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Offline Arsenal

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O.P. « 2016-Nov-21, 07:19 PM »

Moodie investigation continuing

BY Adrian Dunn - @adriandunn2

1 day ago Horse Racing

David Moodie. (Pic: Vince Caligiuri/Getty)

More than one month after he opened an investigation into Racing Victoria chairman David Moodie, Victoria Racing Integrity Commissioner Sal Perna said he could not forecast when he would issue a finding.

Perna told the investigation into Moodie, who stood aside as RV chairman on October 15, is “still progressing”.

An issue was reported to Perna by the Racing Victoria’s independent Integrity Council, comprises three independent members and two RV directors.

Perna would not disclose who or what led the RV Integrity Council to inform him of the issue.

It is understood the “issue” revolves around revelations that in January last year Moodie allegedly told trainer Peter Moody, who had already received news of a cobalt positive, in a phone call that horses trained by Danny O’Brien and Mark Kavanagh had also returned positive cobalt swabs before the trainers had been informed by stewards.

“I still haven’t got an indication of when it will be finished,” Perna said.

“I still have people to talk to and still have documents to get. Some of them are easy to get, some are not.

“I will be guided by how long it takes to get phone records and things like that. I’m still in the middle of it, really.

“I can’t guess how much longer it will take.”

Perna said he has received good co-operation from everyone he has approached. Apart from telephone records, Perna has also received and examined RV Board minutes and notes.

He said he did not plan to divulge who he has interviewed as he did not want to run the investigation through the media.

Moodie, one of the state’s biggest owner-breeders, has not been seen at a race meeting since he stood aside.

During last month’s hearing at the Victoria Civil and Administrative Tribunal, trainer Danny O’Brian was asked how he knew about his cobalt positives.

O’Brien told VCAT president Greg Garde that trainer Peter Moody rang him in January 2015 to inform him that he and Mark Kavanagh had a positive to cobalt.

He said Moody told him that stewards were with Kavanagh at that moment and he heard a similar rumour that involved O’Brien also having a positive.

Asked by lawyer Damian Sheales if Moody had since told him where his information had come from, O’Brien replied: “Yes, it came from the board member David Moodie who is now the RV chairman.”

RV said in its statement last month that it would make no comment while the investigation is in progress.

Then RV deputy chairman Michael Caveny initially assumed the role of acting chairman with Michael Hirst now the interim chairman.

Quite incredible that this is still in progress and what's the likely outcome Moodie the RV Chair allegedly tells Moody the trainer something. who passes it on to Danny O'Brien hardly a serious breach ........if Moody had kept his mouth shut nobody would have been the wiser.

Perna is a plodder IMO

Giddy Up :beer:


Offline Arsenal

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« 2016-Dec-07, 05:57 PM Reply #1 »
The Moodie investigation will be concluded before Christmas according to independent integrity commissioner Sal Perna.

Perna said it had taken longer than may have been expected due to a reduction of Perna’s law enforcement powers following a change in commonwealth legislation.

He said those powers would soon be reinstated but had made it difficult to fast-track the collection of data such as phone records.

Perna confirmed the investigation into Moodie revolved solely around the information trail between trainer Peter Moody and fellow trainers Danny O’Brien and Mark Kavanagh regarding awareness of cobalt positives.

Once he became aware of the investigation eight weeks ago, Moodie stood himself down.

It is alleged Moodie told Peter Moody in January 2015 that the Flemington trainers had positive cobalt tests before those trainers had been officially informed.

One phone call from Moodie to Moody and another from Moody to O'Brien is  all there is to investigate.......what's his problem Telstra.

The time taken on this without any result isn't a strong recommendation for Perna's modus operandi......or effectiveness.

Giddy Up :beer:

Offline Peter Mair

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« 2016-Dec-07, 06:24 PM Reply #2 »

What has this guy done -- what results attest to his role or contribution?

Has anyone, anywhere,  ever conducted an inquiry into the 'insights' that some punters apparently have when 'getting on' and 'staying off' in tune with erratic performances.

Offline Arsenal

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« 2016-Dec-08, 06:06 PM Reply #3 »
Old Sal is still plodding along ....has interviewed the parties and hopes/expects to reach a conclusion before Christmas....being charitable I'm assuming it's this coming Christmas on what has been reported some undisclosed person ....but obviously party to the RV integrity findings....... told Moodie something Moodie told Peter Moody who told O'Brien and what's the offence if that's confirmed ....hardly a hanging matter......talking out of school not as though it's insider trading where one could make a profit with that knowledge. :o

Giddy Up :beer:

Offline Skybeau

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« 2016-Dec-08, 06:26 PM Reply #4 »
What's going on with the Kav/O'Brien case?

