O’Brien and Kavanagh walk free after successful Cobalt appeal
VICTORIAN trainers Danny O’Brien and Mark Kavanagh have successfully appealed their lengthy bans for administering cobalt to numerous stable runners.
O’Brien and Kavanagh came under serious scrutiny in 2015 when high levels of cobalt were found in horses throughout the stable, but those charges have been dismissed by Justice Greg Garde at Friday morning’s Victorian Civil and Administrative Tribunal.
O’Brien was initially given a four-year sentence and was charged with 16 counts relating to samples produced by Caravan Rolls On, Bondeiger, De Little Engine and Bullpit.
Kavanagh was handed a three-year suspension after three horses returned more than the 200 microgram per litre threshold which is currently in place in Victoria.
The highest level recorded was from the Mark Kanavagh-trained Magicool which won the Listed UCI Stakes at Flemington and returned a sample of 640 (mcg/L).
VCAT found the following reasons to uphold the decision:
– The Tribunal was satisfied that Dr Tom Brennan, the veterinarian of both of the trainers, administered or directed the administration to each horse of a substance in a bottle labelled ‘vitamin complex’ in pre‐race drips. The substance contained a high concentration of cobalt chloride. Dr Brennan has been found guilty and disqualified.
– The Tribunal was not satisfied to the requisite standard that either Kavanagh or O’Brien caused Dr Brennan to administer the substance in the vitamin complex bottle, or that they were aware that it was being administered to their horses.
– That is was not satisfied to the requisite standard that either trainer was informed by Dr Brennan or suspected that he intended to administer an unproven and untested substance to their horses.
– It was not satisfied that Kavanagh or O’Brien failed to make sufficient enquiries of Dr Brennan as to the substances that were to be administered to their respective horses, or were negligent in relying on veterinarians to administer pre‐race drips to their horses.
– That the test results were inadmissible evidence against the trainers, given that the cobalt testing procedures between April 2014 and August 2015 “substantially departed” from the requirements set out in AR 178D of the Rules of Racing.
The blame has been firmly placed on Dr Tom Brennan, who has subsequently been disqualified as a thoroughbred horse racing veterinarian.
Brennan has been outed as the key link to both cases and it has been found that neither O’Brien or Kavanagh had any knowledge that Brennan was administering cobalt to their horses.
VCAT released in the hearing that there was no dispute that Dr Brennan administered cobalt to the named horses – using a vitamin complex containing a high concentration of cobalt salt.
“There is no dispute that Dr Brennan personally administered or directed the administration by others of pre-race drips to the O’Brien horses, to Magicool, and to other horses. Those drips contained 5mL of fluid from a vitamin complex bottle containing a high concentration of a cobalt salt in solution,” the findings said.
“I am satisfied that the administration of cobalt salts in this way was the principal reason why the O’Brien horses and Magicool recorded cobalt positives in excess of the threshold level of 200mg/L in urine. I am also satisfied that apart from Dr Brennan, the veterinarians who administered pre-race drips to the O’Brien horses and to Magicool were unaware that the drips they were administering contained fluid from a vitamin complex bottle of unknown provenance.”
O’Brien hits back at Racing Victoria
Danny O’Brien has rightfully hit back at Racing Victoria, which was seemingly out to get both O’Brien and Kavanagh.
O’Brien stated that both he and Kavanagh were positive that they were innocent and the process taking by chief steward Terry Bailey and Racing Victoria needs to be questioned.
“Obviously this has been a long process,” O’Brien said.
“It’s over 26 months since this test result came back. When they came back both Mark and I were adamant that we’d done nothing wrong
“(So) to stand here today, 26 months later, and have Justice Garde affirm that – he’s been very clear that neither Mark or I had any intention of cheating or trying to break any rules of racing – that we’re completely innocent of all charges.
“And he’s also thrown a light on the behaviour of Racing Victoria, the breaches of the rules that they in fact have engineered throughout this process.
“And that’s probably been the most disappointing thing – the bullying and vilification of both Mark and I and our families by Terry Bailey and his integrity department has been quite incredible.”
O’Brien and Kavanagh will take some time to decide what legal options they could take against Racing Victoria.
“We’re going to read the judgment, this is going to take a while,” O’Brien said.
“Obviously the summary from (Justice) Garde was very strong that we were completely innocent and that Racing Victoria have got issues.
“Once we understand the ins and outs of it, we’ll reserve all our rights.”
