Cobalt saga: Prominent barrister Damian Sheales calls for end to ‘hysteria’ surrounding substance

One lone voice has not wavered for four years on the cobalt discussion, defiant that the substance is not a performance enhancer and bewildered by the ‘hysteria’ attached to cobalt cases.

One of the most prominent legal professionals associated with cobalt cases in Australian racing has called for officials to stop the carnage and put an end to the stigma associated with the substance.

Victorian barrister Damian Sheales, whose history with cobalt was highlighted by the successful defence of Group 1-winning trainers Danny O’Brien and Mark Kavanagh, first went public with his opinion that cobalt was not a performance enhancer four years ago.

He is bewildered how officials continue to attach penalties to cobalt cases that significantly exceed sanctions for other substances that have proven performance enhancing benefits.

In a September 2015 interview on RSN, Sheales said calling cobalt performance enhancing was “a nonsense” and the “hysteria” in Australia wasn’t matched anywhere else in the world.

“This substance because of the way it’s been handled has created carnage right across the industry,” he said at the time.

“There is no evidence to support (performance enhancement) and all the evidence is to the contrary.”

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Trainers Danny O'Brien (centre) and Mark Kavanagh (rear) after their successful appeal against suspensions for using cobalt. Picture: Getty Images

Four years on, Sheales says the evidence is now clear cut, as outlined in Hughes vs Harness Racing NSW last year for one, that there is no performance enhancement associated with cobalt and that claims about its toxicity have also been exaggerated.

“I have done many of these cobalt cases all around Australia now. The scientific issues around cobalt in my opinion have been settled and settled for some time,” he told the Courier Mail.

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“I have clients who have had their businesses ruined by cobalt allegations in part because of the inordinate delay, in part because of the stigma and one trainer (he had a reading of 118) recently gave evidence that in the three-year delay, cobalt had destroyed his business, led to his divorce and created other issues in his personal life.”

Racing Australia chairman Greg Nichols confirmed last week the cobalt issue would be discussed at Thursday’s board meeting after a formal request was made by the Australian Trainers Association for RA to re-visit its stance on the substance.

Victorian barrister Damian Sheales represented Danny O'Brien and Mark Kavangh.

“The distress caused to people is really troubling. We’re now past 250 trainers charged in the three codes involving more than 360 animals,” Sheales said.

“I don’t want to in any way be seen as suggesting tribunals or boards have been anything but diligent and conscientious in their hearing of cases. However the penalties handed out for cobalt are without rhyme nor reason when you consider the penalties for other prohibited substances, which can in fact enhance performance, unlike cobalt, such as Bute (Phenylbutazone) and Lasix.

“Potential to Positively Affect Performance: 205. As already found it is an agreed fact that cobalt does not positively affect performance in a racing horse. The case for the respondent is based upon potential only” – Extract from the decision of Racing Appeals Tribunal NSW in the case of Hughes vs Harness Racing NSW

“Even when those substances are inadvertently administered too close to a race or the like, then the penalty is fines.

“I’ve never heard an understandable explanation for the crushing penalties associated with cobalt positives compared to those for other prohibited substances.”

Sheales’ comments come as a group of veterinarians and scientists have urged regulators to implement an immediate moratorium on prosecutions for alleged misuse of cobalt.

In a recent communication to the national bodies of all three racing codes, the group of six, who comprise extensive experience in the fields of veterinary medicine, pharmacy, laboratory science and public health studies, asserted the current test method employed to detect cobalt salts has the potential to result in convictions of innocent parties.