Offline sobig

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« 2016-Dec-08, 06:52 PM Reply #5 »
VCAT have now heard all the evidence and submissions in the Kav/O'Brien case and a decision
is expected "shortly' (whatever time that means)

Offline Arsenal

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« 2016-Dec-15, 08:33 PM Reply #6 »
David Moodie resigns as RV chairman

Posted by: AAP+
Filled in: Horse Racing News | 15/12/2016 at 8:28pm

David Moodie has resigned as chairman of Racing Victoria despite a finding he was not the source of a leak over positive cobalt swabs in horses trained by Danny O’Brien and Mark Kavanagh.

Moodie was named during an appeal by the trainers over their disqualifications for cobalt use as the person who told fellow trainer Peter Moody in January 2015 of their positives.

At the time Moodie was a board member but not chairman.

After he was named in the Victorian Civil and Administrative Tribunal, RV’s Integrity Council referred the matter to Racing Integrity Commissioner, Sal Perna, for independent investigation.

RV acting chairman, Mike Hirst, issued a statement after Thursday’s board meeting saying Moodie and his family had undergone a difficult time.

“In reviewing this matter the board considered a range of points, including the confidential investigation by Sal Perna. Mr Perna’s report found that David Moodie was not the source of the leak from Racing Victoria,” Hirst said.

“Given that fact, David today tendered his resignation from the Board of Racing Victoria with immediate effect to devote his energies to his personal operations,” Hirst said.

“He believes that the decision is in the best interests of himself and his family, who have been through a difficult time over the past two months.

“The board has accepted his resignation and wishes to acknowledge the significant contribution made by David to the industry.

“In light of Mr Perna’s report and our considerations, the board will now review the circumstances around the external dissemination of the information in question.”

Hirst will continue in his capacity as acting chairman with the board to discuss the chairman’s role at its next meeting in February.

Giddy Up :beer:

That's interesting according to Sal Perna's report it wasn't Moodie who talked out of school and even if he did what's the problem?

Much ado about nothing IMO

Adrian Dunn on G1X asks if it wasn't Moodie who is it?

« Last Edit: 2016-Dec-15, 09:00 PM by Arsenal »

Offline deepthroat

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« 2016-Dec-15, 09:03 PM Reply #7 »
Doesn't really sound like a glowing goodbye for Moodie even though exonerated as being 'the' leak..

Offline Arsenal

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« 2016-Dec-16, 06:23 PM Reply #8 »

RV telling porkies.

"David Moodie damned by Perna inquiry

BY Bruce Clark - @snowyclark

1 hour ago Horse Racing

Former Racing Victoria (RV) chairman David Moodie acted inappropriately in disclosing sensitive information and knowingly provided misleading information regarding those disclosures.

These are just some of the damning findings against Moodie revealed when Victoria’s Integrity Commissioner Sal Perna took the extraordinary step on Friday to make public comment on the matter that led to Moodie resigning at Thursday’s RV Board meeting.

Perna tabled his report to the RV board on Thursday that had been sparked by a request by the RV Integrity Council to look at Moodie’s action in relation to their cobalt inquiries around trainers Mark Kavanagh and Danny O’Brien.

RV’s media response on Thursday announcing Moodie’s confirmation is at odds to the findings now made public by Perna. Any reading of Perna’s statement Friday would suggest Moodie had no option but to resign and the board to accept it.

While Perna did not find Moodie to be the “leak” of RV information, Moodie resigned as chairman, but much was left unanswered and queried, sparking Perna’s surprise public intervention.

“I consider it is necessary for me to make the following information available, in the interests of preserving the independence and professionalism of my office and the integrity of my investigation,” Perna said.

Perna released details of his investigation and found issues sustained that Moodie had:

(a) inappropriately disclosed information regarding the positive cobalt swabs of Mark Kavanagh and Danny O’Brien, to Peter Moody, therefore compromising, or potentially compromising, the integrity of the RVL cobalt investigations and disciplinary and/or prosecution hearings or actions arising out of those investigations; and

(b) knowingly provided misleading and/or incomplete information to the RVL Integrity Council and/or the RVL Board regarding his disclosures.

While acknowledging Moodie was not the original leak of the information, he was able include in his findings the “probable original source of the information regarding the positive samples”.

RV Acting chairman Mike Hirst said on Thursday night “the Board will now review the circumstances around the external dissemination of the information in question”.

It is therefore incumbent on the RV board to follow Perna’s strong lead to identify the source of the leak to ensure the matter is finalised and does not fester.

Patrick Bartley, employed by The Age newspaper and interviewed by Perna as part of the inquiry, said it was he who told Moodie that O'Brien and Kavanagh had cobalt irregularities.