Mark Kavanagh broke his silence and lambasted Racing Victoria for the way it handled the treatment of the case.
“There was a 115-page judgment (that) they didn’t handle the swabs properly,” said Kavanagh.
“This should never have happened. They should have followed proper procedures.
“Unfortunately we’ve been called liars and cheats.
“Where do RV sit now? The chief steward has called everyone a liar.
“Several times the chief steward said there was only one rule book. I wish he read it.
“They have defamed us and ruined our businesses.”
Brennan’s character comes into question
Brennan’s defence focussed heavily on the conversations Brennan allegedly had with O’Brien and Kavanagh, but VCAT rejected those claims for the following reasons.
– Dr Brennan has a very low level of credibility. He has admitted several times that he has lied in his evidence at various stages of this matter.
– Dr Brennan reneged on his professional responsibilities when as a senior partner, he was responsible for ensuring high standards of ethical conduct by veterinarians and staff. He himself was expected to be beyond reproach.
– Dr Brennan sought to conceal his actions from Dr Church, clinic veterinarians and staff and from the stewards.
– Dr Brennan’s account since 20 July 2015 has all the hallmarks of expediency. It is inherently improbable and seeks to minimise his own role and spread the blame to others.
– The evidence of Dr Church, the clinic’s veterinarians and staff, and the evidence of Sam Kavanagh and Dr Matthews, all point to the likelihood that the evidence of O’Brien and Kavanagh as to what passed between
them and Dr Brennan is correct.
– Dr Brennan’s ‘confession’ took place only when he realised that his evasions and denials had become untenable in light of the evidence of his own veterinarians and staff and that of Sam Kavanagh.
What Racing Victoria had to say
Racing Victoria has released a statement following VCAT’s decision to uphold the bans on trainers Danny O’Brien and Mark Kavanagh.
Racing Victoria Acting CEO, Giles Thompson, said Racing Victoria was disappointed with the decision and will review the decision before moving forward.
“Throughout this issue, our fundamental concern has been to take appropriate steps to protect the integrity of Victorian thoroughbred racing and to protect the welfare of horses. Where the rules of racing are breached, it is our job to take the appropriate action to enforce the rules,” Mr Thompson said.
“It is important to remember that we took action because the horses involved returned cobalt readings that were excessively above the legal threshold that was set to protect both the integrity of the sport and the welfare of the horses.”
Despite trusting in the integrity system, Thompson said Racing Victoria will continue to review the decision it clearly hasn’t come to terms with.
“We will review the decision. What won’t change is our commitment to protecting the integrity of the sport and ensuring all people engaged in Victorian racing and all horses can compete on a level playing field,” Thompson said.
“Despite today’s decision, we will continue to ensure Victorian racing is conducted with the highest integrity. Our responsibility is to continue to take action to protect the integrity of an industry that provides the equivalent of 20,000 full-time jobs and drives more than $2.1 billion in annual economic activity.”
Thompson continued to praise the work from the Racing Victoria Integrity Services, which included chief steward Terry Bailey.
“I want to personally thank our Integrity Services staff and our stewards led by Terry Bailey. They have had a challenging time in carrying out their role of protecting the integrity of the sport. We owe them a debt of gratitude for the way they have enforced the rules without fear or favour to ensure Victoria continues to enjoy its reputation as the premier racing jurisdiction,” he said.
Our take on the O’Brien/Kavanagh hearing
This journalist admits that he was skeptical of both Danny O’Brien and Mark Kavanagh prior to today’s hearing result, but he must retract any statements made about the pair.
Innocent until proven guilty is an over-used phrase to withhold from casting opinions on those in the headlines, but in this case the wrong racing figures were taking centre stage.
Those at fault are Dr Tom Brennan, who not only put the careers of O’Brien and Kavanagh in doubt, but he also jeopardised the horse’s well-being.
Brennan is a poor excuse for a veterinarian – the same people who are meant to be helping animals in need. Instead, Brennan took it upon himself to try and cheat the game.
It’s unclear whether or not he was working alone and his reasons for doing so, but racing doesn’t need players like Brennan in the same. We’re happy he’s no longer allowed to illegally drug our racehorses for his benefit.
Racing Victoria is also at fault and there will be more to come on this issue. Chief steward Terry Bailey seemingly has a personal vendetta with some figures in Australian racing and is looks more suited to an episode of Underbelly.
It’s hard to distrust figures that are meant to be representing integrity within our sport, but there’s something about Bailey that has us in wonder about what’s to come next.
Stay tuned.