Aquanita doping case delayed because of logistic challenges posed by COVID-19 crisis
The COVID-19 crisis has delayed the final chapter in the notorious Aquanita doping case — the potential disqualification of multiple horses and redistribution of prizemoney.
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The final chapter in the notorious Aquanita doping case and the potential disqualification of multiple horses has been delayed by the COVID-19 crisis.
Racing Victoria has indicated in its past two annual reports that it had provided for the potential expense associated with possible redistribution of prizemoney.
The redistribution could be more than $2 million based on the quality and quantity of wins accrued by horses allegedly doped with stamina-boosting bicarbonate treatments.
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Two separate bodies – the Racing Appeals and Disciplinary Board and the Victorian Civil Administrative Tribunal – found a group of rogue trainers and stable employees gained an unfair advantage with the use of on-course doping.
The process, outlined in hundreds of text messages exclusively obtained by the Herald Sun, involved the use of bicarb top-ups, often administered minutes before horses competed in some of Australia’s biggest races.
Three of the perpetrators – Robert Smerdon and former Aquanita employees Greg and Denise Nelligan – were given life disqualifications.
Smerdon was convicted in absentia at the RAD Board of 115 counts of dishonest, corrupt, fraudulent, improper and dishonourable actions relating to race-day drenching.
Five other men – Stuart Webb, Tony Vasil, Liam Birchley, Trent Penutto and Daniel Garland – were originally disqualified for periods ranging from four years to one year.
Birchley was eventually cleared by VCAT, while Webb and Vasil had their sentences cut but were still found guilty.
RV has been approached by several owners whose horses finished behind Aquanita gallopers named in disciplinary hearings regarding potential stakemoney redistribution.
RV said logistic challenged created by COVID-19 meant it was unable to put a timeline on a possible disqualification process.
“A determination on whether any application will be made seeking the disqualification of any horses in the Aquanita case has not yet been made,” an RV spokesman said.
“Consideration of the matter has been delayed while RV focuses its resources and efforts on the industry’s ongoing response to the COVID-19 pandemic.
“In light of the uncertainty around the COVID-19 pandemic we’re unable to put a timeline on any determination at this point, noting that it remains a very complex matter.”
The global pandemic also threatens to slow criminal proceedings in the animal cruelty and conspiracy case against disgraced trainer Darren Weir and three associates.
Criminal hearings in the Magistrates Court against Weir and three co-accused – Jarrod McLean, Tyson Kermond and William Hernan – could be similarly delayed because of social distancing issues and technological limits.
The four men are due to appear in the Ballarat Magistrates Court for a two-day contested committal hearing.
The hearing will be used to test evidence – including video footage of alleged animal torture – before a magistrate decides whether the case should go to trial in the County Court.
Weir is serving a four-year disqualification for possession of three jiggers, devices capable of being used to intimidate horses.
The former trainer has been charged by police with a total of nine alleged offences including three counts of “engaging in the torturing, abusing, overworking and terrifying” of a racehorse and three counts of “causing unreasonable pain or suffering” to a racehorse.
Other charges related to conspiring to defraud RV stewards and possession of an unregistered firearm.