"I had known this information for over three weeks, although I did not receive any information from Terry Bailey," Bartley said.

"Moodie had called me to tip me off that his trainer Peter Moody was having a press conference to announce his cobalt irregularity and that I had been excluded from the press conference,” Bartley said.

One wonders if Bartley had known such information for three weeks and concerned as the possible effect of cobalt on horses, he did not make such information public.

And if Bartley’s statement is to be believed, and RV now via Perna has a strong lead to the source, and it is not Bailey, it can only be small field of options that include another member of RV’s Integrity department, a current or former member of the RV veterinary team or an independent vet.

It should be a matter wrapped up quickly if RV is to move as it should on the matter.

Already Peter Moody has debunked Bartley’s version of events. He said there was never a press conference planned, he was on good terms with Bartley at the time and his media assistant Peter Jukovsky has supplied Bartley, Moody and four other senior journalists, including’s Adrian Dunn, with a statement in advance of the cobalt finding going positive

“I did this on the afternoon before telling my owners the next day,” Moody told “So there was no press conference and I’ve never barred anyone anyway.”

Bartley said in The Age: "When Bailey's position was on the line and he was being named as a source of the leak I volunteered to the Integrity Council and then to Perna that Bailey was not the source of the leak.

"I volunteered my telephone records which supported my statement to Perna and the integrity council.

“Perna’s investigation included the interviewing of over 30 persons; the issuing of summonses for the production of documents and attendance of persons to be examined under oath by me; and collecting, collating and analysing information from a wide range of sources.

“In addition, a large volume of documents were obtained and reviewed, including telecommunications data, RVL Board and Integrity Council meeting minutes, Racing Appeals and Disciplinary Board (RADB) and Victorian Civil and Administrative Tribunal (VCAT) transcripts and RVL Stewards’ investigation files.

Giddy Up :beer:

RV statement

RV acting chairman: We acted "appropriately"

BY Adrian Dunn - @adriandunn2

27 minutes ago Horse Racing

Racing Victoria acted “appropriately” in its public disclosure of the events that led to former chairman David Moodie’s resignation and the reasons behind it, according to acting chairman Michael Hirst.

Hirst today defended the Board’s handling of the resignation of Moodie after racing integrity commissioner Sal Perna released information not relayed originally in the RV statement.

Hirst denied RV “covered up” the findings of Perna when it issued its release on Thursday evening, which noted that Moodie was “not the source of the leak” about cobalt positives to Mark Kavanagh and Danny O’Brien before the trainers were officially informed by RV stewards.

He also promised RV would instigate as soon as the start of next week an investigation as to the identity of the person within RV who leaked the highly confidential and sensitive information.

Perna today issued a statement where he found allegations substantiated that Moodie had “inappropriately disclosed information regarding the positive cobalt swabs of Kavanagh and O’Brien, to Peter Moody, which compromised or had the potential to compromise the integrity of the RVL cobalt investigations” and whatever flowed from that.

He also found Moodie had “knowingly provided misleading and/or incomplete information to the RVL Integrity Council and/or the RVL Board regarding his disclosures.”

RV did not include either of those Perna findings in its media statement.

But, Hirst said he is more than comfortable with how RV handled its public disclosure about the Perna report.

“I’m confident the Board discharged its duty to the best of our ability,” Hirst said.

“It may not be a perfect result, but I have no doubt we acted appropriately.”

Hirst said Perna had not been privy to the extensive Board discussion, which included the representations that Moodie made about the Perna report.

He said the RV Board had the benefit of the Perna report, Moodie’s representation and its own “open discussion”.

“Sal’s report doesn’t consider two of those things,” Hirst said.

“It was a report prepared by a statutory officer at the request of the (RV) Integrity Council. It is not a report prepared for the purpose of prosecution and on that basis it is difficult to put out everything that is in that report.

“Sal points to that in his report in that a lot of the information is confidential and can’t be released.”

Hirst said Moodie’s disclosure of the cobalt finding about Kavanagh and O’Brien was “no news to anyone - David has always admitted that. Everyone has known about that since January last year.”

Asked if he believed RV should have released such information in its media statement, Hirst replied: “No. Everybody knew that David did that and David himself has said ‘I could have done better’.”

Hirst said the RV Board did not have to consider the fact that Moodie had “knowingly provided misleading and/or incomplete information to the RVL Integrity Council and/or the RVL Board regarding his disclosures.”

“In my view the most important thing in Sal’s report, the thing that started it all and the thing that is the most damaging to the industry is who leaked from RVL,” Hirst said.

“The real thing is how was that allowed to happen.”

