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Trainer's bullying claims against RVL - Vic Gallops - Racehorse TALK

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Offline Authorized

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« 2017-Mar-10, 11:26 PM Reply #25 »
Would be interested in  others thoughts -

If the Stewards do decide to inspect her stables in the near future surely under these circumstances they would send Stewards she has not had issues with and ALSO a 2nd independent party ?

Or is that too much to expect ?


Offline deepthroat

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« 2017-Mar-11, 06:21 AM Reply #26 »
They would be ludicrous to send stewards she has bullying claims against, particularly without a third party again but they've done it before so I doubt this RADB ruling will make a difference, especially with a guilty plea...
There are few companies or industries that's HR departments would have allowed such a thing to occur in the first place, particularly with the history in this case....
RV have been and are treading on thin ice with this one and their arrogance will ultimately be their downfall when this goes to an independent court.. They'll probably do stable inspections daily just to prove their point...
It has to be remembered too that this is not about financial compensation- it's about accountability, or lack thereof by the industry. Kate will never be truly vindicated until this happens... 
Good luck to her

Offline Arsenal

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« 2017-Sep-28, 06:09 PM Reply #27 »
Bruce Clark writing for Justracing gives some more oxygen to battling trainer Kate Goodrich who has spent $28 on a Right To Information request seeking the results of the 10,000 cobalt tests conducted since 2014 what she intends doing if the info is provided seems a rather useless waste of time and money. :o
https://justracing.com.au/2017/09/28/goodrich-seeks-10000-cobalt-tests/

Giddy Up :beer:

Offline Authorized

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« 2017-Sep-28, 06:46 PM Reply #28 »

As the new Racing Victoria Board assembles under the chairmanship of Brian Kruger from Monday week, there is a hefty to do list awaiting them, not the least the ongoing cloud of cobalt.

You would recall last week that RV’s Integrity Department issued a warning – not mentioning cobalt – to trainers warning them of custom made feeds and supplements and what constituents and active constituents were contained in them, even if not notified in the packaging.

It followed a Racing New South Wales alert of similar wording excepting it named cobalt and that such feed supplements and vitamins could elevate the levels of cobalt. (There have been trainers with cobalt level breaches in NSW which are currently under investigation).

The mention of cobalt from RV came in the shape that “for the avoidance of doubt, since the introduction of the cobalt threshold there have been more than 10,000 tests and RV stewards advise that there are no outstanding matters related to cobalt other than those that have already been publicly released.”

Well this week the indefatigable Kate Goodrich, you’d be well aware of her lengthy legal battles with RV and the Kilmore Racing Club over bullying and wrongful removal from training there, wrote to RV under the Freedom of Information Act (cost $28) seeking the results of all those 10,000 tests for cobalt levels.

Or as acknowledged by RV FOI Officer Georgie Galvin: “The results of all tests taken by Racing Victoria for cobalt and the levels of cobalt detected, in and out of competition between October 2014 and today’s date, including the name of each horse and the dates the tests were taken.”

Why Kate? asked Just Racing.

“I don’t know – someone had to do it,” she said.

“It’s not going to help my case but I just thought I know the system (FOI) and I’ll do it.

“I just think Racing Victoria can make these statements (about the cobalt tests) and are never held accountable. I think it would help confidence in the industry that these things need to be out there.”

So what are you going to do with them?

“I just think they should be made public,” she said.

This is – she points out – what Harness Racing New South Wales – the first body to deal with cobalt – publically published on their website all cobalt levels of every horse racing and in training.

It was an issue addressed by RV’s integrity department back in 2016 off a similar suggestion stated by Cranbourne trainer Mick Kent, who said at the time such action could name and shame trainers with elevated cobalt levels.

Chief steward Terry Bailey took the proposal to an RV drug strategy meeting. “There doesn’t seem to be too much opposition to it and we’ll probably have a discussion with the Australian Trainer’s Association,” he said at the time. “If there is a view that it is going to help, then why not?”

“As far as bicarb results are concerned, we don’t have a lot of concern in that area so we might just go the cobalt.”

That didn’t happen but Goodrich, in her FOI actions, will push to seek those answers now.

RV has 30 days to respond, but in changes to the FOI Act effective this months, has a number of outs, not seemingly relevant here, to delay providing an answer for up to another 30 days.

