Racing Victoria considers disqualification of horses and reallocation of prizemoney after VCAT verdict in Aquanita case

The disqualification of horses and reallocation of prizemoney from more than 80 races engulfed in the Aquanita doping scandal remains a possibility as Racing Victoria ponders its next move.

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The disqualification of horses and reallocation of prizemoney from more than 80 races engulfed in the Aquanita doping scandal remains a possibility.

Racing Victoria is reviewing the comprehensive Victorian Civil and Administrative Tribunal judgment against Robert Smerdon, Tony Vasil and Stuart Webb before deciding how to proceed.

“We will need to review the Judgement in detail to understand what impact it has on any future considerations as to whether any horses may be disqualified,” a RV spokesperson said. “If a horse is disqualified the placings for that race are amended and the prizemoney reallocated accordingly.”

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Robert Smerdon was banned for life and fined $90,000 for his role in the Aquanita case. Picture: AAP

Races affected by clandestine administration of sodium bicarbonate “top-ups” ranged from bush maidens to Group 1 events over seven years. Compensation and legal costs associated with redistribution of prizemoney would run into millions of dollars.

VCAT deputy president Heather Lambrick found Smerdon (78 counts), Vasil (two) and Webb (one) guilty of involvement in “actual administration” (doping), but struck out 46 counts against the trio.

Smerdon (life and $90,000 fine), Webb (four years) and Vasil (three years) may now press for reduced penalties.

VCAT ruled Liam Birchley was not guilty of administration of the bicarbonate and tripart paste, which was typically administered by rogue strapper Greg Nelligan.

Given the quality of some of the races allegedly affected in the rort, aggrieved owners will push for prizemoney redistribution.

Mosheen won the 2012 Blazer Stakes at Flemington.

Star filly Mosheen features in some of the hundreds of text messages between Nelligan and Smerdon.

VCAT was satisfied actual administration took place and “that Mr Smerdon knew of/consented to/acquiesced in/directed same” while Mosheen and other horses built fabulous records.

Lambrick identified the 2011 Group 1 Thousand Guineas, when she earned $90,000 for running second to Atlantic Jewel, as a race where doping was involved.

Mosheen won the 2012 Group 2 Blazer Stakes, earning $132,000, at another meeting VCAT alleges was affected.

Smerdon’s lawyers unsuccessfully attempted to have the Racing Appeals and Disciplinary Board penalties set aside because he had surrendered his licence before the tribunal sat.

VCAT dismissed the appeal, ruling that the board had the jurisdiction to deal with Smerdon.

After last week’s judgment, Smerdon, Webb, Vasil and RV had 28 days in which to seek leave to appeal to the Supreme Court.