Hirst said he planned to meet with RV CEO Bernard Saundry on Monday to instigate an investigation into who the leak is within RV.

“I’ll be sitting down with him and whoever he thinks to be the relevant people within the organisation to do two things - establish a way to find out who did do it and, more importantly, to understand what processes need to change so it can’t happen again,” Hirst said.

“Anything that goes to integrity such as this is an indictment on the processes we have in place and the people who are responsible for the leak.”

 Giddy Up :beer:

« Last Edit: 2016-Dec-16, 06:27 PM by Arsenal »

Offline PoisonPen7

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« 2016-Dec-17, 08:47 AM Reply #9 »
Doesn't really sound like a glowing goodbye for Moodie even though exonerated as being 'the' leak..

Well picked!

What the freakin' hell is going on down in Victoria  :what:

Anyone who is close to the action on here know? Is there a power struggle of some sort?

Saundry comes out on Tuesday in response to trainers calling for prizemoney parity with NSW by saying that:

"I don't think it has to be an arms race," he told the media.

"The pressure is on though. That's the feedback we are getting from participants and race clubs.

"But we will not rush it. We will not take a compromised approach."

Here it is Saturday...

RV confirms Saturday boost to $100,000

Glad he didn't rush it.

If you want politically correct gobbledygook, Bernard is you man   :lol:

"The prizemoney review, which will include consultation with stakeholder bodies, will aim to ensure that our model delivers returns to owners, trainers and jockeys in a sustainable manner that gives appropriate consideration to our obligations in administering the sport."

My old English teacher would say that paragraph should be at least two sentences  :angel:

Offline Bubbasmith

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« 2016-Dec-17, 04:59 PM Reply #10 »
Way back in 2013 I wrote the following about the soon-to-depart CEO of Racing Victoria  Bernard Saundry.

On Melbourne radio this morning Bernard Saundry ,CEO of Racing Victoria, was asked his views on corporate bookies banning "perceived or actual " successful punters.Saundry defended the bookies as long as they contribute their fair share to racing. In other words whilst mug punters continued to bet and lose with the corporates  they will continue to contribute to racing and therefore he had no complaint. It was only last year when Racing Victoria,with Saundry at the helm, was party, with Tabcorp, to gouge more from double pools to align with the higher deduction rate of their co-mingling  partner WA TAB, once again at the expense of punters.
This bloke is CEO of Racing Victoria and like his fellow traveller in Racing NSW, Peter V'Landys, he shows he has no understanding of racing's life blood customers and as to why betting on horse racing is falling at such a dramatic rate whilst sports betting balloons, from which corporates contribute nothing to racing, 

Nothing much has changed with dear Bernard, since his days at the Footscray ( Western Bulldogs ) Football Club.

Offline Arsenal

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« 2016-Dec-19, 07:02 PM Reply #11 »

Search for leak begins slowly

BY Adrian Dunn - @adriandunn2

1 hour ago Horse Racing

While it has already claimed its chairman, the Racing Victoria search to uncover its cobalt mole is not expected to be finalised any time soon.

RV CEO Bernard Saundry today discussed with acting chairman Mike Hirst the embarrassing situation of who released the highly sensitive information of the cobalt positive swabs before trainers Mark Kavanagh and Danny O’Brien were officially told, which threatened to compromise the RV stewards investigation.

Both men are adamant that culprit needs to be found and frog-marched from 400 Epsom Road, but unless there is a mea culpa the probe has the potential to drag on and on and on.

What Saundry and Hirst have agreed upon is the need for the investigation to happen immediately and for it to be a thoroughly independent one.

Terms of reference for the investigation and who will take over the steering wheel are still to be negotiated.

“It has to be done and it has to be independent,” Saundry said.

So, that obviously rules out anyone from within RV being involved.

Whoever gets the gig and that may well be Racing Integrity Commissioner Sal Perna, who conducted the investigation, which led to chairman David Moodie falling on his sword, they need to root out the snitch.

And, while Moodie did not initially want to go and had support within the Board it was effectively a fait accompli given Perna’s findings.

While Moodie was not found to be the source of the leak he was found to have “inappropriately disclosed information regarding the positive cobalt swabs of Kavanagh andy O’Brien, to Peter Moody, which compromised or had the potential to compromise the integrity of the RVL cobalt investigations” and whatever flowed from that.

Perna also found Moodie had “knowingly provided misleading and/or incomplete information to the RVL Integrity Council and/or the RVL Board regarding his disclosures.”

Unlike Moodie, the cobalt mole won’t be given the chance to resign.

Clearly, Perna didn’t mask the fact that he knows the “probable” source of the leak. He said so in a release he was forced to issue last Friday when RV danced around the edges of his report when issuing its misguided media statement.