These are documents containing matter communicated by another state, affecting national security, defence or international relations, law enforcement documents, relating to IBAC, affecting personal privacy, relating to trade secrets, containing material in confidence.

In her own battles with RV seeking a suitable outcome to her situation, Goodrich has been a long term FOI litigant. She has sought emails and documents from RV in relation to anything pertaining to herself.

She currently has an outstanding 40 documents seeking a decision from the FOI Commissioner (expected in December) requesting release of the damning FBIS International report that confirmed the bullying and wrongful eviction from Kilmore, as well as a raft of emails she has sought from Bailey and others that mention her name.

And while former trainer Peter Moody was hit with a $3000 fine over his tweets in relation to the cobalt announcements last week, Goodrich continues her social media campaign seemingly without incident from RV, despite some overtly aggressive commentary.

“Fear retribution, repercussions….yep & that’s exactly what happens because of men in power who are not accountable to anyone.” Was one this week. Even though it was in relation to the Channel 7 Drama this week with the sacking of cadet journalist Amy Tauber, but written from her perspective.

But not these: “Yeah and try doing it while being bullied and run out of your workplace with no support or protection from governing body for over 4 years.”

“They don’t have to answer because they know they’re unaccountable to anyone, won’t change under current structure; to many getting hurt.”

Goodrich is trying to rebuild her career. She had a Hard Spun gelding she has taken her time with win a trial in impressive fashion at Wodonga recently. It has since gone for a spell.

Its name – Too Hard To Handle – not named after Goodrich, but like her, needing time to get the job done.

She is back at the Victorian Civil And Administrative Tribunal on October 9 – the same day the new RV Board hits the ground, this time for a mention, likely to proceed to yet another directions hearing in relation a suspended 12 month suspension.

In the meantime RV will be forced to answer her FOI queries for 10,000 drug tests since the cobalt crisis broke.

By Bruce Clark


Offline Authorized

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« 2017-Sep-28, 06:47 PM Reply #29 »
Quote
This is – she points out – what Harness Racing New South Wales – the first body to deal with cobalt – publically published on their website all cobalt levels of every horse racing and in training.

Offline tontonan

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« 2017-Sep-28, 07:05 PM Reply #30 »
Bruce Clark writing for Justracing gives some more oxygen to battling trainer Kate Goodrich who has spent $28 on a Right To Information request seeking the results of the 10,000 cobalt tests conducted since 2014 what she intends doing if the info is provided seems a rather useless waste of time and money. :o
https://justracing.com.au/2017/09/28/goodrich-seeks-10000-cobalt-tests/

Giddy Up :beer:



Not at all.  I think it it should have been done from the get go and would have given the whole issue the transparency it needs. 

If successful the release of such information will provide the context for the RVL threshold, and its subsequent reduction and provide a very clear insight into the occurrence of cobalt in a high supplement environment such as Victoria. 

Hong Kong provided data in their regard but by comparison to Victoria Hong Kong is much more highly regulated, low supplement environment.  There was nothing wrong with the Hong Kong data but it was wrong to read that data as being equally applicable to the Victorian environment.  It's not.

In Canada they published the cobalt test results for several months to establish what the common occurrence of cobalt in racing stables was before setting a threshold of prohibition.  It seemed a very sensible way to proceed given that cobalt is a common mineral found in many registered supplements particular when compared with Racing Victoria's method of plucking a figure out of the air without any research to warrant it.  The Canadian approach allowed stables with high cobalt reads to address the issue before the thresholds were imposed.  That is a stark contrast to the Clint Eastwood approach adopted in Victoria and avoids all the necessary pratfalls of the shoot first and ask questions later method.

Just about everything that shot out of Dr. Brian Stewart's mouth in relation to cobalt has been well and truly discredited and the lack of data and the lack of understanding of the data has been weakness in the formulation and implementation of the RVL cobalt rule from the beginning.  This is an opportunity to make the data public so we might appreciate just how prevalent cobalt has been in Victorian racing. 

Better late than never.

Good on you Kate.

Offline Peter Mair

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« 2017-Sep-28, 09:51 PM Reply #31 »


.......... one wonders what RVL cannot see when all others can

Offline Arsenal

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« 2018-May-07, 09:37 AM Reply #32 »
A recent update from VCAT on the battle Goodrich v RVL  which as far as I'm aware hasn't been reported in the main stream racing media......looks like Kate is done.



http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2018/405.html?context=1;query=%22review%20and%20regulation%20list%22;mask_path=au/cases/vic/VCAT


Giddy Up :beer:

Offline deepthroat

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« 2018-May-07, 11:26 AM Reply #33 »
There’s always the Supreme Court  :whistle:

Offline Arsenal

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« 2019-Mar-18, 03:32 PM Reply #34 »
Kate Goodrich has finally got a hearing in the Victorian supreme Court today three matters are listed firstly a trial then two applications should be some media reports later today or tomorrow...it's been a long battle and unless she has found a generous pro bono brief I imagine a very costly one.

Giddy Up :beer:

Offline Peter Mair

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« 2019-Mar-18, 06:03 PM Reply #35 »



It is good to see some with a bit of clout standing up to RVL  -- a law unto itself should be repealed.

Offline Arsenal

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« 2020-May-10, 08:26 AM Reply #36 »
Court of Appeal exonerates trainer Goodrich on obstruction charges
By Damien Ractliffe
May 8, 2020 — 5.19pm
Trainer Kate Goodrich has been exonerated of charges of obstructing Racing Victoria stewards from carrying out their duties in December 2016, after three Court of Appeal judges ruled in her favour on Friday.
Racing Victoria has fought to prevent Goodrich from viewing contracts proving stewards Rhys Melville and Simon Quintner had been properly appointed by Racing Victoria's board, but on Friday, it was determined that would not be needed to clear Goodrich of charges of denying the stewards entry to inspect her stables and a horse.
Goodrich pleaded guilty to the charges in front of the Racing Appeals and Disciplinary Board in March 2017 before she appealed against a three-month suspended suspension at VCAT, saying her refusal was not wrongful as Racing Victoria had failed to properly appoint the pair.
The validity of Melville and Quintner's appointments, as well as the appointment of former chairman of stewards Terry Bailey, is also the subject of a Supreme Court claim in which Goodrich is seeking damages against the Kilmore Racing Club and Racing Victoria, claiming she was unlawfully suspended from training.
Prior to her 2017 VCAT appeal, Racing Victoria had agreed to set aside the RAD Board decision and pay Goodrich's legal costs, but would not provide Goodrich with the stewards' contracts without a confidentiality agreement - terms which she declined.
However, VCAT threw out Goodrich's challenge of the RAD Board decision in March 2018, calling the "collateral purpose" of her attempt to obtain evidence to help her seek compensation from Racing Victoria as "an abuse of process". A single Supreme Court judge also dismissed Goodrich's appeal in April 2019.
But on Friday, three Court of Appeal judges determined that both VCAT and the Supreme Court should have dismissed the original charges and exonerated Goodrich, an order which they handed down on Friday.
"The setting aside of a conviction and penalty does not provide the same level of vindication and exoneration as the setting aside of a conviction and penalty which is accompanied by dismissal of the underlying charge," the judges wrote.
"As we have found that the only order that was open to VCAT on the evidence before it was the setting aside of the RADB decision and dismissal of the charge, such an order will be made."
The judges did, however, determine that the stewards' contracts should have been ruled inadmissible once Racing Victoria decided it would not support the RAD Board charges.
"A simple ruling that the appointment documents were inadmissible would have precluded the applicant [Goodrich] from further pursuing production of those documents," the judges wrote of the VCAT hearing.
"As Racing Victoria advised that it would not adduce any evidence in support of the charge, the appointment documents became irrelevant."
A Supreme Court judge will be asked to decide whether those appointment documents are relevant or not to Goodrich's pursuit of damages, in which she claims Racing Victoria unlawfully banned her from nominating horses for three months. That matter is due back in court on Thursday.

https://www.smh.com.au/sport/racing/horse-trainer-kate-goodrich-exonerated-via-court-of-appeal-20200508-p54r6x.html

http://classic.austlii.edu.au/au/cases/vic/VSCA/2020/110.html


Giddy Up :beer:

« Last Edit: 2020-May-10, 08:29 AM by Arsenal »


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