as opined by  Andrew Eddy is their best option.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Apr-04, 09:56 PM


.......... anyone summoned could 'plead the 5th'

The RVL case has no legs if there are no positive swabs.

Conversely if 'retiring' is a favoured line for those apparently  misbehaving then all is not lost -- they are gone.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-12, 07:33 PM
Robert Smerdon’s lawyer queries RADB jurisdiction
Posted by: AAP+ at 6:28pm on 12/4/2018
Posted in: Horse Racing News
0
Comments
   

Counsel for Robert Smerdon will challenge the jurisdiction of the Racing Appeals and Disciplinary Board to hear charges laid against the Melbourne trainer.

The RAD Board will hear submissions from Tim McHenry, representing Smerdon, and those of Racing Victoria stewards regarding the Board’s jurisdiction on April 24.

Smerdon is one of eight people charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action.

Stewards said that on 115 occasions between 2010 and 2017, he was a party to the administration of alkalinising agents and/or medications to a horse or horses on a race day.

The charges emanated from an investigation into the scratching of Lovani over an alleged race day treatment at Flemington on October 7 last year.

Smerdon late last month indicated he would not be attending the RAD Board hearing which resulted in stewards issuing him a show cause notice.

That hearing didn’t eventuate after Smerdon gave an undertaking to formally resign as a director of Aquanita/Neerim Lodge and to forfeit all shares in the company so as not to derive any financial benefit from racing.

He also undertook not to attend any Victorian thoroughbred race meetings before the RAD Board hearing scheduled to begin on April 30 in the County Court. ENDS

There would have  to be more than a simple no jurisdiction argument ...lacking jurisdiction because??????? :whistle:


Court to host Aquanita RAD Board hearing
Brent Zerafa@brentzerafa   5:01pm

A decision has been made to move the Aquanita Hearing from the office of Racing Victoria to the County Court to accommodate the volume of people expected in attendance.

The matter is set to be heard by the Racing Appeals and Disciplinary Board on Monday April 30, with the County Court viewed as a more suitable option.

The decision to move the venue has no effect on the process, with Judge Bowman leading the three-man RAD Board panel.

Eight participants have been charged with more than 200 offences in relation to their involvement in the Aquanita Hearing, including former leading trainer Robert Smerdon, who has already publicly said he won’t be returning to the racing game.

Smerdon also indicated he won’t be personally attending the inquiry but will have legal representation at the RAD Board hearing.

Giddy Up :beer:


Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-17, 06:13 PM
Smerdon up for challenge
LEO SCHLINK
 
LEGAL BATTLE: Now retired trainer Robert Smerdon.

LAWYERS for Robert Smerdon intend to challenge the authority of the Racing Appeals and Disciplinary Board to hear more than 100 serious charges against the retired trainer.

Racing Victoria confirmed Smerdon’s lawyer Tim McHenry has applied to make submissions “with respect to the board’s jurisdiction to hear charges laid against his client”.
Submissions from McHenry and RV stewards will be heard today.

Smerdon has been charged with 116 counts of breaching the rules of racing with alleged dishonest, corrupt or fraudulent, improper or dishonourable actions.
He has surrendered his licence to RV, a move now thought to be part of a strategy to blunt RV’s disciplinary powers.

Smerdon is among eight people charged with 271 counts, most related to the alleged illegal use of alkalinising agents and/or medications to a horse or horses on a race day. Tony Vasil, Stuart Webb, Liam Birchley, Trent Pennuto, Greg and Denise Nelligan and Danny Garland are the others.

Yet to enter a plea, Smerdon has indicated he will not participate in the hearing where he will instead be represented by McHenry.

Vasil, Webb, Birchley, Pennuto and Garland intend to plead not guilty to allegations stretching over seven years.

Text messages seen by The Courier-Mail point to systemic doping and associated corruption, possibly involving Melbourne Cups and Group 1 races around the country. The charges stem from an investigation into the October 7 scratching of Lovani over alleged race day treatment at Flemington.

Smerdon was last month served with a show cause notice, prompting him to resign as a director of Aquanita/ Neerim Lodge and to forfeit all shares in the company.

He also undertook not to attend any Victorian thoroughbred race meetings before the RAD board hearing scheduled for April 30.ENDS

CM story today ...no news yet as to how Smerdon's mouthpiece went with his no jurisdiction spiel ...hard to give it much chance of success on the bare bones of what has been made public.......one possible argument might be that the Rules no longer apply to his client seeing he has relinquished his trainers license .......like the punter who wouldn't hand over his phone ......not being a licensed person he was not bound by the rules as they existed then ...the flaw in this argument is Smerdon was licensed when the alleged breaches occurred....just an obsevation.

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-27, 07:30 PM
The Racing Appeals and Disciplinary Board has determined it has the jurisdiction to hear the charges in the Aquanita case against former trainer Robert Smerdon.

Counsel for Smerdon, Tim McHenry, challenged the jurisdiction of the RAD Board to hear the 115 charges against Smerdon.

On Tuesday the RAD Board heard further submissions from McHenry and those of Racing Victoria stewards over the Board’s ability to hear the case.
Both had earlier supplied the RAD Board with written submissions.

In his submissions McHenry said as Smerdon had surrendered his licence and was therefore no longer a licensed trainer the hearing should not be held before the RAD Board.

Stewards countered by saying Smerdon’s alleged offences occurred while he was licensed.

RAD Board chairman Judge John Bowman said because he was licensed at the time, Smerdon was bound by the rules.

“We do not accept Robert Smerdon can escape the consequences of his behaviour by the surrender of his (trainer’s) licence,” he said.

Bowman said there were two types of person involved in racing, a licensed person and a relevant person.

He described a relevant person as anyone who takes part in racing adding that Smerdon fell into both categories after an amendment to the Racing Act in 2013.

“It is our view that with Mr Smerdon holding a contract with Racing Victoria and with the relevant changes to the racing act, the RAD Board can hear the charges,” Bowman said.

Smerdon is one of eight people charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action.

Stewards said on 115 occasions between 2010 and 2017, he was a party to the administration of alkalinising agents and/or medications to a horse or horses on a race day.

The charges emanated from an investigation into the scratching of Lovani over an alleged race day treatment at Flemington on October 7 last year.

Smerdon late last month surrendered his trainers’ licence and indicated he would not attend the RAD Board hearing.

Two other central figures, former Smerdon employees Greg and Denise Nelligan, have also said they will not appear at the inquiry.

The RAD Board is set to begin the hearing in the County Court on April 30.ENDS

The outcome was as expected ..reminds me of the joke about the brief examining the pathologist when he asked if the patient was dead he had his brain in a bottle the doctor asked did you pass the Bar exam .
 :beer:
Giddy Up/color]
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Apr-28, 07:19 AM


.........no positive swabs means no clear offences
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-28, 09:44 AM

.........no positive swabs means no clear offences

You should offer your services to Smerdon's brief he could use a little help judging by his first submission.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Apr-28, 11:32 AM

.........no positive swabs means no clear offences

They need a Victorian Royal Commission Pete........
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Apr-28, 12:04 PM

.........no positive swabs means no clear offences
Strange comment for someone who see's himself as some sort of punter's advocate but then again you did want to see D Nikolic back in the saddle.

Raceday treatment is a clear offence ....Ben Currie's old man will tell you.

For me right now it has become impossible to know who is clean in this game and it might take some Hong Kong justice to maybe get rid of some of the cheats.....maybe?

I'm sure we are about to find out the goatherder has claimed one The Championships major titles....fantastic stuff!

I'm only watching at the moment and have no confidence in the industry at all.
Title: Doping Scandal Investigation in Victoria
Post by: fours on 2018-Apr-28, 12:23 PM
nemisis,

The stats, or changes in them, nearly always tell the tale.

Fours
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Apr-28, 12:34 PM
nemisis,

The stats, or changes in them, nearly always tell the tale.

Fours
Never be on a Smerdon drifter was one stat that never changed........bloody cheat.
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Apr-29, 06:08 AM


................. 'raceday treatment' is a contrived discretionary rule of the stewards intended to remove judgment in the very circumstances it is critical.

Breaching a 'rule' in a way that does not also trigger a positive swab becomes a moot point when trainers are preparing a horse to do its best, within the limits on bi-carb readings.

It can hardly be considered an ofensive treatment if no limit is breached.

 A discretionary 'rule' in an industry allowed to run itself at the convenience of stewards, may not be a  'rule' likely to be endorsed by a proper court when the substance is itself innocuous.

The only real rule here is the one setting the limit on concentration.

RVL has more to worry about than treated horses not swabbing positive.

Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Apr-29, 08:09 AM
If the stewards can't be the regulators of the industry then who can?......the trainers? 

You just need good stewards.

Self regulation can never work because greed gets in the way.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Apr-29, 08:25 AM
A horse does not need to be treated on Raceday.

End of story
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-30, 07:10 PM
Robert Smerdon had ‘habit of cheating’, RADB told
Posted by: AAP+ at 10:23am on 30/4/2018
Posted in: Horse Racing News
0 Comments
   

Multiple Group One-winning trainer Robert Smerdon was in the habit of cheating amid a widespread practice of giving horses covert race day treatments, an inquiry has heard.

Racing Victoria stewards allege horses were given “top-ups” of bicarbonate over seven years, charging five trainers and three stablehands connected to management company Aquanita Racing at Caulfield.

Smerdon and his former stablehand and float driver Greg Nelligan were allegedly involved in more than 100 race day treatments between 2010 and 2017.

Stewards’ barrister Jeff Gleeson QC said it was an extremely widespread and long-standing practice.

“The practice of top-ups among those eight people was knowing, it was brazen and it was systemic,” Gleeson told the Racing Appeals and Disciplinary Board on Monday.

“It was, at least for Smerdon and Nelligan, a habit of cheating.”

Stewards allegedly caught Nelligan administering a substance to the Smerdon-trained Lovani, who was then withdrawn from a race at Flemington on October 7 last year.

The inquiry was shown a video of stewards confronting Nelligan after he removed a yellow bag from under his jacket, took out a syringe and put it into Lovani’s mouth.

“You can imagine the surprise and dismay of Nelligan upon realising that he’d been observed,” Gleeson said.

“He, in a forlorn attempt to cover the matter up, attempted to conceal the plunger and the bag under his clothing.”

The video showed Nelligan telling stewards the substance was “something I made up” and “no one else had anything to do with it”.

Gleeson said there was a disturbing and telling awareness between some of the charged people about what stewards were doing.

“Surveillance of stewards and their activities was a matter of considerable interest to some of the charged persons showing a consciousness of guilt and a desire to avoid being detected.”

Much of the stewards’ case is based on seven years of text messages on Nelligan’s mobile phone.

The tribunal heard those involved claimed the references to “top-ups” actually referred to topping up feed or water for the horses, which Gleeson said was simply implausible.

The text messages include references to the Melbourne Cup, although details about the horses concerned were not revealed.

Gleeson read texts between trainer Liam Birchley and Nelligan on Cup eve in 2015, during which the float driver noted: “got two cup horses as well. Don’t tell Robert.”

Nelligan later adds: “Robert had me do one for the guy with the cup horses a couple of years ago so it’s not out of the circle of trust but I still don’t tell him.”

The tribunal heard Nelligan’s wife Denise, also a registered stablehand, made “reluctant but damning concessions” to stewards.

The five trainers – Smerdon, Birchley, Stuart Webb, Tony Vasil and Trent Pennuto – and three stable employees – the Nelligans and Daniel Garland – were charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action.

Smerdon, who handed in his trainer’s licence, and the Nelligans are not participating in the inquiry, although the trainer has legal representation.

Only Queensland trainer Birchley, who has pleaded not guilty, attended the hearing on Monday.

Bicarbonate is used to help prevent the build-up of lactic acid but cannot be administered within one clear day of a horse racing.ENDS

Very early in the first day of the hearing for AAP to get the above report out there should be some later information you would think. :chin:

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Apr-30, 07:15 PM
Graphic video played at Aquanita Inquiry
Andrew Eddy@fastisheddy   5:25pm

The Aquanita Inquiry began in Melbourne on Monday morning with a Racing Victoria stewards' video showing a graphic account of the alleged "top-up" given to Lovani at the Flemington races early last spring that ignited the far-reaching investigation.