So, if Perna is not entrusted with exposing the cobalt mole – and why wouldn’t he be given he’s the appointed integrity guardian of the industry – then surely he is the first person spoken to by whoever is chosen to lead the investigation.

After all, Perna has the documents, including the tell-tale telco documents, that led him to disclose he knew the probable identity of the leak.

It would seem as good a starting point as any.

Apart from ensuring the mole doesn’t ever work again for RV, Saundry and Hirst want to ensure there is no repeat of such scandalous behaviour. You would expect that to be a given, but as we’ve seen bizarre things happen in racing, seemingly on a daily basis.

If there is an integrity crack within RV then it is nigh on impossible for the participants to have confidence in those charged with leading the industry.

RV’s standing looks like one of Conor McGregor’s opponents, such is the hammering it has rightfully copped.

Yes, the wheels are turning, but hardly at Usain Bolt-like speed.

Buckle up. If its like any of the current running probes – cobalt, Danny Nikolic, Kate Goodrich and Azkadellia – this investigation, believe it or not, it likely to have many months in front of it.

Still unsolved how serious is this really.........Moodie resigns in disgrace it looks like Saundry & Hirst want to terminate the employment of whoever it was (if an employee)who  disclosed the info to Bartley ...Bartley said it wasn't Terry Bailey... it could have been the tea lady......Perna "thinks" he knows the probable source of the leak surely he would have named the suspect in his report or is he as hopeless as the rest of them. :o

Giddy Up :beer:

Offline Peter Mair

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« 2016-Dec-19, 08:54 PM Reply #12 »

No other industry would tolerate this level of confused regulatory diffidence.

............... there is a clear message here for the Victorian government.

Offline Peter Mair

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« 2016-Dec-20, 06:12 PM Reply #13 »

Yes Virginia, there is a Santa Claus........... and today he  santa-sacked the board that ran RVL in a way that dismayed the punters.

It was just and just what I wanted for Christmas.

The sack will be going in the rubbish bin -- not to be recycled.

Offline Arsenal

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« 2016-Dec-22, 09:16 AM Reply #14 »
Patrick Bartley's story by Patrick Bartley.



RELUCTANTLY I became an actor in the long-running drama that is the Victorian racing cobalt case for one simple reason: I could not stand by and watch a chain of mistruths, half truths and equivocal statements go unchallenged.

I could not stand back and see an innocent person - chief steward Terry Bailey - become a victim of innuendo and have his record besmirched by gossip and worse as those at the heart of the investigation sought to muddy the waters and evade responsibility in a case that has already dragged on far too long.

And that is why I have outed myself as a key player in the saga of the now former RVL chairman David Moodie, the former trainer Peter Moody and the two other trainers at the heart of the cobalt probe, Danny O'Brien and Mark Kavanagh.

I was the man who told Moodie that the two latter trainers were facing cobalt charges and led to the chain of events that saw him stand down and be fingered on Friday by Racing Integrity Commissioner Sal Perna as the person who tipped off Moody that his two former colleagues were likely to face charges.

An RVL press release issued late on Thursday night sought to provide Moodie with cover, saying that he was not the "prime source" of the leak about Kavanagh and O'Brien.

He might not have been, but he certainly revealed that information subsequently, having been told of it by me.

This is the chain of events, and how I became a protagonist in a scandal that has already claimed two high-profile figures and is yet to play out.

Leading up to Christmas in 2014 I was given explosive information that Caulfield-based Moody, the man best known for his deeds with the unbeaten mare Black Caviar, and well-known Flemington trainers O'Brien and Kavanagh, were all being investigated for cobalt irregularities.

I was entrusted with this information a little over three weeks before Moody's situation was made public.

The condition for me receiving this material was that I would never release the details until they became public knowledge. I was reminded that the investigations were on-going and sensitive and if any inkling of this material was made public it could well abort any inquiry.

Early in January 2015, I received a phone call from RV board member Moodie, a confidant of mine, who told me that Peter Moody had excluded me from a press conference he was having at the time declaring his innocence to a cobalt irregularity.

I had discovered that a select group of journalists, who would be favourable to Moody's cause, were hand picked to report this matter.

I rewarded Moodie's tip-off by essentially trading information with him, telling him that his trainer Moody was not the only one with the serious cobalt issues and that he would be joined soon by Kavanagh and O'Brien.

I assumed David Moodie, in his position as a board member, would understand the sensitivity of such privileged information.

As the cobalt situation evolved I was concerned that some sources at Racing Victoria were reporting that chief steward Bailey was in danger of losing his job because he was being wrongly accused of being my source inside RV.

I was aware that a core of the media were frantic to tarnish Bailey's reputation and target me at the same time.

