Alligator Blood case takes new twist with Supreme Court injunction application dismissed
Queensland stewards will launch a new inquiry into Alligator Blood’s 2020 Magic Millions disqualification after an injunction application was dismissed in Supreme Court.
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The long-running Alligator Blood saga has taken a new twist with a Supreme Court Judge giving Queensland stewards the green light to open a new stewards’ inquiry.
At 9.30am on Thursday morning, Justice Martin dismissed an injunction application from the star horse’s original owners Allan Endresz and Jeff and Robyn Simpson.
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The injunction bid had been attempting to restrain stewards from conducting current and future inquiries into the 2020 Gold Coast Magic Millions 3YO Guineas controversy.
It is more than five years into the drama since Alligator Blood was originally stripped of the 2020 $2m Magic Millions Guineas win and the prizemoney cheque, following a positive swab to the banned substance, altrenogest.
Endresz and co were originally handed a thumping win in court when Justice Morrison, of the Court of Appeal, ruled in favour of a court’s original decision to void Alligator Blood’s disqualification as it ruled owners were never given an opportunity to be heard by stewards before the disqualification.
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However, Queensland stewards later announced they would attempt to re-hear the matter in a third inquiry.
They will now get that chance and the latest court ruling is the first time Endresz has had a major loss in court since the saga kicked off.
The Queensland Racing Integrity Commission and Racing Queensland – which were the respondents in the civil action – were awarded costs from Endresz and co.
Endresz’s legal team had initially submitted to Justice Martin that “the lawful power of the stewards had been exceeded” and the second stewards’ inquiry into the matter had been “discontinued without any reasonable diligence.”
They claimed Alligator Blood’s “A” swab sample from 2020 was now unreliable because of laboratory flooding and “even QRIC’s own experts say it is unlikely it could be reliably analysed now”.
But Justice Martin said, in his finding: “The owners have not succeeded on any of the arguments they presented.”
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QRIC deputy commissioner Kim Kelly told Racenet: “QRIC is pleased with today’s Supreme Court’s decision and looks forward to the (stewards’) inquiry proceeding and the matter being determined.
“When the current (QRIC) leadership team was appointed in September last year, this matter being resolved was prioritised.
“The Supreme Court’s decision facilitates that outcome being achieved.
“The way is now clear for the inquiry to proceed with a fresh panel which will objectively consider all the relevant evidence and reach a determination based on that evidence.
“With today’s decision, QRIC’s leadership team remains committed to finalising this matter in a timely manner.”
Endresz said he would file an appeal next week, saying an initial debrief with his barrister Katherine McGree had uncovered “three crucial points, wrong in law”.
“I have instructed Katherine to dig deeper into those points and we will file an appeal next week,” Endresz said.
Alligator Blood, the seven-time Group 1 winning headline horse, had been transferred from Gai Waterhouse and Adrian Bott to Chris Waller but never raced for Waller.
He was retired last month after a slight amount of heat was detected in his leg.
Originally published as Alligator Blood case takes new twist with Supreme Court injunction application dismissed
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