Banned trainer Sam Kavanagh remains guilty after Cobalt appeal
DISGRACED former horse trainer Sam Kavanagh was handed down a nine-year and three months suspension on September 21, 2015 for his involvement in the Midsummer Sun inquiry and this week the appeal panel came to a verdict.
Mr Kavanagh came under scrutiny when Midsummer Sun returned a positive to both cobalt and caffeine after winning the Gosford Cup in January, 2015. Mr Kavanagh was subsequently found guilty of 22 of the 24 charges, which also included corticosteroids and a Xenon gas. These charges were made in relation to multiple horses from the Sam Kavanagh stable, which included the subsequently-disqualified Pallazo Pubblico.
The appeal panel, which consisted of Mr Ross Clugston, Mr Richard Beasley and Mr Tom Carlton, formed on May 6 and they have since released their decision on the appeals of Sam Kavanagh, Dr Tom Brennan and Dr Adam Matthews, both of which were involved in the administering of the banned substances.
Of the 24 charges laid against Sam Kavanagh, the panel found Mr Kavanagh guilty of nine charges, not including the nine other charges Mr Kavanagh had previously pleaded guilty or accepted the findings of in relation to the charges.
Mr Kavanagh was ultimately found guilty of charges which included administering a banned substance to a horse for either the purpose of affecting the performance or behaviour of a horse in a race or of preventing it starting in a race. Mr Kavanagh’s defence team argued that the ‘vitamin complex’ Mr Kavanagh used on Midsummer Sun was not intended to enhance its performance.
They also argued that the involvement of veterinarians Dr Tom Brennan and Dr Adam Matthews may have altered the findings and that Mr Kavanagh didn’t know what the vitamin complex included and rule 364 states that “…shall not be guilty of an offence if he shall satisfy the stewards that he took all reasonable and proper precautions to prevent the administration of a drug to the horse therein referred to.”
The panel ruled that Mr Kavanagh was capable of knowing what substances were in the vitamin complex and that he had not taken “all reasonable and proper precautions” to prevent the administration of the drugs.
Mr Kavanagh was also charged with rule 13-15 which carried a minimum mandatory penalty for such an offence is a 2 year disqualification. The charges come under rule 177B (6) which states “any person who, in the opinion of the Stewards, administers, attempts to administer, causes to be administered or is a party to the administration of, any prohibited substance specified in subrule (2) to a horse being trained by a licensed trainer must be penalised in accordance with AR 196(5).”
Harness racing identity John Camilleri is a key figure in this case and his involvement is significant into the breaches by Mr Kavanagh who states that Dr Matthews put him in touch with Mr Camilleri about treating Midsummer Sun with a race-day drench, but stewards concluded that an injection was used on race day which contained banned substances.
Mr Kavanagh admitted that he made arrangements with Mr Camilleri so that Mr Camilleri could access the stables prior to the running of the Gosford Cup in order for the race day treatment to be administered. Midsummer Sun was given a drench, which is legal, but it was also given an injection. Mr Kavanagh denies knowing anything about the injection in which the panel accepted, but he did state when questioned by stewards that Mr Camilleri had “a product that could help the horse”.
Whilst the official suspension dates have not been released since the appeal, Mr Kavanagh will serve a lengthy sentence due to his 22 confirmed charges. Dr Brennan was found guilty of seven appealed charges and pleaded guilty to two more charges. Dr Brennan faces a ban of up to six years. Dr Matthews was found guilty of one charge and not guilty of five charges.
The deterrent for trainers, veterinarians and anyone involved in horse racing to use banned substances has been made clear. In our opinion, it is good to see stewards and appeals’ panels taking a firm stance on any offence related to cobalt.
Sam Kavanagh is only one of many trainers which have either knowingly administered a banned substance, or were incapable of running their stable with precautionary procedures in place. With livelihoods at stake, the number of positive findings in thoroughbred horses should decrease and we’re hoping the ‘cobalt era’ is a short-lived one.