Bailey was never my source and I could not let him be wrongly convicted, thereforeI volunteered to make a statement to the integrity council and then subsequently to racing integrity commissioner Sal Perna's investigation.

And in doing so I forwarded my telephone records and any other information requested by Perna.

So while Moodie would appear not to be the prime source of the leak to Moody and other people, including me, had possession of this information - some for as long as three or four weeks - none of these other individuals tipped off the trainers under investigation.

Moodie's tip off to Moody, who then warned O'Brien and Kavanagh, no doubt damaged RV's integrity department's investigation.

Kavanagh and O'Brien were warned by Moody before the stewards raided them. This had the potential to allow these two trainers to prepare an explanation for the elevated cobalt readings shown by their horses, or dispose of sensitive evidence.

The stewards' element of surprise, an important part of any investigation, was lost.

There was little doubt that critical evidence was disposed of. At the RAD board hearings into the cobalt cases we heard that Dr Tom Brennan - O'Brien and Kavanagh's vet - disposed of his cobalt containing a "special vitamin mix" in a dump master at Flemington racecourse.

Acting RV chairman Mike Hirst said on Thursday "that in light of Perna's report and our considerations the board will now review the circumstances around the external dissemination of the information in question".

This is fine, and the source of the leak is an important consideration.

However, of greater importance is who leaked the information to the trainers under investigation.

From the sworn evidence given at the VCAT and RAD board hearings, this conduit was RV board member Moodie to Moody, who was already under investigation for cobalt.

This highlights that it is not necessarily who knows the information, it is what they do with it, and who they tell, that is at the crux of this matter.

In this area former RV chairman Moodie would appear to have failed."

As Bartley provided Perna with his telephone records and other information requested by him you would think Perna's statement that  he thinks he knows the identity of the culprit would not require any involvement by another investigator as proposed by RV.

Giddy Up :beer:


Offline Arsenal

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« 2017-Jan-31, 07:32 PM Reply #15 »
Sal's Annual Report is up for those who are interested he gives a few examples of case studies which are very bland ...gets several pats on his back throughout the report and details all the networking he or his staff have done ....but no financial details are provided. :o

Giddy Up :beer:

Offline Peter Mair

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« 2017-Jan-31, 07:38 PM Reply #16 »

What was actually found -- for example, from a forensic study of which 'punters' are routinely benefiting from the lotto-like dividends being routinely declared  for metropolitan F4s and quadrellas.

Is there no 'insider-trading' in privileged information associated with apparently surprise results.

Bring down Mrs Wood's boy Jim to  do the job and racing in Victoria would d be cleaned up properly.

Offline Arsenal

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« 2017-Apr-10, 09:01 PM Reply #17 »
David Moodie has a win of sorts access to the confidential reports on the cobalt leak.


58 The plaintiff’s application for discovery and the defendant’s application that the two exhibits DM 5 and 6 to the plaintiff’s affidavit remain confidential are dismissed.

59 I will order that the defendant provide the plaintiff within 5 days a copy of a watermarked version of his report dated 13 December 2016 and a list of witnesses in his investigation, indicating those witnesses who gave evidence on oath or affirmation and those witnesses who gave evidence without making an oath or an affirmation.

60 Order 5 of the order of 8 March 2017 will be discharged.

JUDICIAL REVIEW — Discovery — Racing Integrity Commissioner’s investigation report — Actual bias alleged — Documents relevant to Commissioner’s investigation and decision-making — Immunity of Commissioner from being compelled to disclose decision-making process — Whether documents otherwise discoverable — Racing Act 1958 ss 37A, 37B, 37BA, 37C, 37E; Evidence (Miscellaneous Provisions) Act 1958 ss 14, 15, 16 and 21A.
PRACTICE AND PROCEDURE — Confidential exhibits — Report of Commissioner and transcript of plaintiff’s interview — Whether should remain confidential — Discretionary considerations — Supreme Court (General Civil Procedure) Rules 2015 O.28 r (2)(a).

Giddy Up :beer:

Offline deepthroat

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« 2017-Apr-11, 11:47 AM Reply #18 »
This could get interesting...

Offline Arsenal

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« 2017-May-10, 07:16 PM Reply #19 »

Waiting for the RV Mole

BY Bruce Clark - @snowyclark

1 hour ago Horse Racing

Former RV chairman David Moodie (Pic: Getty)

Legal action by former Racing Victoria chairman David Moodie against Racing Integrity Commissioner Sal Perna has delayed an independent inquiry into sourcing a “mole” who leaked information relating to cobalt inquiries.