The video shows former Aquanita employee Greg Nelligan in a horse stall with Lovani attempting to hide a syringe containing a substance later to be revealed as a mix of sodium bi-carbonate and tripart paste - both illegal to be administered on race day.

Gleeson told the Racing Appeals and Disciplinary Board that the video was part of a systematic "habit of cheating" by Nelligan and former trainer Robert Smerdon, who face the majority of the 271 charges arising from the investigation launched after the Lovani incident.

The board heard that the bi-carb mixture was referred to as a "top-up" and Gleeson said the inference was there for the board to resolve that the horses receiving the "top-ups" had also been illegal treated with bi-carb on the morning of the race.

Jeff Gleeson, SC, for Racing Victoria, said that to prove their cases, stewards are to rely on the video of the actions of Nelligan, admissions in evidence given by his wife Denise, hundreds of text messages from some of the eight accused as well as physical exhibits such as the modified syringe used to deliver the substance and the yellow bag labelled "Greg" used to carry the syringe.

Five trainers - Smerdon, Stuart Webb, Tony Vasil, Trent Pennuto, Liam Birchley - and three stable employees - Greg and Denise Nelligan and Daniel Garland - have been charged with 271 counts under a variety of racing rules following the detection of alleged race day treatment of Lovani at Flemington early last spring.

Of this group, only the Queensland-licenced Birchley turned up at the opening of the inquiry on Monday. The board was told that Birchley was likely to take the stand but that Smerdon and the Nelligans would not while the others charged reserved their positions until the end of the stewards' case.

Gleeson told the board that the conduct of Nelligan and Smerdon was "knowing" and "brazen" and that it fulfilled all the parts of Australian Racing Rule 175 (a), which deals with dishonest, corrupt, fraudulent and improper action.

In a stewards' interview last year, Smerdon denied "top-ups" was an illegal bi-carn mixture, claiming that the phrase "top-ups" referred to feeding and hydration of horses.

The board was read a number of the text messages sent from the accused with most of the messages referring to "top-ups" being planned to be given to horses at the races.

RV's chief veterinarian Dr Grace Forbes was put on the stand shortly before luncheon adjournment where she was grilled by Patrick Wheelahan, who was representing Vasil, about whether sodium bi-carbonate was in fact performance-enhancing in racehorses.

Queensland trainer Birchley will take the stand on Tuesday when the hearing resumes. Birchley, who faces three charges, is one of five witnesses to be called by his defence team.

Birchley could be the only one of the eight persons charged to attend the inquiry.

Punters.com report follows

The players in the Aquanita racing case
about an hour ago by AAP
The Aquanita Racing case commenced on MondayImage: Getty
The inquiry into alleged raceday treatment involving eight people connected with Aquanita Racing commenced at the Racing Appeals and Disciplinary Board on Monday.

WHAT IS THE CASE?

It has been called Australia's largest racing inquiry, given the number of charges and people involved.

Racing Victoria stewards say most of the charges relate to the widespread and long-standing practice of alleged covert administration of bicarbonate to horses on race day, via "top-ups" delivered orally through a syringe.

The eight people who have been charged say texts referring to "top-ups" actually refer to topping up feed and water.

WHO HAS BEEN CHARGED?

The five trainers and three stable employees have been charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action or practice.

All are connected to the management company Aquanita Racing.

ROBERT SMERDON

* Multiple Group-One winning trainer

* Two charges - for being a party to alleged race day treatments of alkalinising agents and/or medications on 115 occasions between June 2010 and October 2017; and allegedly instructing stablehand Greg Nelligan to administer Vicks in the nose of a horse before a race

* Handed in his trainer's licence in March

* Not participating in inquiry but has lawyer there

GREG NELLIGAN

* Smerdon's former stablehand and float driver; also former employee of trainer Tony Vasil

* 10 charges - relate to alleged race day treatments on 123 occasions from 2010 to 2017; also charged with administering Vicks to horse; and three charges for laying horses while employed the trainer

* Not participating in inquiry

DENISE NELLIGAN

* Greg's wife; also stablehand of Smerdon and former Vasil employee

* One charge - related to 13 occasions from 2011 to 2017

* Not participating in inquiry

TONY VASIL

* Group One-winning trainer

* Connected to Aquanita from 2004-5 to about 2012

* One charge - on seven occasions from 2010 to 2013

STUART WEBB

* Group One-winning trainer; Smerdon employee

* One charge - three occasions (two in 2010, one in 2017)

TRENT PENNUTO

* Former trainer

* Worked at Aquanita as Vasil's foreman between 2008 and 2012

* One charge - four occasions from 2010 to 2011

LIAM BIRCHLEY

* Trainer; licensed in Queensland

* Trained under Aquanita banner for 10 years until about 2011

* One charge - three occasions (in 2011, 2012 and 2013)

DANIEL GARLAND

* Smerdon float driver

* One charge - two occasions (in 2011 and 2013)

HOW LONG WILL THE CASE LAST?

Originally tipped to last two weeks, the hearing before Victoria's Racing Appeals and Disciplinary Board is now expected to wrap up in a week.

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-01, 03:07 AM


Why would a bit of antacid be considered a 'raceday treatment'?

Do all horses have the same natutral level of a 'bi carb reading'?

What is the point of a limit tht is not exceeded?

This matter is about one thing -- is the proscribing of bi-carb on a raceday in the same class as proscribing other treatments -- is the stewards discretion a reasonable exercise of their powwer?

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-01, 09:14 AM

Pete You're facing a losing battle...they're GONE.

Nelligen was caught red handed  it's on video .......just like a rabbit in the spotlight...... with  apparatus and mixture in his hand.....he was attempting to treat a horse on a race day it's against the Rules.

The 7 years of text messages establish it's a long running attempt to give the treated horses an unfair advantage.

Pity the RAD board hearing isn't on video link would be very interesting to watch the squiggle and squirming and the implausible explanations on "top ups" that have been alluded to previously.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-01, 01:05 PM
Will be interesting to see how Lloyd Williams reacts to Liam Howley's name coming up in the inquiry.

As an assistant trainer to Smerdon it would be impossible to believe he did not know what was going on.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-01, 05:50 PM

Why would a bit of antacid be considered a 'raceday treatment'?


If you could bothered to answer a question to you, try this one

Why would a trainer give " a bit on antacid" to a horse on raceday?
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-01, 06:12 PM

Enlightening the stewards

Vatican stewards once sentenced to eternal damnation those that ate meat on a Friday.

Within limits set by stewards trainers give horses a bit of antacid to assist their ability to race to their best.

The testing question will arise when it is possible to provide a bi-carb boost before race day in a capsule that does not release for 24 hours.

In short, the issue is not about treating the horse within limits it is a penalty for not having a compatible technology.

No swab, no offence and no penalty.
Title: Doping Scandal Investigation in Victoria
Post by: Jeunes on 2018-May-01, 06:43 PM
I know criminal law evidentiary requirements are different to steward rulings but any reason why no referral to the police.

Smerdon and others would be compelled to answer if this was the case as not answering in a trial usually gives jurors food for thought.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-01, 07:03 PM
Aquanita case ends with denial
Posted by: AAP+ at 6:01pm on 1/5/2018
Posted in: Horse Racing News
0 Comments
   

Queensland trainer Liam Birchley denies any involvement in giving horses race day treatments or knowing about the allegedly widespread practice that extended to Melbourne Cup runners.

Birchley is the only one of the five trainers and three stablehands charged in the Aquanita case to give evidence or even show up to the Racing Appeals and Disciplinary Board inquiry.

Birchley admitted it looked bad that he asked the person allegedly at the centre of the practice of race day treatments – float driver Greg Nelligan – to organise a “top-up”.

But he maintained it was a common racing term for topping up feed, water or shavings in horses’ boxes.

Racing Victoria stewards allege there was a widespread and brazen practice over seven years of covertly giving horses “top-ups” of sodium bicarbonate on race days among people connected to management company Aquanita Racing at Caulfield.

Much of the stewards’ case is based on seven years of text messages on Nelligan’s mobile phone.

Stewards’ barrister Jeff Gleeson QC, who told the inquiry trainer Robert Smerdon and his stablehand Nelligan had a habit of cheating, said the texts showed those involved talking about top-ups of sodium bicarbonate.

Birchley agreed that seemed to be the case but added “I had no knowledge of that”.

Gleeson said Birchley was suggesting it was just some horrible coincidence that he asked for a top-up when others used the term to mean a top-up of bicarbonate.

“Yes it’s a coincidence. It’s one coincidence,” Birchley said on Tuesday.

A series of texts between Birchley and Nelligan from Cup eve in 2015 began with the trainer asking: “Can u org a top up for tomorrow pls.”

Nelligan replied: “Robert’s ordered 5, I’ll need a wheelbarrow to carry them all.”

Birchley: “You’ve got deep pockets.”

Nelligan: “I’ll be walking funny, got two cup horses as well. Don’t tell Robert.”

Birchley, who told the inquiry he was at a pub drinking at the time and did not remember the text conversation, said he did not know what Nelligan meant.

Gleeson suggested Birchley knew Nelligan’s text meant he was “topping up” two Cup horses, which the trainer denied.

Nelligan’s final text said: “Robert had me do one for the guy with the cup horses a few years ago so it’s not out of the circle of trust but I still don’t tell him.”

Birchley said he did not take any notice of that text nor reply.

“It did not make any sense to me,” he told RAD Board chair Judge John Bowman.

Gleeson suggested Birchley knew the circle of trust referred to a group of people who knew about the practice of administering sodium bicarbonate to horses on race day.

Birchley responded: “Definitely not.”

Five trainers – Smerdon, Birchley, Stuart Webb, Tony Vasil and Trent Pennuto – and three stable employees – Nelligan, his wife Denise and Daniel Garland – were charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action.

Smerdon and the Nelligans are not participating in the inquiry.

The hearing will resume on Thursday afternoon for closing arguments.

Judge Bowman rejected submissions from lawyers representing Birchley Vasil & Pennuto that the text messages should not be admitted into evidence......report follows

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-01, 07:04 PM
Enlightening the stewards

Vatican stewards once sentenced to eternal damnation those that ate meat on a Friday.

Within limits set by stewards trainers give horses a bit of antacid to assist their ability to race to their best.

The testing question will arise when it is possible to provide a bi-carb boost before race day in a capsule that does not release for 24 hours.

In short, the issue is not about treating the horse within limits it is a penalty for not having a compatible technology.

No swab, no offence and no penalty.

As John McEnroe famously said.

Answer the question jerk.

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-01, 07:07 PM
Top-ups' meaning a coincidence: Birchley
Andrew Eddy@fastisheddy   5:08pm
, (
Trainer Liam Birchley agreed it was a 'horrible coincidence' that the common racing term 'top-up' appeared to have multiple meanings - one of them indicating a secondary dose of sodium bicarbonate shortly before a race.

Birchley, who faces three of the 271 charges laid in the Aquanita Inquiry, said on Tuesday afternoon that the evidence to stewards of co-accused Denise Nelligan indicated that 'top-ups' also meant the practice of giving a horse a second dose of bi-carb closer to its racing.

"That obviously seems to be the case," Birchley told Racing Victoria's barrister Jeff Gleeson, SC.

Gleeson asked: "They were using the term differently to you?"

Birchley replied: "That's my belief."

Birchley had earlier given evidence that 'top-ups' was a common term in racing stables used to describe extra food, water or even bed shavings for some of the horses.

He denied having any knowledge of horses being 'topped-up' or being treated with any substance within the one-day withholding period.

Earlier, RAD Board Chairman Judge John Bowman confirmed RV's spreadsheet of text messages were admissible to the hearing.

