Danny O’Brien continues evidence at VCAT

Racing Victoria board member and now chairman, David Moodie, has been named as the person who told Peter Moody of fellow trainer Danny O’Brien’s cobalt positive, a hearing has heard.

O’Brien said he received a phone call from Peter Moody who the day before found out about his own high cobalt reading.

As RV stewards were at Mark Kavanagh’s stables in January last year informing him of his cobalt results, O’Brien received the call from Peter Moody.

The hearing heard Moody had rung to let O’Brien know of a similar rumour that he also had a high cobalt reading.

“I’ve since asked him (Moody) where it came from. It came from (RV) Board member David Moodie who is now the Racing Victoria chairman,” O’Brien said.

O’Brien and fellow trainer Mark Kavanagh are appealing their respective four and three year cobalt disqualifications before the Victorian Civil and Administrative Tribunal.

VCAT president Justice Greg Garde heard O’Brien and his legal team learned of his show cause hearing before the Racing Appeals and Disciplinary Board via an email on July 23, 2015 at 5.23pm.

O’Brien described the way it was delivered as unethical.

He intimated that two television channels had received the information much earlier to enable them to lead their 6pm bulletins with news that he, Kavanagh and Moody along with Lee and Shannon Hope were possibly going to be stood down from training until their cobalt charges were heard.

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An emotional O’Brien said he and his wife Nina had tried to shield their children from the coverage of the cobalt saga.

Unfortunately one son had seen a news broadcast at a friend’s home and asked if his father was going to jail.

O’Brien said his response to the notification of the impending show cause hearing was to email and send a voice message to his clients and that he would fight the notice.

Earlier on Tuesday, O’Brien explained a bank transfer of $3000 to Dr Tom Brennan had come from his personal account.

Brennan has admitted to selling vitamin complex to the trainers but denied knowing the substance contained cobalt.

At the earlier RAD Board hearing O’Brien was asked why it had taken him more than 24 hours to make the payment after first receiving a request from Brennan.

At the initial hearing O’Brien was not shown a complete set of his phone records, but at Tuesday’s hearing was shown a call from Brennan after which O’Brien made the payment.

O’Brien explained he had intended to pay the money to Brennan from his business account but following the call from Brennan made an electronic transfer from his personal account at his home office that afternoon.

The hearing continues on Wednesday with O’Brien still giving evidence.

VCAT has added three more days in October and November for the trainers’appeal.

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