Racing Victoria had instigated its own inquiry to source "the mole" but today finally issued a statement that the ongoing legal challenges had delayed an expected time frame for completion

Moodie has been in the Supreme Court challenging Perna's initial findings which are now likely to re-appear in court later in the year.

It is why RV responded to a G1X request as to update of the status of their own inquiry via Melbourne legal firm Allens.

“Considerable work has been undertaken on the Allens Review however it is yet to be completed due to impacts of the legal action brought by David Moodie against the Racing Integrity Commissioner. We are working through those impacts with Allens so that their review can be brought to its conclusion at the earliest opportunity,” RV Spokesman Shaun Kelly said.

Moodie was orginally cleared by Perna as being the source of the original leak, but was found to have “inappropriately disclosed information regarding the positive cobalt swabs of trainers Mark Kavanagh and Danny O’Brien, to Peter Moody, which compromised or had the potential to compromise the integrity of the RVL cobalt investigations” and whatever flowed from that.

Significantly in sending his orginal report to RV in December Perna also included a “finding as to the probable original source of the information regarding the positive samples of Mark Kavanagh and Danny O’Brien, (information) which was subsequently passed on to David Moodie”.

Perna also found Moodie had “knowingly provided misleading and/or incomplete information to the RVL Integrity Council and/or the RVL Board regarding his disclosures”.

Moodie resigned from the RV following the release of the Perna report in December but was in the Supreme Court in March then April challenging Perna’s findings and investigations surrounding them.

Moodie sought a judicial review of the investigation and discovery on exhibits provided at the Supreme Court in March.

Supreme Court documents said the “plaintiff in his report on 13th of December 2016 failed to observe the requirements for procedural fairness and failed to act impartially” – therefore, findings should be quashed.

The Supreme Court found:  “Many of the matters that Mr Moodie relies on to establish bias are based on the Commissioner’s failure to make findings that he had wished.”

It also dismissed the Victoria and Civil Administrative Tribunals finding in favour of Kavanagh and O’Brien as irrelevant to Moodie’s case re his discovery application.

But  the Court did find in favour of Moodie being given a list of who gave evidence to Perna under oath of affirmation. Perna is said to have taken evidence from 30 witnesses.

The Supreme Court announced its findings on April 7 and the matter is unlikely to proceed until into spring.

Moodie was replaced as acting chairman by Mike Hirst, who engaged Allens Lawyers to conduct an exhaustive review to find the original “leak” and suggested an end of March time frame as most likely.

At the time Hirst told G1X at the time: “Allens reputation as “one of the top three or four” law firms in Australia led RV to engage them not only to identify the source of the leak but also to recommend a process so such a situation would not again occur.”


He said he hoped the Allens investigation would be completed by the end of March.

“There is two parts what we will be looking at. One part is working off the back of the information that (Sal) Perna has given us,” Hirst said.

 “And, essentially that goes to whether or not we can establish without doubt who the leak was to the point where that can be made public.

 “Perna’s report wasn’t in a form that allowed that to happen.”

 Hirst said the other aspect was to put in place a process to ensure such a leak would not re-occur in future.

He said if an individual wanted to “deliberately and maliciously” do something then it would be impossible to stop.

“What we are trying to stop is inadvertent release of information because the process is weak,” Hirst said at the time.

Giddy Up :beer:

Offline Arsenal

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« 2017-May-19, 10:02 AM Reply #20 »
Sal's annual report contains lots of stats and non specific information even the case studies quoted are very bland.

Further and better particulars would be welcome on the following a guess it could be the Bolshoi Bandit ride by Craig Robertson...a case that created much conjecture at the time with no satisfactory explanation ever offered.......seeing this occurred late in the reporting year it's possible Sal hasn't finalised it...should  give him the benefit of the doubt on this one.

"One referral from RVL regarding advice of the withdrawal of charges against a jockey in respect of riding tactics in a race."

Giddy Up :beer:

Offline deepthroat

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« 2017-May-19, 11:36 AM Reply #21 »
I wonder if historically there is more detail in such reports?
??? pending court and ongoing integrity concerns has contributed to lack of details??

Offline Arsenal

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« 2017-Aug-07, 06:02 PM Reply #22 »
Moodie lawyer slams Perna 'bias'
Luke Sheehan@LukeDSheehan
, (
The counsel representing ex-Racing Victoria chairman David Moodie has slammed Racing Integrity Commissioner Sal Perna as having a 'reasonable apprehension of bias' in the report he submitted to the Racing Victoria Integrity Council.

Moodie is seeking to quash the finding in Perna's report that claimed he contributed to the leaking of sensitive information that had the power to undermine the investigation into cobalt positives produced by horses trained by Danny O'Brien and Mark Kavanagh.

