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Doping Scandal Investigation in Victoria - Vic Gallops - Racehorse TALK

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Offline Arsenal

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« 2018-May-25, 06:34 PM Reply #200 »
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:


Offline Arsenal

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« 2018-Jun-04, 08:37 PM Reply #201 »
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:






Offline Peter Mair

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« 2018-Jun-04, 10:14 PM Reply #202 »

We saw GT on TV-- like Manuel, he made a good impression of a waste of space with no credibility.

Offline Arsenal

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« 2018-Jun-07, 06:46 PM Reply #203 »
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:

Offline Arsenal

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« 2018-Jun-16, 08:23 PM Reply #204 »
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:

Offline Arsenal

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« 2018-Jun-18, 08:33 PM Reply #205 »
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:

Offline PoisonPen7

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« 2018-Jun-20, 07:58 AM Reply #206 »
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.

Offline nemisis

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« 2018-Jul-12, 05:44 PM Reply #207 »
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.
« Last Edit: 2018-Jul-12, 05:51 PM by nemisis »

Offline tontonan

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« 2018-Jul-12, 08:50 PM Reply #208 »
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. 


Offline nemisis

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« 2018-Jul-12, 09:37 PM Reply #209 »
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  ;)

Offline wily ole dog

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« 2018-Jul-13, 07:34 AM Reply #210 »
I wonder how DK does that

Offline tontonan

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« 2018-Jul-13, 03:29 PM Reply #211 »
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.

Offline nemisis

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« 2018-Jul-13, 08:30 PM Reply #212 »
 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?

Offline PoisonPen7

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« 2018-Jul-13, 09:19 PM Reply #213 »
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?




Offline nemisis

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« 2018-Jul-14, 08:57 AM Reply #214 »


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.

Offline PoisonPen7

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« 2018-Jul-14, 09:32 AM Reply #215 »
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?

Offline nemisis

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« 2018-Jul-14, 09:44 AM Reply #216 »
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.


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