Judge Bowman was responding to calls from the legal representatives of three of the accused - Tony Vasil, Trent Pennuto and Birchley - to rule the spreadsheets as inadmissible as they were imaged from the phone of Greg Nelligan, who had indicated he would not appear at the hearing to answer questions about the messages.

The RAD Board had earlier ruled the spreadsheets could be used in evidence.

"In a case of this nature and with the magnitude of material, the admission of evidence in a general form and subject to subsequent arguments concerning weight, truth, individual admissibility and the like seems to us to breach no rule of natural justice," Judge Bowman said.

"Objections to individual text messages concerning what weight if any should be attached to them can be dealt with as they arise.

"From a total of some 70,000 text messages found on Mr Nelllgan's phone, it is the setting out of the messages upon which stewards rely in presenting their case."

Given all the witnesses had been heard, the RAD Board adhered to a request for Wednesday to be a 'lay-day' in the hearing so as the parties can prepare their final written submissions.

The oral submissions will take place from noon on Thursday.ENDS

It's a question of whether Judge Bowman believes Birchley as Applegarth J said in the RQL Tatts case referring to  Bob Bentley's evidence .."I might believe him or I might not"

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-01, 07:17 PM
BIRCHLEY CLAIMS HE WAS DRUNK & DIDN’T REMEMBER SENDING TEXTS

QUEENSLAND trainer Liam Birchley has denied being involved in giving horses race day treatments or knowing about a "circle of trust" of people behind the practice that allegedly extended to Melbourne Cup runners.

PATRICK BARTLEY reports for FAIRFAX MEDIA that Racing Victoria stewards allege horses were given "top-ups" of bicarbonate over seven years, charging five trainers and three stablehands connected to management company Aquanita Racing at Caulfield.

On day two of the hearing into the Aquanita racing scandal, Birchley said that he was drunk after being at a Melbourne bar for a “long time” and could not recall sending text messages to the person allegedly at the centre of the scandal, Greg Nelligan, on the eve of the 2015 Melbourne Cup.

Jeff Gleeson, QC, for the stewards, pressed the trainer for some time about the team of horses that Birchley had brought down for the Victorian spring carnival in 2015 and about one in particular, Pop ‘N’ Scotch, who started on Melbourne Cup Day.

Birchley said after drinking with owners at the Riverside Bar the day before the 2015 Cup, he left the bar “pretty merry” and had “no recollection” of sending any text messages to anyone.

Gleeson asked Birchley if it was just some horrible coincidence that he texted Nelligan and asked for a top-up when those involved in the practice used the phrase in a different context.

Birchley replied: "That's my belief, yes".

"There wouldn't be a stable in the country that didn't use the term," he said.

A series of texts between Birchley and Nelligan - who worked for then-trainer Robert Smerdon - from Cup eve in 2015 began with the trainer asking: "Can u org a top up for tomorrow pls".

Birchley agreed with Gleeson that it looked bad.

"I can see why it's being investigated and I agree 100 per cent," he said.

Nelligan texted back to Birchley: "Robert's ordered 5, I'll need a wheelbarrow to carry them all."

Birchley: "You've got deep pockets."

Nelligan: "I'll be walking funny, got two cup horses as well. Don't tell Robert."

Birchley told the inquiry he did not know what Nelligan meant.

"I don't recall the conversation."

Gleeson said Birchley knew Nelligan's text meant he was "topping up" two Cup horses.

The trainer said: "No, not at all".

In the November 2015 texts, Nelligan went on to say: "Robert had me do one for the guy with the cup horses a few years ago so it's not out of the circle of trust but I still don't tell him."

Asked about that text, Birchley said he did not take any notice of it.

Gleeson said: "You knew the circle of trust is a reference to a group of people who knew about the practice of administering sodium bicarbonate to horses on race day."

Birchley: "Definitely not."

Birchley said he had never administered a medication, alkalinising agent or a prohibited substance to a horse on a race day.

He also told the inquiry he never asked anyone to do so nor was a party to it.

Birchley, Smerdon, Nelligan and five others were charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action.

Stewards allege Birchley was a party to the administration on three occasions during the 2011, 2012 and 2015 Melbourne spring carnival.ENDS


Strange there's no question about what top up Birchley asked Nelligen to do for him ....feed ..water ..shavings seems implausible to me he would ask for those things when you would assume he would have a stable hand of his own looking after the horses while he was in town.

Giddy Up :beer:

 
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-02, 07:40 AM

If you could bothered to answer a question to you, try this one

Why would a trainer give " a bit on antacid" to a horse on raceday?

Still awaiting Mairs answer

It appears integrity issues lay with Mair and not RVC
Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-May-02, 01:16 PM
May 2, 2018 by archibald butterfly

And So the Aquanita Circus Ends, Not With a Bang, But a Whimper …… The Hollow Man Terry Bailey Must Now Be Bid Adieu – He Shall Be Missed By None

So that’s it is it?

Is that all there is?

An opening day full of a QC making baseless accusations without a shred of solid evidence to support them.

A second day where only one witness – Liam Birchley – gives evidence and is cross-examined, and says that the Stewards have misinterpreted the texts* and that they refer to topping up the feed and water. This is entirely consistent with the brief answers given by Greg Nelligan at the earliest stages of the inquiry that has resulted in the proceedings.

* Text messages from a telephone seized from former Aquanita truck driver and stablehand Greg Nelligan that are oblique and can be interpreted in a number of different ways.

No admissions by any person.

No signed statements.

No witnesses other than Birchley, who even on the most damning of constructions is simply a minor player in the Aquanita affair, and his travelling stable foreman the former star apprentice whose career was derailed by the handicap of being born with a frame too big for a jockey Aiden Holt.

Holt’s evidence is uncontroversial other than that his recollection of the time that he arrived at the Flemington course with a stable runner on Cup Day is an hour out. He says he arrived at about 7.30am, records show that he arrived at about 8.30am.

Holt is a Queenslander and that State does not have daylight saving, which commenced in Victoria that year just 4 weeks before. It is entirely plausible that he simply forgot to move the time on his watch forward an hour.

No positive swabs.

No evidence whatsoever that any horse has ever received any race day treatment other than the Robert Smerdon trained Lovani that Nelligan was found in the stall with Flemington in the incident that sparked the whole debacle.

Tests conducted on Lovani reveal minor traces of traces of bicarbonate and formaldehyde well below regulated threshold levels. Both are contained in common foods and vitamin supplements.

And that’s it for your couple of hundred thousand dollars and countless pages of newspaper print.

A big fat zero.

Nelligan and Smerdon will be convicted – the former was found in Lovani’s stall with a syringe, and the latter presented the horse to race as a trainer – but that’s a single offence and in many cases a conviction for it only results in a fine. Of course in this case the pair will be hit with a long ban from the sport because they are easy game and don’t care, and the Victorian Stewards need to save at least some face from this total kiss-up.

None of the other trainers or licensees, including Liam Birchley, can be possibly be convicted of the alleged breach of the rules they have been charged with, for their alleged misdemeanours are being party to the administration of a substance to a horse on race day, and there isn’t even the slightest skerrick of evidence to support the charge.

Even taking the prosecution case as its absolute highest and assuming the texts mean what the Stewards say they do – and there is absolutely nil evidence that is the case – then the worst scenario for Birchley and others is that they asked Nelligan to give their horse a bicarb hit on race morning (there is no evidence that this is actually true, but we are pretending here).

That doesn’t mean it was actually given one does it?

I ask Maggie to do things for me all the time and she says sure and then forgets. I do the same, and I am sure that you do too. So how could just asking for something to be done prove in a million years that what you asked for was actually done?

It can’t.

It’s as simple as that.

To prove these charges the Stewards needed to prove 2 elements of the alleged breach: first that Birchley and others were party to the administration of a substance on race day by virtue of them having asked for it, and second that the substance was actually administered.

Racing Victoria haven’t even gone close to proving the first charge, and in the complete absence of any evidence haven’t even bothered trying to prove the second.

The whole thing is a farce and a joke, and a whole lot of people are going to have a whole lot of egg on their faces in about a weeks time when this is all said and done.

People like the racing writer Leo Schlink – who all but called Birchley and others disgraceful criminals, and should be sued by the trainers for plenty – and Marc Van Gestel of the NSW Stewards who banned Birchley from racing in NSW, and the race-hating pontificator from his imagined pulpit Patrick Smith of The Australian, the man who made great play of pounding on about 271 counts but failed to mention that Birchley, Webb, Vasil and Pennuto only face a single charge each,  who hates horse racing and calls our great love ‘the dodgy sport’.

Well who is dodgy now Patrick and co? I’ll give you a clue, it ain’t Liam Birchley.

Of course the man most culpable for this highly embarrassing (to RV) and incredibly damaging (to the charged trainers) total debacle and utter farce is the man who started the fire and kept stoking it with leaked information and cryptic public statements Terry Bailey, the Chief Steward of racing in Victoria, but not for very much longer you can be assured.

Bailey has ballsed a major inquiry up again, just he like he did on the cobalt issue and his attempt to induce a stable hand to agree to be planted as a spy in Peter Moody’s stable, and as he did in the early stages of his pursuit of Danny Nikolic before the jockey’s inability to control his temper and a hail of bullets shot into Bailey’s door changed the ball game and gave police the imprimatur to save Bailey’s reputation by recommending the rider’s permanent exile from the game.

If anything useful is to come out of this whole circus it is the message that the new police-style powers granted to integrity officials and the cop-like methods of managing integrity in racing don’t work.

As Peter Moody pointed out in his recent biography most racing people aren’t crooks, yet under the new integrity model everyone in the industry is by default viewed and treated as one. It’s just plain wrong, and horribly unfair. There are bad eggs in every basket but it doesn’t mean the whole basket’s rotten.

Terry Bailey’s track record is rotten though, and his career now lies shredded on the floor in tatters. His departure from Australian racing can’t come quick enough, and save your sympathy for someone else, for Bailey through hubris and arrogance and a lack of respect for the good people of our sport has brought the whole thing on himself.

No-one will be sorry to see him gone.

Postscript: It’s funny how an alleged lunatic picked the truth about the Aquanita affair months before the mainstream media saw the trees through the woods isn’t is sportsfans? Just as it was strange that the same claimed madman was the only one to tell you about the Eagle Farm track and a whole host of other issues. Perhaps the people pointing the finger at the news breaker are the mad bastards after all? Or maybe they are just mealy-mouthed malefactors with a whole heap to hide ……..

Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-May-02, 01:35 PM
https://player.whooshkaa.com/episode?id=191969
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-02, 05:05 PM

Nailed -- now bring the cross


................. I do not know who 'authorised' is but he does seem to have nailed this Aquanita nonsense for the contrived beat up it was.

If the discretionary  'rule' on raceday treatment was set aside there would, without a positivce swab, be no penalty to be imposed on anyone.


Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-May-02, 05:07 PM
Nailed -- now bring the cross


................. I do not know who 'authorised' is but he does seem to have nailed this Aquanita nonsense for the contrived beat up it was.

If the discretionary  'rule' on raceday treatment was set aside there would, without a positivce swab, be no penalty to be imposed on anyone.

No no no no no, We are on different pages, Some goose named Archie Butterfly seems to agree with you.

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-02, 05:09 PM
Nailed -- now bring the cross


................. I do not know who 'authorised' is but he does seem to have nailed this Aquanita nonsense for the contrived beat up it was.

If the discretionary  'rule' on raceday treatment was set aside there would, without a positivce swab, be no penalty to be imposed on anyone.

When will you answer the question put to you.

I suspect your too scared of the answer.
Stop cowering in the corner and man up :bulb:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-02, 06:22 PM
Absentees ensure subdued inquiry
Andrew Eddy@fastisheddy   12:53pm
, (
After just two days of restrained activity, the specially-booked hearing room of 1:6 at the County Court in Melbourne was left silent on Wednesday.

It wasn't meant to be. It should have been jam-packed while 271 charges were being pursued against eight people that Racing Victoria has alleged were trying to cheat by means of illegal race-day treatments.

But instead, the three members that make up the Racing Appeals and Disciplinary Board were left to spend the day reviewing the meagre pile of new evidence and to wait upon written submissions from the legal representatives of those charged due later in the afternoon.

 It is a far cry from what had been predicted when a raft of charges was laid against some of racing's more recognisable figures some months ago. It was supposed to be the biggest racing inquiry ever, but it ended up featuring just five witnesses and barely lasting 12 hours as the majority of those charged simply refused to turn up.

Only one of the charged - Queensland trainer Liam Birchley - made it to room 1:6 to give his version of events and to face questions from RV's legal team and from the RAD Board.

The others were represented by various legal teams that showed little more than moderate interest in the proceedings, with many absent for large periods of time during the hearing. Few took any part in cross-examinations of the witnesses.

The stewards' case - if they are to snare all eight charged persons - is heavily dependent on the RAD Board's interpretations of the seven years of text messages imaged from the mobile phone of former Aquanita float driver Greg Nelligan.

His wife Denise made admissions to stewards in an October 31 interview last year about top-ups being sodium bicarbonate mixes, but the RAD Board learned nothing more of her version of events this week as she refused to be cross-examined at the inquiry.

There is video and physical evidence against both Greg Nelligan and Robert Smerdon on top of the text messages.

Nelligan was the one caught red-handed with the bi-carb mixture with Lovani at Flemington last October and stewards confiscated both the modified plunger used to apply the mix to the horse's mouth and the yellow bag marked 'Greg' that Nelligan used to carry the so-called 'top-ups'.

As trainer of the horse, Smerdon is liable for any illegal treatment under the rules of racing.

The majority of the text messages read out during the hearing by RV's barrister Jeff Gleeson, SC, had already been made public exclusively in the Herald Sun, but there was one small piece of information that came as a surprise.

Contained in the slurry mix used to treat Lovani on the afternoon at Flemington last October was sodium bicarbonate, as well as a variety of vitamins made up into a paste called Tripart. The final substance noted by analysts was formaldehyde.

The mild presence of the toxic substance - used mainly in embalming and noted as a human carcinogen - raised a few eyebrows as formaldehyde does not naturally occur in either bi-carb or the Tripart mix but carries with it the reputation of being able to stop horses from bleeding following intense exercise.


Room 1:6 at the County Court will again be in action on Thursday when the legal teams offer their oral submissions to the RAD Board from noon.

From there, the case, for at least some of the charged, could wind its way down William Street and across Collins Street to the King Street address of the Victorian Civil and Administrative Tribunal, where the power of subpoena will ensure a more thorough examination of the charges.

And from Rob Young on www.justracing.com

https://justracing.com.au/2018/05/02/sometimes-no-excuse-sometimes-no-honour-either/

Giddy Up :beer:

 
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-02, 09:43 PM
Formaldehyde to stop internal bleeding????? :no:

What next?...... feeding racehorses asbestos fibres to reinforce their lungs!
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-May-03, 07:21 AM
Formaldehyde to stop internal bleeding????? :no:

What next?...... feeding racehorses asbestos fibres to reinforce their lungs!

The famous Dracula actor, Bela Lugosi, was reportedly such a bad alcoholic that he took to drinking formaldehyde because it was the only thing that got him drunk.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-03, 04:08 PM
Some early reports on the progress of the RAD board hearing today just the RV submissions to lunch :-

Compelling evidence underpins RV case
 
Andrew Eddy@fastisheddy
1:54pm
The Racing Appeals and Disciplinary Board has heard that three pieces of compelling evidence against the eight persons charged in the Aquanita Inquiry amounted to stewards presenting a strong case to prove the 'calculated process of cheating'.

Jeff Gleeson, SC, appearing for RV stewards, said in his oral submission to the RAD Board on Thursday afternoon that the evidence against the five trainers and three stablehands 'made for a sorry and miserable read' but, when taken in full context, 'read like a novel.'

Gleeson said it was former Aquanita employee Denise Nelligan's evidence to stewards in an interview in late October last year that the codeword 'top-up' was exposed, resulting in the 271 charges being laid.

Five trainers - Robert Smerdon, Liam Birchley, Stuart Webb, Tony Vasil and Trent Pennuto - and three stable employees - Greg Nelligan, his wife Denise and Daniel Garland - are facing charges under Australian racing rule 175 (a) dealing with dishonest, corrupt or fraudulent, improper or dishonourable action in relation to illegal race-day treatment.
Gleeson told the RAD Board on Thursday that there was an exact moment last October when the 'cheating' by those charged over at least seven years was finally confirmed.
He said when stewards read to Nelligan a text from her to her husband Greg: 'Tony wants two top-ups tonight. Do we have enough syringes?' Nelligan 'gave up the pretence of innocence' by confirming that bi-carbonate and Tripart were part of the top-up mix.

That piece of evidence, Gleeson claimed, 'damns every participant'.

Gleeson said the RAD Board has heard and read evidence from those charged that top-ups in fact meant extra water, food or bed shavings, but he said Nelligan's evidence proved those references were 'futile and pathetic' and indeed 'insulting the intelligence of stewards and the Board'.

Gleeson said there were three compelling pieces of evidence stewards are relying on to convict those charged.
First, he said, was the physical and visual evidence surrounding the exposure of Greg Nelligan's bi-carb treatment of Lovani at Flemingon last October, provided stewards with the 'smoking gun'.

Secondly, he said Denise Nelligan's confession about bi-carb explained the codeword 'top-ups' in the text messages.

Thirdly, Gleeson said the phone imaging of Greg Nelligan's mobile provided stewards with seven years of texts confirming the practice.

Gleeson addressed the situation where only one of the charged - Queensland trainer Birchley - took the witness stand, claiming failure to participate in the inquiry meant 'a fact that might be contradicted can be more readily accepted' and 'the failure to call evidence is because the party fears the available evidence would have exposed facts unfavourable to the party'.

Gleeson will resume his submissions after the lunch break. ENDS

Punters .com report follows essentially the same.

https://www.punters.com.au/news/aquanita-8-knew-they-were-cheating%3a-qc_168540/

And RAD Board rulings on the admissibility of the evidence on Text messages and the Ruling that Smerdon cannot escape the jurisdiction one follows the other.

https://cdn.racing.com/-/media/rv/2018-rv/rad-board/findings-and-appeals-documents/20180423-rad-board---objections-to-admission-of-evidence--vasil-pen.pdf?la=en

https://cdn.racing.com/-/media/rv/2018-rv/rad-board/findings-and-appeals-documents/2018-04-24-rad-board-jurisdiction-ruling---rv-stewards-v-smerdon-and-others.pdf?la=en

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-03, 05:50 PM


Ben Dorries
03 May 2018
0 Comments

Denise Nelligan gave up the codewords to alleged text message doping instructions which are at the centre of the Aquanita raceday treatment case, closing submissions in the hearing heard on Thursday.

In summing up the case against the ‘Aquanita Eight’ at the Melbourne County Court, legal counsel for Racing Victoria stewards Jeff Gleeson QC revealed Mrs Nelligan admitted to stewards what messages regarding “top-ups” meant.

Gleeson said Mrs Nelligan admitted the raceday treatment practice with sodium bicarbonate was wrong and told stewards she had asked her husband, fellow accused horse doper Greg Nelligan, “not to do it”.

“The game was over really when stewards showed Denise Nelligan a text … which said “Tony (Vasil) wants two top ups (at Moonee Valley) tonight, do we have enough syringes?” Gleeson said.

“She (Denise Nelligan) gave up the codeword.

“The participants knew they were cheating – Mrs Nelligan told stewards that top ups enhanced performance.

“She didn’t like it because it was wrong and it breached the rules of racing.

“She told stewards she had asked her husband not to do it."

Trainers Robert Smerdon, Liam Birchley, Tony Vasil, Stuart Webb and Trent Pennuto – and three stable employees – Greg and Denise Nelligan and Daniel Garland – have been charged with a total of 271 counts under a variety of racing rules following the detection of alleged raceday treatment of Lovani at Flemington last spring.

Gleeson tendered a 160-page submission to the Racing Appeals and Disciplinary (RAD) Board and encouraged RAD board members to read all text messages tendered.

Gleeson said the text messages were a key part of the stewards’ case.

Gleeson said another key plank of the case was Greg Nelligan being busted with the “smoking gun” of the modified syringe he allegedly used to treat Lovani on Turnbull Stakes day last spring.

“A sorry and miserable read it (the submission) is,” Gleeson said.

“Privileged people in the racing industry firing off texts about just how clever they are to be getting away with this practice of raceday treatment.

“About how happy they are to win with a ‘topped’ horse, which is a win for their dishonest system.

“Let’s not forget Greg Nelligan was caught in the act.

“It is not often a person involved in dishonest conduct is caught with the smoking gun still in his hand.

“And it is not often that incriminating texts aren’t deleted or the whole phone hasn’t gone missing.”

Birchley is the only one of the eight charged to appear in person at the Aquanita hearing.

Gleeson said it was clear why Smerdon hadn’t turned up.

“You would like to think it was shame but more likely he (Smerdon) thought turning up was completely pointless,” Gleeson said.

In his closing submission, Gleeson read out a text message from someone identified as “Greeny” to Greg Nelligan in April last year.

“Have you put your hat in the ring for the Godolphin job,” ‘Greeny’ asks Nelligan.

“Nelligan responds with three words, ‘No crooks allowed’.”

The RAD Board heard there would be no formal submissions for legal representatives for Smerdon or the Nelligans.

RAD Board chairman Judge John Bowman said any argument regarding potential disqualification of horses involved in the Aquanita case would be a discussion “for another day”.

Gleeson’s submissions, and those of legal counsel for some of the accused, will continue throughout Thursday afternoon and Racenet will update this story with further news.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-03, 06:16 PM
Defence counsel in Aquanita case questions why other trainers have not been charged
Defence counsel in Aquanita case questions why other trainers have not been charged The Melbourne County Court, where the Aquanita hearings are being held
Article Author
Ben Dorries
(https://s7.postimg.cc/8orrxrr7b/42789ea36925d32993bada954581e1c3_nelligen.jpg) (https://postimg.cc/image/8orrxrr7b/)

Alleged doper greg Nelligen former WA trainer regarded as an expert horseman until the Aquanita case.

03 May 2018
0 Comments
Tony Vasil’s legal counsel has questioned why other leading trainers and unnamed “Melbourne Cup trainers” have not been charged in the Aquanita inquiry.

Patrick Wheelahan, acting for Vasil, alleged to the Racing Appeals and Disciplinary Board that trainer 'X' and trainer 'Y' were in the “Circle Of Trust” referred to by stewards in the Aquanita case and claimed their names were in texts on the phone of accused doper Greg Nelligan.

Wheelahan said texts from Nelligan contained dialogue between he and the 'Y' stable who Wheelahan claimed were referred to in texts by an alias.

Wheelahan made the claims in his closing submission to the RAD Board at the Melbourne County Court on Thursday.

Trainers Robert Smerdon, Liam Birchley, Tony Vasil, Stuart Webb and Trent Pennuto – and three stable employees – Greg and Denise Nelligan and Daniel Garland – have been charged with a total of 271 counts under a variety of racing rules following the detection of alleged raceday treatment of Lovani at Flemington last spring.

Wheelahan told the RAD Board there were a number of references to trainer 'X' on the text messages tendered as evidence in the raceday treatment case and said “imaged evidence” of accused doper Greg Nelligan’s phone showed communication between Nelligan and 'Y'.

Wheelahan spoke of one particular text between 'Y' and Greg Nelligan.

“'Y' sends a text to (Greg) Nelligan saying thanks for what you did for us yesterday,” Wheelahan alleged.

“The so-called circle of trust is part of foundation of stewards case.

“If such an association was sufficient 'X', 'Y' and the Melbourne Cup trainers would have been charged but they were not.

“The circle of trust has become a fiction, virtue of confining it to those who have been charged.

“Why was 'X' not charged? He is part of the so-called Aquanita circle of so-called trust.”

Wheelahan said Group I trainer Vasil should be cleared of the raceday treatment charges he is facing, given “there was not one single text message to or from Mr or Mrs Nelligan to Mr Vasil.”

In an interview with stewards, trainer 'X' insisted he had never done anything wrong in relation to raceday treatment. 'X' said anyone saying anything different was a liar.

'Y' has also previously denied any wrongdoing.

At an earlier legal directions hearing of the Aquanita matter, stewards alleged there was a “circle of trust” between all those charged in the raceday treatment case.

At the time, Racing Victoria legal counsel Jeff Gleeson told RAD board chairman Judge John Bowman:

“The stewards’ case will be there was a circle of trust amongst participants, they knew and they knew others did not know,” Mr Gleeson said.

The RAD Board has now retired to consider its findings in the matter and is expected to deliver verdicts next Tuesday with any potential penalty hearings to be held later next week.

*Due to any possible legal ramifications Racenet has made a conscious decision not to name those referred to as 'X' and 'Y'.

*Comments have been turn off while this case is ongoing

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Jeunes on 2018-May-03, 08:47 PM
Any link to official transcripts regarding “X” and “Y” or is it sealed?
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-May-04, 01:50 AM
That is a pretty sensational allegation i.e. that there are people in the "Circle Of Trust" who have not been charged.

And a pretty astute defensive tactic.

I think they may need to publish the full Circle Of Trust now and comment on why and why not charges have proceeded against the Circle's membership, or if charges will be laid in future.

The clear implication that those who are bringing the charges against others may themselves be giving favoritism leaves the way open for the defence to "burn down the house" and those performing the prosecution may well be the ones who end up having to defend themselves to a hostile media.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-04, 09:24 AM
The other persons referred to by Vasil's brief Patrick Wheelahan have been named in maybe only one publication.....that I have seen .... ......they denied any involvement......and as they weren't charged....other reports..... on Wheelahan's submission focusing on debunking the circle of trust.... declined to name them on legal grounds.....as far as I know the transcripts aren't available publicly ...but any diligent search will reveal the names of those referred to if it's of interest to those sitting here in the bleachers.

RAD board don't ponder very long in coming to their decisions it is likely the decision will be made by the middle of next week.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-07, 06:59 PM
Aquanita decision due Tuesday
Andrew Eddy@fastisheddy   4:30pm
, (
The Racing Appeals and Disciplinary Board will hand down its decisions against the eight charged in the Aquanita Inquiry at 10.30am at the County Court in Melbourne on Tuesday.

Five trainers - Robert Smerdon, Tony Vasil, Stuart Webb, Trent Pennuto and Liam Birchley - and three stablehands - Greg and Denise Nelligan and Daniel Garland - all from the former Aquanita Racing share a total of 271 charges arising from investigations following the alleged race day treatment of Lovani at Flemington last October.

The RAD Board sat last week for just three days after only one of the eight charged - that being Queensland trainer Birchley - took the stand to be cross-examined.

It is expected the Board will hand down its verdict of guilt or otherwise and then set a date for later in the week for the legal counsels to prepare submissions on penalty if required.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-08, 11:21 AM
Aquanita eight found guilty
Andrew Eddy@fastisheddy   11:11am
, (
Robert Smerdon is facing a possible lifetime ban from thoroughbred racing after the Racing Appeals and Disciplinary Board on Tuesday found him guilty of 115 charges arising from the raceday treatment of Lovani at Flemington last spring.

Smerdon was one of eight people involved in the 'Aquanita Inquiry' to be found guilty by the RAD Board of charges relating to race day treatment stretching over a seven-year period from 2010.

RAD Board chairman Judge John Bowman said the Aquanita investigation revealed "one of racing's darkest chapters" involving "a sad and disturbing story" of a "long-running, systematic conspiracy to try to obtain an unfair advantage over a seven year period".

He said the Board was in no doubt that all eight people charged were involved in varying degrees to the administration of bi-carb "top-ups".

Judge Bowman adjourned the hearing late on Tuesday morning with the direction that the inquiry will reconvene on Thursday, where the board will hear oral submissions on penalties.

None of the eight people charged were present at the County Court in Melbourne when Judge Bowman handed down the Board's verdict.

Five trainers - Robert Smerdon, Tony Vasil, Stuart Webb, Trent Pennuto and Liam Birchley - and three stablehands - Greg and Denise Nelligan and Daniel Garland - all from the former Aquanita Racing shared the 271 charges arising from investigations following the alleged race day treatment of Lovani at Flemington last October.

The ground-breaking inquiry began last week but lasted just three days as only one of the charged - Queensland trainer Birchley - took the stand to be cross-examined.ENDS

No reasons for decision on the RAD board site at present so the above report is all there is for the time being.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-08, 05:41 PM


This is hardly a surprize -- the unanswered questions relate to no positive swabs and whether bi-carb top-ups are fairly considered treatments when it is a sensible dietary supplement like others that are permitted on race day.

The matter does not reflect well on RVL or racing more generally.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-08, 07:33 PM
https://cdn.racing.com/-/media/rv/2018-rv/rad-board/findings-and-appeals-documents/may/2018-05-04-rad-board-decision---aquanita.pdf?la=en

Comprehensive reasons for decision on all 8 offenders in the judgment now posted on the RAD Board site......very damning convicted by their actions ..all that remains is the right to make submissions on penalty and for the RAD board to consider them and to decide the appropriate penalty Smerdon and Nelligen look like getting life maybe lesser penalties for some of the others just an opinion.

"Conclusion
275 The Aquanita case represents one of the darkest and longest chapters in the history of
the Australian turf. There is a litany of brazen attempts to cheat and to obtain an
unfair advantage over many years by a well organised team. Whether there were
attempts at or the actual carrying out of the illegal provision of substances, we find
each of the persons charged guilty. We are comfortably satisfied that each breached
280 AR 175(a) in that each has been guilty of dishonest, corrupt, fraudulent, improper or
dishonourable action or practice in connection with racing.

 We also find Gregory Nelligan and Mr Smerdon guilty of the other offences with which they are charged.
This brings to an end the first part of this very sad and sorry tale. We will hear pleas
in relation to penalties on Thursday next and will endeavour to hand down such
285 penalties on that day"

Giddy Up :beer:
[/b]
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-08, 08:26 PM

If you could bothered to answer a question to you, try this one

Why would a trainer give " a bit on antacid" to a horse on raceday?

Still waiting Peter
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-09, 05:46 AM

Time for some commonsense

The Aquinata-8 have apparently breached a discretionary rule of RVL about raceday treatments.

It is not the darkest hour or anything like it and punters will take no notice of the finding.

........... punters have much more pressing problems with the business of racing in Victoria.

The description of the offence took  a new twist with the addition of the word 'tripart' to the established 'bi-carb'.

Tripart is apparently a commonly used additive comprising 'potassium' and 'magnesium'  -- and it reminded me that, when participating in marathon runs, it was routine and essential to take those supplements to avoid cramping -- and a bit of antacid and ventolin also helped.

I did not regard those supplements as 'treatments' to be proscribed but rather as preventiives  sensibly prescribed.

Overall, one rarely come across nonsense at the level displayed in this matter -- and no connection has been illustrated to show that the horses known to be 'topped up' actually performed better than otherwise expected.

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-09, 07:31 AM
Thank you for ALMOST  answering the question
In short you agree that the horses s were treated to improve performance that’s why they were treated

Salbutamol, marketed as Ventolin is a medication that opens up the medium and large airways in the lungs thus making it easier to run further, harder and faster

That’s performance enhancing  :bulb:

Tripart also performance enhancing as it is the essential chemical for muscle contraction, releasing energy when it is broken down to ADP. The aspartates improve endurance by decreasing blood lactate and ammonia, thus delaying fatigue.

To artificially improve endurance and delay fatigue is performance enhancing  :bulb:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-09, 04:29 PM




.................and also incredibly sensible for man and beast............stupid not to

Provided the limits on substances are not exceeded there is no problem.

RVL is looking incompetent when it needs to find a phone with 10yr old records to wake up to what may have been done and charge revealed  'offenders' with what when there are no swabs or evidence that the horses performed better than expected.

It is hard to believe that this saga has run on as it has with no accepted foundation.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-09, 05:59 PM
Hall of Fame trainer Lee Freedman has claimed all performances by Robert Smerdon-trained runners should be called into question in the wake of the Aquanita doping scandal.

Smerdon was on Tuesday among eight people found guilty of 271 counts of breaching racing's rules by being party to the illegal raceday treatment of horses.

Aquanita eight including Robert Smerdon found guilty by RAD Board

Freedman made his comments via Twitter after taking umbrage with the Herald Sun describing Smerdon as a 'legendary horse trainer'.

"Legendary? ALL performances called into question after conviction of illegal raceday treatment over years and years? Tommy Smith is legendary. Please," Freedman tweeted.



"Trouble with some trainers (is) they are 'mates' with people who cheat to beat them," Freedman went on to say.

Freedman's honest take has been applauded by many racing fans and participants, with his comments a far cry from the now infamous 'last supper' photos that circulated on social media soon after the scandal broke.

The photos showed several Caulfield-based trainers sharing lunch with Smerdon and Stuart Webb, leading to accusations of condoning cheating - accusations that were strongly refuted by Mick Price in particular.

"I think it's great they've been caught," Price later said.

Danny O'Brien has also weighed in on Twitter, with the Caulfield trainer suggesting the owners of Merriest - a horse he trains - were "defrauded" when she was beaten by Smerdon-trained mare Now Or Later in last year's Blazer Stakes.

"Hopefully the owners of Merriest were the last one's [sic] to be defrauded by Aquanita. Real shame Smerdon's phone was not imaged at the same time as Nelligan's. We may have got the whole story," O'Brien said.



O'Brien was caught up in Victoria's recent long-running cobalt saga but was cleared of the serious charge of administration.

He was found guilty of presenting horses to the races with levels of cobalt beyond the legal threshold and his punishment was an $8,000 fine.

Smerdon, who handed in his trainer's licence in March, could face a life ban when the RAD Board imposes penalties on all guilty parties on Thursday.

The disqualification of any horses illegally treated will also likely be discussed at the hearing.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-09, 06:08 PM
The above piece was by James Lamb of Punters.com

Racing Victoria's job not done yet according to Lee...."more high profile cheats to catch yet".
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-09, 06:19 PM

.................and also incredibly sensible for man and beast............stupid not to


No one’s surprised Pete that you condone and encourage cheating.

Self centred grub :tin:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-09, 09:58 PM


.......within limits, wily, within limits

[.....your credibility with me has worn so thin that you may need to apply for additional credit. My credit manager is Helen Wait and, for a credit extension, please go to Helen.]
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-10, 06:29 AM


................... have others been waiting for the FBI to comment on the Smerdon matter?
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-10, 07:37 AM
I'm sure most here would rather hear what the FBI have to say rather than reading your comments on the matter Peter.

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-10, 08:53 AM
Sometimes it's quite entertaining to read the views and responses detailed hereunder which reminds me of a passage I read in Order In The Court or Misleading Cases of the witness who is giving evidence.....  which the other side didn't want to hear...the barrister piped up "That's only your opinion!".....the witness..."Everything I say is my opinion"  Everyone has one ....an opinion......some are more fanciful than others.....you listening.  :lol:  

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-10, 04:24 PM
Smerdon, Nelligans banned for life
Andrew Eddy (@fastisheddy) & Luke Sheehan (@LukeDSheehan)   2:23pm

Trainer Robert Smerdon has been disqualified for life by the Racing Appeals and Disciplinary Board, as the penalties for the Aquanita Inquiry were presented at Melbourne's County Court on Thursday.

Smerdon, the most prominent of the eight industry participants found guilty of serious charges under the Australian Rules of Racing, was said to be 'the major driving force behind the scheme', and Judge John Bowman rued the 'sad' state of affairs when dealing out the lifetime disqualification to the fourth-generation trainer.

Smerdon may also face a further financial sanction, with his legal counsel, led on Thursday by Mr Tim McHenry, to submit details on his financial situation within seven days, and Racing Victoria stewards have a further three days to respond to that being put forward.

In addition to Smerdon's sanction, for their involvement, Aquanita employees Greg and Denise Nelligan were also disqualified for life.

Licensed trainers Stuart Webb (four years), Tony Vasil (three years), Trent Pennuto (two years) and Liam Birchley (one year) were also handed hefty disqualification periods.

Stablehand Daniel Garland was also disqualified for one year for his involvement.

UPDATE: Earlier in the day the RAD Board confirmed a decision on penalties would be handed down at 2pm for the eight people found guilty in the Aquanita Inquiry, after hearing submissions from involved legal parties at Melbourne's County Court.

The most pertinent point of the morning's penalty submissions was the legal argument around the possibility of a fine in addition to disqualification for Smerdon.

Racing Victoria stewards' legal counsel Jeff Gleeson, QC, had raised their demand for a minimum disqualification period of life for Smerdon plus a $100,000 financial sanction, however, McHenry expressed his surprise as the 'prospect of a fine has never previously been mentioned'.

McHenry further added that it 'captures me somewhat surprised', would be 'entirely inappropriate', 'completely premature' and 'potentially disastrous' for Smerdon.

Judge Bowman later put it to Gleeson regarding the proposition of a fine, and the potential tabling of Smerdon's financial situation, to which he submitted: "It's not a matter you should take into account, but if you do, we don't resile there should be a fine nonetheless."

He added: "One is a fine directly attached to his conduct. Another would be a civil consequence of his conduct. They are two very different things."

That comment regarding potential 'civil consequence' lies in the prospect of potential prizemoney redistribution regarding disqualification of horses - a matter Judge Bowman had earlier declared would not be handled directly on Thursday.

RV had called for a lifetime ban and a $100,000 fine for Smerdon at the opening of penalty submissions in the Aquanita Inquiry in Melbourne on Thursday morning.

Gleeson told the RAD Board that 63-year-old Smerdon was at the head of Australia's largest-ever doping scandal and as such should never be allowed back into the industry.

Gleeson also called for the RAD Board to impose life bans for Greg and Denise Nelligan for their part in 'perhaps the most serious offence in racing or any sport'.

The other five found guilty - Webb, Vasil, Pennuto and Birchley as well as Garland - should receive five-year disqualifications, the RAD Board heard.

Gleeson told the RAD Board the eight who were charged and earlier this week found guilty should be sanctioned on the basis their actions have 'individually and collectively cast a shadow over the entire racing industry'.ENDS

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-10, 05:16 PM
I've heard rumblings or grumblings that some punters are advocating the disqualified persons should be jailed ...... IMO that's hardly  likely ....despite the tough talk of racing minister Martin Pakula..... although through him   if he was so minded the Crown could decide to prosecute those involved...and while there have been prosecutions for ring ins and more recently live baiting....which resulted in jail time .......it's a long time since horse racing participants have been charged with criminal offences for  breaking the rules of racing.....if the authorities put their mind to it they could possibly argue  Smerdon & the Nelligans and to a lesser extent the other licensees could face criminal conspiracy charges or fraud but what would it be likely to achieve ......the ring leaders  been banished from the only life they've known and the others are outed for various periods.....much lesser time than Gleeson QC argued for.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-10, 10:12 PM


Dark shadows and more draconian penalties?

I do not think so -- RVL would not want any of this nonsense to go near a civil court.

Dark shadows for some are a light of commonsense for others.

........... all revolutions start with a little, well-reasoned , disrespect for authority and the authorities try to run a tank over it.

It is unlikely that the 'on the day rule' would pass muster in a civil  roundup that included 'no swabs' and only stewards discretion determining 'what is a treatment' and the relevance of 'on the day' when other horses in the same races may well have had naturally higher retained  bi-carb readings.

There has been more than the usual flow of official bluff and bluster in this matter while the 'offenders' have said nothing -- and it is very likely that the (not) free-press have been encouraged to ramp it up.

I would love to see this debate go to a civil court -- check with RNSW.

Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-10, 10:47 PM








 'offenders' have said nothing --


Liam Birchley said something ........something completely unbelievable.
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-11, 07:11 AM


Go back to when this story broke

.......... it was beyond comprehension that a group of respected trainers would have offended ............ unless they had good and fair reason to do so.

It is clear enough that the 'one day' rule was breached -- but this is relevant only if it is also accepted that the RVL stewards were entitled to impose such a discretionary rule in the first place.

Clubs and members are entitled to make whatever rules they like -- but when a discretionary rule impedes the reasonable exercise of professional expertise in the business of earning a living, then the  criteria for assessing the rule and its enforcement can be very different.

............. the Aquanita8  may be the ones that bring this matter to a civil court and an always-planned intention to do so may be the explanation for silence of 'offenders' not wanting to waste time in private RVL tribunals where they were clearly at a disadvantage if the 'one day' rule was the basis of the charges rather than the consequence of breaking it.

What price a snowballs chance in hell of Robert Smerdon being back on the job in 2019?

Title: Doping Scandal Investigation in Victoria
Post by: arthur on 2018-May-11, 08:20 AM
What price a snowballs chance in hell of Robert Smerdon being back on the job in 2019?

That IS a price . .

And the right one . .

And drifting . . .
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-11, 09:14 AM
Just another point of view contrary to the description "discretionary rule" opined by Peter Mair..the rules are not discretionary you can't please yourself which rules you'll abide by or those you'll ignore ..like the Rules of Golf which I'm familiar with .....the difference in golf is if you break a rule you penalise yourself .......I don't doubt that some players don't..they're cheats and their reputation suffers...we don't like playing with cheats.

In the Aquanita case the rules are universal the letters AR means they are the Australian Rules of Racing and apply throughout the Commonwealth LR before a rule indicates a Local Rule...which may or maynot apply in the other States...a good example is the Local Rule brought in in Victoria after the Neville Clement's case where he was found not to be bound by the Rules of racing as he was not a licensed person ...... the judge held the rules were "CONTRACTUAL" and as a non licensed person Clements did not consent and was not bound by them......but as mentioned by Judge Bowman in striking out Smerdon's claim that he is not bound by the rules as he is no longer a licensee.....RV adopted a Local Rule to fix the gap that existed in Clements' case...but in Qld RQ has not followed suit..so if Clements or anyone else were to find themselves in the same position that Clements was in they would be safe .......exempt from the Rules of Racing ..until RQ wakes up and follows RV's lead.

Peter Mair is mistaken :o

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-11, 01:18 PM
Mair is not mistaken. He is wrong as ususal

Aquinita broke the rules deliberately.
They were trying to cheat

Mair protecting his mates and his own self centred agenda

The question remains the same to Mair

What was Smeadon and co hoping to achieve by giving the substances to the horses
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-11, 05:38 PM

A little discretionary diversion

There is no question about the 'race day' rule being in place and it being akin to a contractural term oif the implied contract participants have with racing administrators.

In the normal course the rule is a good one and the industry enforces it -- this notwithstanding that there is almost no detected breaches of swab limits across thousands of samples.

Trainers -- including the Aquinita8 -- would be stupid to present a horse to swab positive and we kniow that the 8 are not.

The issue here is about the 'race day' rule and whether it alone can be the basis of denying a right to work in a chosen profession -- I think not.

The situation with bicarb and tripart is complicated by the reality that both  (as well as lasix and bute et al) can be used provided that on race day the concentrations are below agreed limits (including zero)

It is in this broader context that the observance and enforcement of the 'race-day' rule have an element of discretion which it may be argued is different when innocuous substances like bicarb and tripart are used in quantities that do not breach agreed limits.

There has been no suggestion in this matter of using bicarb to hide illicit substances.

To illustrate with a triviality  -- a rule may deny trainers wearing red sox the right to present a horse to race -- and it could be enforced up to a point within the industry.

However if an infringement were to result in a trainer being denied a right to work, a broader legal framework might be engaged to preclude that.

The industry gets considerable protection from the likely cost of taking a civil action but it is likely in this case that it would be considered a just cause.

........to go back to an earlier point, if any 'treatment' had been given before the cutoff time but in a way that delayed the effect til race day, then the relevant test would be about breaching the race day swab limits and that test was presumably passed on all occasions.

In a way the debate is about the determined pursuit of an action on the day not the consequences of the action that the rule is intended to preclude.

[So far, in what looks like a game of lay down misere, there is only one player at the table and all his cards have been played bar one -- evidence that the horses suspected of being treated actually performed better than expected (presumably none). The moot point is about the game being moved to a different table and some different cards being played. It would be a pity to see RVL 'win' simply because the 'offenders' cannot afford toplay their hand.]

Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-11, 06:57 PM
Racing.com is way ahead of the rest of the pack publishing the RAD board's decisions on penalty separate from the decision handed down on Thursday.......the disqualification of Birchley & Vasil et al  is to be determined by submissions of the parties...... they are not permitted to start any horse after 10th May.

 https://cdn.racing.com/-/media/racing/files/rad-board-decison-on-penalty---aquanita-10-05-2018



Mr Liam Birchley. We have left Mr Birchley until last because whilst he
had been an Aquanita trainer until 2011, thereafter he was independent of that
organisation and was not part of the hierarchy of corruption.
 He was based in Brisbane. However, as described in our decision of 8 May 2018, he kept up his
contact with Gregory Nelligan. Between 2011 and 2015, on three occasions he
.Aquanita 10.5.18 P-7
Spark and Cannon engaged in conduct involving top-ups.
 This was not as a member of the team
that was operating, but as someone who requested and used top-ups supplied
either by that team or by Gregory Nelligan, possibly when freelancing. Each
of these instances occurred during the spring carnival, and the last on
Melbourne Cup Day. At least on that occasion he specifically contacted
Gregory Nelligan in order to get a top-up.

We also note that Mr Birchley has for all intents and purposes an unblemished
record. He is a prominent Brisbane trainer, with in excess of 60 horses in
work. A period of disqualification will hit him hard. He may not have been
part of the inner circle, he may have been outside the tent, but these are serious
matters and constituted conduct in breach of AR 175(a). For that breach,
Mr Birchley is disqualified for one year.


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-11, 07:33 PM
Despite Mairs claims it’s clear that he administration of the drugs to the horses was to boost race day performance

They cheated. End of story
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-May-15, 06:42 AM


No chance of RVL going back and investigating bets on Smerdon horses

The Smerdon stable was a betting stable -- and the bets would have gone on when the insurance was a top-up for one that had been got ready anyway.

...................so, what would an investigation find ......that horses with stable confidence were backed!

I will believe stories about stewards investigating betting when I see one example of what were clearly rorts exposed by a stewards investigation.

.........the whole game is run on the basis that connections can smoke one in and clean up without any  even sidewasys glance at the set-up and the associated insider trading.

Tell me the last time a plunge punter was asked 'what did you know' and 'who toldyou' ?

Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-May-15, 07:32 AM
Do you want an answer to that question?
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-15, 09:17 AM
Doping ring’s $3m windfall
LEO SCHLINK

BANNED: Robert Smerdon.

ROBERT Smerdon could have amassed more than $3 million in prizemoney with doped winners, as the Racing Appeals and Disciplinary Board considers imposing a $100,000 fine on the rogue trainer.

Disqualified for life as the Aquanita doping ring mastermind, Smerdon has been convicted of being party to 115 counts relating to race-day treatment using sodium bicarbonate “top-ups”.

Of the 115 counts, The Courier-Mail has identified 54 occasions when winning horses appear to have been treated by float driver Greg Nelligan on Smerdon’s orders.

Nelligan and his wife Denise also have been disqualified for life. Five others – trainers Stuart Webb (four years), Tony Vasil (three years), Trent Pennuto (two years), Liam Birchley (one year) and stablehand Danny Garland (one year) – have also been sidelined, subject to possible appeal.

Smerdon’s lawyer, Tim McHenry, described Racing Victoria’s push for a fine as “completely premature”.

He argued that the demand for the fine and the prospect of civil court action against Smerdon, could have a “potentially disastrous financial outcome” for the veteran trainer.

Text message exchanges between Nelligan and Smerdon reveal hundreds of races were targeted by the pair and, more broadly, the so-called “circle of trust”.

Suspect victories have been uncovered in Group 1 level contests at Flemington and Rosehill to country maidens.

In total, successful Smerdon runners suspected of being illegally treated between June 2010 and June 2016 earned $3,460,877. This figure does not include stake money for minor placings and lower finishes.

McHenry last week claimed Smerdon owned no property and, at 63, was not yet able to access superannuation funds.

Trainers generally earn 10 per cent of the winner’s purse.

The board is yet to reach a position on the possibility of disqualifying horses thought to have been doped.ENDS

Assuming that Smerdon has some  of his share of the  $3M stashed away and it can be discovered and assuming the RAD board decides to impose a financial penalty I pose the question how and by what means do they intend to collect it.......Smerdon is unlikely to meekly hand it over ...and the RAD board doesn't have any hold on him now he's a free agent....in these circumstances I assume he would be put on the Victorian Forfeits List and it would be up to RV to institute civil proceedings to recoup the amount of the possible fine...but as we have seen in the Qld experience very little effort is made to collect the thousands outstanding from those on the Forfeit List many have been on the FL for years while others still train and nothing ever reduces their debts.....I expect the same situation applies in Victoria and elsewhere.

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Authorized on 2018-May-15, 11:33 AM



Clubs and members are entitled to make whatever rules they like -- but when a discretionary rule impedes the reasonable exercise of professional expertise in the business of earning a living, then the  criteria for assessing the rule and its enforcement can be very different.



It seems 99+% of Training professionals are able to conduct their daily business practising their expertise without breaking this discretionary rule.

Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-May-15, 01:22 PM
Geez $100k fine PLUS life  :what:

A bit like the old days when they used to disembowel someone and show it to them before they killed them  :(
Title: Doping Scandal Investigation in Victoria
Post by: specialweek2 on 2018-May-15, 01:23 PM
Geez $100k fine PLUS life  :what:

A bit like the old days when they used to disembowel someone and show it to them before they killed them  :(
So what happens if he decides he won't pay the fine?
Title: Doping Scandal Investigation in Victoria
Post by: fours on 2018-May-16, 12:57 AM
Hmmm,

2 points :-

At 63 he should be able to access super money - more likely he does not want to for ta advanages if he waits to 65

ALL of the parties affected by less $$ as a result of his 'wins' can go after him singly or in a class action.

Fours
Title: Doping Scandal Investigation in Victoria
Post by: arthur on 2018-May-16, 11:02 AM
So what happens if he decides he won't pay the fine?

That's a good question . . and no doubt he will have had the best legal advice on this

The QRL default list is as long as your arm, and going by infringement dates, many have no intention of 'weighing in'
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-May-16, 11:52 AM
So if he doesn't pay the fine he might lose his license? Oh hang on...........
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-16, 07:20 PM
Birchley seeks VCAT stay
Andrew Eddy@fastisheddy   3:36pm
, (
Disqualified Queensland trainer Liam Birchley will front the Victorian Civil and Administrative Tribunal on Friday seeking a stay of proceedings so as to continue his career pending an appeal.

Birchley was last Thursday disqualified for one year by the Racing Appeals and Disciplinary Board for his part in the Aquanita Inquiry, where eight people were given lengthy sanctions after being found guilty of transgressing race-day treatment rules dating back almost a decade.

After the RAD Board decision, the Queensland Racing and Integrity Commission permitted Birchley seven days to move his horses and close his stable, with the proviso that he could apply for a further seven days' grace to allow him to properly utilise the appeals process.

Friday's hearing will determine whether Birchley can continue to train horses on a stay of proceedings until his appeal is heard.

As yet, none of the other seven sanctioned people with links to the former Aquanita Racing - including former trainer Robert Smerdon, who was disqualified for life - have made submissions to VCAT for a stay of their disqualification.

They were given 28 days to lodge an appeal from the day of the penalty announcement.ENDS

You would think it would be foregone conclusion that a stay would be granted .......very prompt listing by VCAT which is as it should be......I presume RV will be entitled to oppose his application which IMO would be tantamount to denying him natural justice.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-18, 08:08 AM
Review and Regulation List
Directions Hearings
55 King Street, Melbourne – Room 1.4

Deputy President H. Lambrick

10:00 AM     Z367/2018             Liam Birchley v Racing Appeals and Disciplinary Board

10:00 AM     Z383/2018             Mr Tony Vasil v Racing Victoria Limited

Maybe the others have decided to pack it in ...should be a shoo in for Birchley RAD board dunno about Vasil... going for RVL ..we'll know the outcome soon enough.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-May-18, 09:53 AM
 I think Birchley will have little chance.....he was a complete embarrassment to himself under questioning and doesn't deserve a stay.

Tony Vasil should have challenged the show cause notice at the beginning if he felt he was wrongly accused.........seems like he waited to see what evidence RV had against him.

Title: Doping Scandal Investigation in Victoria
Post by: sobig on 2018-May-18, 01:39 PM
latest


Ben Dorries
‏Verified account @bendorries76
1h1 hour ago

Liam Birchley WINS a stay of proceedings at VCAT re Aquanita case - can train until his his appeal against one-yr ban is heard
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-18, 07:45 PM
Stays granted for Birchley, Vasil
Andrew Eddy@fastisheddy   1:15pm
, (
Former Aquanita trainers Liam Birchley and Tony Vasil have both been granted stays of proceedings to allow them to continue training pending the hearing of their appeals against disqualifications to the Victorian Civil and Administrative Tribunal.

VCAT Vice President Heather Lambrick gave the orders on Friday that both trainers were entitled to attempt to clear their names, after Vasil was given a three-year disqualification and Birchley a one-year ban last week by the Racing Appeals and Disciplinary Board.

The Queensland Racing Integrity Commission confirmed on Friday afternoon that it would abide by the VCAT ruling, allowing Birchley to continue to train until the outcome of his appeal in Melbourne.

As part of his submission on a stay for Vasil, his legal counsel Patrick Wheelahan said his client agreed to conditions that he was willing to train under the former arrangement with Racing Victoria where it held all prizemoney percentage earned by him until the case is determined finally.

If he is found guilty, he will forfeit all his trainer's percentage earnings.

Earlier the tribunal heard that the RAD Board's reasons for its decisions regarding the 'Aquanita Eight' were 'unsophisticated' and involved a 'demonstrable error' regarding the actual administration of bi-carbonate.

Michael Grant-Taylor, who is representing Birchley, told the tribunal that RV's evidence of an actual administration of bi-carb was 'scarce' and that the RAD Board had erred in that respect.

Wheelahan agreed with Grant-Taylor's description of the RAD Board's reasons for the decisions, describing them as 'pithy' and 'wholly inadequate'.

He said the RAD Board had decided Vasil, who was present at Friday's application hearing, was guilty despite there not being a single text message from the trainer proving his involvement.

Wheelahan said the RAD Board relied on the text messages from Greg and Denise Nelligan, who he said were 'untruthful' and 'unreliable persons'.

Lambrick said she noted the case and evidence against Vasil was 'more circumstantial' than that of Birchley.

Jeff Gleeson, QC, representing Racing Victoria, said both applicants presented 'hollow submissions' and one that did not deal with the fact they were disqualified largely under 175 (a), which deals with dishonourable and corrupt conduct.

Gleeson said that whether the administration of bi-carb was actual administration or attempted administration still amounted to 'dishonourable conduct'.

Lambrick indicated a directions hearing for the appeals would be held in about four weeks.

Vasil and Birchley are the only two of the eight persons disqualified in last week's Aquanita ruling to seek a stay pending an appeal, but the other six still have until the second week of June to lodge an appeal.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-May-25, 06:34 PM
Victoria 25 May 2018
RACING APPEALS AND DISCIPLINARY BOARD
(Original Jurisdiction)
Racing Victoria Stewards
v
Mr Robert Smerdon, Mr Gregory Nelligan, Mrs Denise Nelligan, Mr Liam Birchley,
Mr Tony Vasil, Mr Stuart Webb, Mr Daniel Garland & Mr Trent Pennuto
FURTHER DECISION
Judge Bowman Chair
Mr B Forrest Deputy Chair
Mr G Ellis Member
1. Commencement dates of disqualifications.
The disputed dates of commencement of disqualification periods for Messrs. Webb, Garland and
Pennuto are now agreed to be as follows:-
5 Messrs. Webb and Garland 15 January 2018
Mr. Pennuto 10 May 2018

2. Imposition of a fine on Mr.Smerdon
Having considered the written submissions, we are of the view that a fine should be imposed on Mr.
10 Smerdon. We fix that fine in the sum of $90,000. We appreciate that the maximum fine available
pursuant to AR196(1) is $100,000. We agree that Mr.Smerdon should not be seen as simply retiring
and just "walking away", the message that he effectively passed on in a media interview well before
the hearing of the Aquanita case had even commenced. Some additional and substantial penalty
should be imposed.

Appearances Counsel Solicitors
For the stewards Mr J Gleeson QC
with Mr D Bennett
Minter Ellision

For Mr R Smerdon Mr T McHenry

For Mr G Nelligan and Mrs
D Nelligan
No appearance

For Mr L Birchley Mr M Grant-Taylor QC Mr T Schultz
For Mr T Vasil Mr P Wheelahan Mr T Hannebery
For Mr S Webb Mr T McHenry
For Mr D Garland Mr T McHenry
For Mr T Pennuto Mr G Croxford
2
15 Racing Victoria Stewards sought a fine of the maximum permissible amount of $100,000. We agree
that it should be a figure very close to the maximum, but we suppose that even more reprehensible
conduct could be imagined or might arise. However, Mr.Smerdon's conduct must be at least close to
deserving that maximum figure.

20 We have taken into account the material supplied by Mr.McHenry as to Mr. Smerdon's financial
position. We have also borne in mind that the seeking of a fine, much less the maximum fine,
apparently came somewhat "out of the blue" at the end of the submissions on behalf of the Stewards.
In all the circumstances, we are of the view that a fine of $90,000 is appropriate and we order
25 payment of it. The stewards have indicated some preparedness to discuss terms of payment and we
trust that these can be resolved.ENDS

I doubt that Smerdon will be in any hurry to cough up $90K if this follows the normal course of events he'll be placed on the Forfeits List and like others before him especially in QLD he'll be there forever RV could seek to recover the debt assuming he has the funds.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jun-04, 08:37 PM
RV considering Aquanita appeal?
James Tzaferis James Tzaferis@Jtzaf   6:25pm

Racing Victoria CEO Giles Thompson hasn't ruled out an appeal by his stewards to increase the penalties handed down to those involved in the ongoing Aquanita scandal.

Speaking on After The Last on Monday, Thompson confirmed Liam Birchley and Tony Vasil had already lodged appeals to VCAT and said all remaining parties, including RV, had until Thursday to follow suit.

Trainer Robert Smerdon, as well as stable employees Greg and Denise Nelligan, was disqualified for life by the RAD Board last month while Stuart Webb (four years), Vasil (three years), Trent Pennuto (two years) and Birchley (one year) were also handed hefty disqualification periods.

"The clock stops ticking on Thursday for the time to appeal," Thompson said.

"We're aware of two appeals but we'll wait to see what happens in the next few days because I don't want to anticipate what happens with the others.

"The clock is also for us, if our stewards want to appeal around the penalties that were handed down.

"It's up to the stewards to determine whether they are happy with the penalties that were handed down."ENDS

Goodness gracious stewards unhappy with penalties what a waste of space .....they're either in or out ... he's just a  big bag of wind.

Giddy Up :beer:




Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Jun-04, 10:14 PM

We saw GT on TV-- like Manuel, he made a good impression of a waste of space with no credibility.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jun-07, 06:46 PM
Racing Victoria has filed an appeal seeking an increased penalty for Liam Birchley the brief report I saw ..... which isn't on RV's website .....states the basis of their appeal is Birchley's sentence of 12 months is too lenient.....no word of any appeal against the sentence given to Tony Vasil.