At the Supreme Court on Monday, Simon Wilson QC, representing Moodie, said the 'entire process (was) miscarried' and that Perna 'made findings, not recommendations'.

Moodie stood down from his role as RV chairman in October when the investigation got underway, before resigning after Perna handed down his report findings in December.

In his submissions, Wilson claimed Perna was acting 'functus officio' in publishing a press release regarding his report on his own website, one that was alleged to be more elaborate than an earlier Racing Victoria press release the day before.

"He didn't have the power to make a media release the next day," Wilson said.

Wilson also said Perna's report had 'devastated' long-time owner-breeder Moodie, who 'hasn't been to a racetrack in months' and his family had felt the effects of his resignation as a result of the report.

It was claimed by Wilson that Perna had been 'ultra vires' - acting outside his authority - in making a determination on Moodie's actions when in his finding, he labelled the Contract Racing man as having acted in an 'inappropriate' manner.

Wilson sought to point out there was no issue of 'complaint' by the Racing Victoria Integrity Council, but they had merely sought out Perna to investigate what happened 'in relation to those disclosures'.

In further examining the evidence regarding Moodie's now-infamous phone call with then-trainer Peter Moody, Wilson said it was only 'conjecture' and 'speculation' that he had named O'Brien and Kavanagh directly as other trainers under investigation for cobalt positives.

There were a few moments of comic relief in the courtroom during the approximate two-and-a-half-hour session.

Justice Kevin Bell did chuckle when Wilson was forced to explain the difference between the homophonous surnames of Moody and Moodie - explaining the ex-trainer's name having Irish roots, while the ex-RV chairman's name has Scottish origins.

That led to, at one point, Moody being called 'the Irish trainer'. There was also a customary Black Caviar reference too.

The hearing continues on Tuesday at 10:15am, with the court yet to hear submissions from the counsel for the Racing Integrity Commission, Melinda Richards SC. report.

Giddy Up :beer:

Punters .com report follows.

An integrity commissioner has acted as prosecutor, judge and jury in going after the devastated former chairman of Racing Victoria over a cobalt investigation leak, a court has heard.

David Moodie admits telling his racehorse trainer Peter Moody about a rumour two other trainers also had positive cobalt results but denies that compromised the investigation or that he misled the Racing Victoria board.

Racing Integrity Commissioner Sal Perna was determined to find Moodie guilty of something, the Victorian Supreme Court heard on Monday.

Moodie's barrister Simon Wilson QC said Mr Perna exceeded his powers in making the findings, as he received a referral into the leak rather than a complaint.

"This former policeman has gone on an absolute frolic of his own in terms of enlarging it, no doubt perhaps to justify his position or show how important he is," Wilson said.

Perna turned a simple request for information into a prosecution of Moodie, Wilson said.

"He became judge and jury himself - prosecutor, judge and jury."

Moodie has been devastated by Perna's report and the prominent racehorse owner has not been on a racetrack for months, Wilson said.

"His family's upset. He's upset," Wilson said.

"It's had a devastating effect on him personally."

Perna determined Moodie, then an RV board member, was not the original source of the January 2015 leak about positive cobalt swabs for horses trained by Mark Kavanagh and Danny O'Brien.

But his December 2016 report found Moodie inappropriately disclosed information to Moody, compromising or potentially compromising the investigation's integrity, and misled the Racing Victoria Integrity Council and the RV board about it.

Wilson said Moodie was concerned about Moody's welfare after the trainer's own positive cobalt swab and attempted to console him by telling him about a rumour a couple of others also had cobalt positives.

Wilson said Moodie did not name the two trainers, but admitted that describing one as Moody's best mate at Flemington could have identified O'Brien.

Wilson said Moodie contacted then RV chief executive Bernard Saundry after hearing the rumour from a newspaper reporter.

Moodie, who stood down during Perna's investigation and agreed to resign after the report, asked Justice Kevin Bell to overturn the commissioner's findings.

Perna's barrister will outline his response on Tuesday.

Giddy Up :beer:

« Last Edit: 2017-Aug-07, 06:04 PM by Arsenal »

Offline deepthroat

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« 2017-Aug-07, 08:16 PM Reply #23 »
Apparently there will be focus on the outstanding reprimand/outing etc of the actual primary (identified!) leak, why Perna intervened in this matter and has ignored other serious complaints and why some witnesses in the leak investigation were questioned under oath and others were not  :chin:

Offline Arsenal

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« 2017-Nov-21, 10:30 AM Reply #24 »

Moodie has had a win of sorts Bell J finds he was denied natural justice ...the report quoted misplaced Moodie's name for Perna's otherwise I assume it's Moodie 1 Perna 0

Possible defamation still to be determuned.

Giddy Up :beer: