Racing Victoria Chief Steward Terry Bailey has defended the testing accreditation process during the cobalt investigation.
Speaking on Racing.com’s Correct Weight on RSN927 on Sunday, Bailey said that he believed that the prosecution of the cobalt cases to be sound.
Bailey also challenged comments that were made at the Victorian Civil and Administrative Tribunal (VCAT) last Monday during the directions hearing of trainers Mark Kavanagh and Danny O’Brien as being misleading.
Damian Sheales, legal counsel for Kavanagh and O’Brien, told VCAT that there was evidence that showed that Racing Analytical Services Laboratory (RASL) had informed its client that the Hong Kong Jockey Club (HKJC) laboratory wasn’t accredited to test for cobalt yet still wanted a sample tested.
“There was reference to some correspondence, and I’ll put it in layman’s terms, from the Melbourne lab indicating to the Hong Kong lab that back in June 2014, their client had given the go ahead for an elevated cobalt sample to be tested with the knowledge that the lab wasn’t accredited,” Bailey said.
“With respect to that, that client wasn’t Racing Victoria – it is a matter outside Racing Victoria.
“In our view that puts that to bed.
“The fact they indicate that the stewards had knowledge of this, we refute those claims and we will respect the VCAT process as this goes on.
“In our view the prosecution is sound and we will let it play out in VCAT.”
The Racing Appeals and Disciplinary (RAD) Board had previously disqualified Kavanagh for three years, O’Brien for four years, and trainers Lee and Shannon Hope for three years and five years respectively after being found guilty of breaching the cobalt threshold.
On Friday at the VCAT directions hearing the Hopes’ heard similar claims that the HKJC was not accredited to test for cobalt.
“The labs were certainly approved under the rules to analyse samples on behalf of Racing Victoria,” Bailey said.
“The question is what weight the actual method for testing cobalt is put on as to when that accreditation was given for that.
“Accreditation is simply recognising that method that cobalt was tested for.
“Prior to and after the accreditation, the methodology did not change whatsoever.
“It is purely just recognising the lab’s system and stamp of approval.”
All trainers have been granted a stay of proceedings by VCAT and can continue training.
Their appeals will be heard on August 1, with Kavanagh and O’Brien the first to be heard, followed by the Hopes.
Sheales will represent all parties for their appeals which is expected to be heard by Supreme Court Judge Justice Greg Garde AO RFD, the VCAT President.
– racing.com