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jun-16, 08:23 PM
Smerdon is reported to be applying to VCAT as is  Stuart Webb...on the opposite side  RV  intends to vigorously defend the stewards decisions.... IMO Smerdon would be unlikely to win but he could get a reduction from life and maybe be relieved of the obligation to pay the fine of $90K just a guess.

Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jun-18, 08:33 PM
VCAT delay on Aquanita appeals
Kate Watts@katewatts_   4:38pm
, (
The Aquanita doping saga looks set to continue long into next season with a hearing date for the appeals of the four disqualified trainers still to be set.

The Victorian Civil and Administrative Tribunal at a directions hearing on Monday for banned trainers Tony Vasil and Liam Birchley, ruled that a further directions hearing late next month was needed to deal with the subsequent appeals from Robert Smerdon and Stuart Webb.

Legal representatives for the four trainers will now come together at a further directions hearing on July 25.

The four trainers were among eight people with links to the former Aquanita Racing to be disqualified on race day treatment charges.

Jeff Gleeson QC, representing Racing Victoria Limited, suggested the joining of the four appeals, exclaiming that "we think that's sensible".

A directions hearing had been scheduled for both Smerdon and Webb's appeals on July 9 but all parties agreed to vacate this date in order to combine the four Aquanita appeals on July 25.

This extension of the directions hearings was also proposed to allow adequate time for witnesses in these cases to be summoned.

VCAT Senior Member Anna Dea said that she had granted this time because of Racing Victoria's "suggestion that witnesses might be difficult to locate or difficult to serve" in this case.

Dea also declared that applications to witness summons must be taken by July 2.


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Jun-20, 07:58 AM
VCAT delay on Aquanita appeals
Kate Watts@katewatts_   4:38pm
, (
The Aquanita doping saga looks set to continue long into next season with a hearing date for the appeals of the four disqualified trainers still to be set.

The Victorian Civil and Administrative Tribunal at a directions hearing on Monday for banned trainers Tony Vasil and Liam Birchley, ruled that a further directions hearing late next month was needed to deal with the subsequent appeals from Robert Smerdon and Stuart Webb.

Legal representatives for the four trainers will now come together at a further directions hearing on July 25.

The four trainers were among eight people with links to the former Aquanita Racing to be disqualified on race day treatment charges.

Jeff Gleeson QC, representing Racing Victoria Limited, suggested the joining of the four appeals, exclaiming that "we think that's sensible".

A directions hearing had been scheduled for both Smerdon and Webb's appeals on July 9 but all parties agreed to vacate this date in order to combine the four Aquanita appeals on July 25.

This extension of the directions hearings was also proposed to allow adequate time for witnesses in these cases to be summoned.

VCAT Senior Member Anna Dea said that she had granted this time because of Racing Victoria's "suggestion that witnesses might be difficult to locate or difficult to serve" in this case.

Dea also declared that applications to witness summons must be taken by July 2.


Giddy Up :beer:

Interesting that Julian Gleeson QC and (Senior) VCAT member Anna Dea see fit to have themselves quoted in the media.

Do the legal representatives of the other side concur? Was comment sought from them?

We all know that drawing out a legal process benefits those who are not paying for legal representation out of their own pockets.

Very "empowering" being able to pay the lawyers by just instructing the Accounts Payable section to pay the bill.

If VCAT wants to be seen to be independent they should instruct people involved to keep their public mouths shut before the appeal, and perhaps consider paying for legal representation in cases where it is obvious that the costs will be ruinous to those charged.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Jul-12, 05:44 PM
Just noticed Annus Mirabilis is listed as deceased.

Stuart Webb was able to put close to 30 rating points on this 7 yr old gelding that was purchased from Lloyd Williams.

Sounds a bit too good to be true and of course it is and the lack of any positive swabs just shows me how far the cheaters are in front.

Unfortunately for poor Annus he could hardly get past a horse in his 3 trials for H Dwyer and disappeared  out of the picture in his one start for him........no apparent abnormalities in the stewards report.

Coincidence?...maybe or quite possibly a victim of having his blood played around with by someone not qualified enough.

RIP Annus Mirabilis....you were certainly a lot more honest than your trainer.
Title: Doping Scandal Investigation in Victoria
Post by: tontonan on 2018-Jul-12, 08:50 PM
Theanswermyfriend is still alive AFAIK but his form disintegrated when transferred to Henry Dwyer.  The horse was impressive racing on the speed and just kept finding in his previous campaigns for Robert Smerdon but when he went to Dwyer he got the stitch and folded up in his races.  It was as if he had been dropped into a vat of Lactic acid whereas he previously seemed immune to the stuff.

Funny about that. 

Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Jul-12, 09:37 PM
Theanswermyfriend  is having his first start for D.K Weir on Sat at Caulfield.

Darren seems to be able handle the build up of lactic acid pretty well in his horses  ;)
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Jul-13, 07:34 AM
I wonder how DK does that
Title: Doping Scandal Investigation in Victoria
Post by: tontonan on 2018-Jul-13, 03:29 PM
Theanswermyfriend  is having his first start for D.K Weir on Sat at Caulfield.
Darren seems to be able handle the build up of lactic acid pretty well in his horses  ;)

Let's see how he goes. 
Henry went to lengths to talk the horse down when he took him over and the horse performed accordingly. 
If DKW can turn him around I will be retiring to Warrnambool ... for the waters.
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Jul-13, 08:30 PM
 Amazing what a bit of googling can turn up!

Great Esteem was another S Webb horse who came from Snowdens off a rating of 89.

The Caulfield trainer was able to lift his rating to 101 which is probably not that suspicious although Great Esteem happens to be dead as well....at 7yrs old.

Considering the Tripart paste the Aquanita horses were given contained formaldehyde can anyone really be surprised?

What is it about the so called sport of kings that the closer you look the murkier it becomes?
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Jul-13, 09:19 PM
Amazing what a bit of googling can turn up!

Great Esteem was another S Webb horse who came from Snowdens off a rating of 89.

The Caulfield trainer was able to lift his rating to 101 which is probably not that suspicious although Great Esteem happens to be dead as well....at 7yrs old.

Considering the Tripart paste the Aquanita horses were given contained formaldehyde can anyone really be surprised?

What is it about the so called sport of kings that the closer you look the murkier it becomes?


(https://s8.postimg.cc/626pcz80h/jackie-conspiracy-theory-award.jpg) (https://postimg.cc/image/626pcz80h/)
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Jul-14, 08:57 AM

(https://s8.postimg.cc/626pcz80h/jackie-conspiracy-theory-award.jpg) (https://postimg.cc/image/626pcz80h/)
Just the response one would expect from someone who believes racing is "cleaner than ever'

Are you aware that even in 2018 EPO is still almost impossible to detect?

PP7 you might be better off on the Everest thread.

With less than 100 sleeps to go it must be getting very exciting for you.

If I can just add I always like to see the battlers get a go and Steve Hansen aside there are some battlers in the ownership of Nature Strip.

Be great if the former R Smerdon trained galloper was given a spot in The Everest.....just top the race off really.
Title: Doping Scandal Investigation in Victoria
Post by: PoisonPen7 on 2018-Jul-14, 09:32 AM
Just the response one would expect from someone who believes racing is "cleaner than ever'

Are you aware that even in 2018 EPO is still almost impossible to detect?

PP7 you might be better off on the Everest thread.

With less than 100 sleeps to go it must be getting very exciting for you.

If I can just add I always like to see the battlers get a go and Steve Hansen aside there are some battlers in the ownership of Nature Strip.

Be great if the former R Smerdon trained galloper was given a spot in The Everest.....just top the race off really.

But tell me about the death of Great Esteem. It died from formaldehyde poisoning? Is that what you are saying?
Title: Doping Scandal Investigation in Victoria
Post by: nemisis on 2018-Jul-14, 09:44 AM
But tell me about the death of Great Esteem. It died from formaldehyde poisoning? Is that what you are saying?
I don't know what Great Esteem Or Annus Mirabilis died of but I have asked Racing Vic.

Don't you wonder why S Webb's two best gallopers are now dead?

Go and look at what happened when he took over the training of them....the pattern is very similar.
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jul-25, 07:15 PM
Stablehand to appear at Aquanita appeal
Posted by: AAP+ at 3:39pm on 25/7/2018
Posted in: Horse Racing News
0 Comments
   

The stablehand at the centre of the “Aquanita eight” race day treatments case is expected to give evidence at the appeal of four trainers.

Robert Smerdon, Stuart Webb, Tony Vasil and Queensland trainer Liam Birchley’s appeals will likely be heard by the Victorian Civil and Administrative Tribunal over two weeks from December 12.

VCAT on Wednesday heard Racing Victoria will issue subpoenas to give evidence to the other four people disqualified in the Aquanita case: stablehands Greg and Denise Nelligan, trainer Trent Pennuto and stablehand Daniel Garland.

Harness racing identity Glen Tippet will also be subpoenaed to give evidence.

Stewards downloaded 70,000 text messages from Greg Nelligan’s phone, 1000 of which they relied on in evidence about “top-ups” during a Racing Appeals and Disciplinary Board hearing.

Smerdon was disqualified for life and fined $90,000, Webb was banned for four years, Vasil for three years and Birchley for one year.


The Nelligans were disqualified for life, Pennuto was banned for two years and Garland for one year.

Giddy Up :beer:

Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Jul-25, 08:18 PM


Racing Australia overreaches

Australian and state governments make the laws for Australia -- RA and RVL make private rules. 

The essence of this RA nonsense is absolute BS.

Any person subject to the Australian rules of racing who is suspected of placing a bet with an illegal operator can now have his or her phone and computer seized in a fresh assault on brazen offshore wagering operators.

Racing Australia, the lawmaking body for the country's thoroughbred racing industry, has rushed in laws to stamp out the practice, which is thought to leak hundreds of million of dollars in bets to unsolicited gambling companies, predominantly stemming from Asia.


This claim to absolute authority is absolute hubris even for licensed persons.

No one is entitled to make rules beyond challenge in the courts -- and I would hope the courts set aside the discretionary 'rules' about race-day 'treatments' that do not breach the more objective limits on swabbed contamination.
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Jul-26, 07:52 AM
Mair yet again defending the cheats in the industry  :bulb:

Peter, we can only assume you’re on the take from these people
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Jul-26, 07:28 PM

Is an under-limit dose of bi-carb a 'medication' and a 'treatment'?

“I want to make it clear that treating a horse on race day with any medication, prohibited or not without the permission of the stewards is a breach of the Australian Rules of Racing.''
Title: Doping Scandal Investigation in Victoria
Post by: wily ole dog on 2018-Jul-26, 08:11 PM
Still defending the cheats, Pete  :tin:
Title: Doping Scandal Investigation in Victoria
Post by: Arsenal on 2018-Jul-27, 09:04 AM

Racing Australia overreaches

Australian and state governments make the laws for Australia -- RA and RVL make private rules. 

The essence of this RA nonsense is absolute BS.

Any person subject to the Australian rules of racing who is suspected of placing a bet with an illegal operator can now have his or her phone and computer seized in a fresh assault on brazen offshore wagering operators.

Racing Australia, the lawmaking body for the country's thoroughbred racing industry, has rushed in laws to stamp out the practice, which is thought to leak hundreds of million of dollars in bets to unsolicited gambling companies, predominantly stemming from Asia.


This claim to absolute authority is absolute hubris even for licensed persons.

No one is entitled to make rules beyond challenge in the courts -- and I would hope the courts set aside the discretionary 'rules' about race-day 'treatments' that do not breach the more objective limits on swabbed contamination.

I think you're dreaming .....the rules of racing have legislative effect in the various states due to the Racing & Betting Act by whatever name it's called.


Giddy Up :beer:
Title: Doping Scandal Investigation in Victoria
Post by: Peter Mair on 2018-Jul-29, 09:11 PM


.......... we will see in December