Former Aquanita board members inadvertently caught up in doping scandal are safe
Prizemoney will not be pursued from former Aquanita Racing directors by Racing Victoria as possible disqualification is considered for the 81 horses caught up in the notorious doping scheme.
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Board directors of the now defunct Aquanita Racing — including Robert Smerdon — are unlikely to be pursued for prizemoney as Racing Victoria considers the potential disqualification of 81 horses.
RV has issued letters to the managing owner of each of the 81 horses involved in races where the Victorian Civil Administrative Tribunal found doping is likely to have occurred.
Smerdon, who is disqualified for life, was a director of Aquanita Racing until he stood down before his ban from the sport over his role in the notorious doping scheme.
The Group 1-winning trainer is the only Aquanita director to be sanctioned over the scheme, which ran for seven years from 2010-17.
Other Aquanita directors were interviewed by RV stewards as part of the investigation into the rampant, illegal use of bicarbonate top-ups at race tracks — often in Group races.
All, apart from Smerdon, were cleared of involvement.
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Aquanita Racing provided a suite of services to trainers who operated under its umbrella, including accounting, as part of a management structure in return for a cut of prizemoney won.
The Herald Sun understands RV will not pursue any individual for prizemoney over third-party arrangements, including redirected prizemoney percentages.
RV has set aside a fund for the redistribution of prizemoney, but it has also warned owners it could seek to have prizemoney repaid to the Principal Racing Authority or clubs under Australian rules of racing 224.
AR 224 says: “In any case where a prize or part of a prize has been paid or awarded to a person who is subsequently found by a PRA or stewards not be entitled by reason of the disqualification of that person’s horse or otherwise, that prize must, on demand, be repaid or returned by the recipient to the PRA or club.”
Smerdon was also fined $90,000 after being found guilty of masterminding the doping scheme.
During submissions to VCAT, Smerdon’s legal team painted a bleak financial picture.
Friction between some of the directors and the former trainers has simmered since the stewards caught float driver Greg Nelligan doping Lovani as Winx cantered to the start for the Turnbull Stakes at Flemington in October, 2017.
Stuart Webb was last year fined $2000 after being found guilty of recklessly causing injury to former Aquanita director Peter Howell.
More than 1000 incriminating text messages extracted from Nelligan’s mobile phone after he was caught at Flemington formed the foundation of the case against the accused.
Some of the most prominent horses listed for potential disqualification include former star filly Mosheen, Myer Classic winner Politeness, Brungle Cry and Black And Bent.
Owners have until August 20 to show cause why their horses should not be disqualified as RV considers if it will demand prizemoney be repaid.
RV IDENTIFIES 81 HORSES FACING DISQUALIFICATION
Racing Victoria stewards have used 13 separate categories to classify levels of improper or dishonourable action involving 81 horses facing disqualification as part of the Aquanita doping scandal.
Many of the affected owners of horses prepared by banned trainers Robert Smerdon, Tony Vasil and Stuart Webb sought legal action on Tuesday after receiving letters from RV stewards.
An annexure to RV’s letter referred to the Victorian Civil Administration Tribunal’s findings against seven racing figures involved in the clandestine doping scheme from 2010-17.
The categories range from a VCAT finding of actual administration of a bicarb mix to horses in circumstances where it was “blatantly obvious” which horse was illegally treated.
“Blatantly obvious means that a horse (or horses) were obviously administered on the basis of the language in the text messages.”
More than 1000 incriminating text messages extracted from float driver Greg Nelligan’s mobile phone after he was caught “topping up” Lovani at Flemington in October 2017 formed the foundation of the case against the accused.
Some of the most prominent horses listed for potential disqualification include former star filly Mosheen, Myer Classic winner Politeness, Brungle Cry and Black And Bent.
RV has set aside a fund for the redistribution of prizemoney, but it has also warned owners it could seek to have prizemoney repaid under Australian rules of racing 224.
The Herald Sun has been told some of the seven people disqualified over the doping operation no longer have assets in their name, making the possibility of owners successfully suing any of the group for lost prizemoney remote.
The RV letter invites owners “to show cause, in writing, on behalf of the ownership group as of the date of the race, why the horse ought not be disqualified from the race.”
“To assist in your submissions, you may wish to contemplate the following factors:
“Whether the horse was treated in breach of the rules (eg; being administered an alkalinising agent on race day or within one clear day of racing. Whether the treatment or administration of the substance in question is capable of affecting the horse.
“The circumstances surrounding the administration or treatment.
“Whether there has been a sample taken from the horse (either pre-or post-race). If so, whether the result could have been impacted by the timing of the treatment or administration.
“The extent of which the conduct is prejudicial to the interest or image or welfare of racing.
“Whether the conduct could have the potential to impact a betting market and/or affect the outcome of a race.
“Please note that if you fail to lodge your submissions within the timeframe provided, the stewards will make their final determination without any further consultation with you or the broader ownership group.”
G1 WINNER AMONG 81 HORSES FACING DQ
The fallout of Australia‘s biggest alleged horse doping scandal could result in the disqualification of 81 horses and the possible repayment of up to $2m in prizemoney.
In a groundbreaking decision, Racing Victoria has slapped the owners of 81 horses, including Mosheen, Politeness and Black And Bent, implicated in the now infamous Aquanita scandal with show-cause notices.
Politeness pocketed $300,000 winning the 2015 Group 1 Myer Classic, while Black And Bent banked about $200,000 for connections winning the 2011 Grand National Hurdle and 2012 Galleywood Hurdle.
Mosheen earned $90,000 for connections for second in 2011 Group 1 Thousand Guineas.
The managing owner or representatives of the 81 horses has until August 10 to respond in writing as to why their horse should not be disqualified from the races in question.
Of the 81 starters, 24 were winners, 24 were minor placegetters and 33 were unplaced, with the prizemoney won by each varying from $300,000 to none at all.
More than half of them won less than $10,000 in the race in question.
RV executive general manager – Integrity Services – Jamie Stier said the complex case required stewards to consider findings and evidence, which saw people disqualified for improper practice not swab samples.
“The stewards are satisfied that they can clearly identify 81 starters that were the subject of a prohibited administration,” Stier said.
“The stewards are not satisfied that the other 313 starters ought to be considered for disqualification as the available evidence did not definitively demonstrate that those horses were the subject of a prohibited administration on the given day.”
Racing Appeals and Disciplinary Board and Victorian Civil and Administrative Tribunal hearings in 2018-19 led to the disqualification of disgraced trainers Robert Smerdon, Stuart Webb and Tony Vasil.
Stablehands Greg and Denise Nelligan, Trent Pennuto and Daniel Garland, all of whom were employed by Aquanita, were also disqualified for improper or dishonourable action(s) or practice(s).
The stewards analysed evidence, including a mountain of text messages, with respect to 395 incidences of alleged dishonourable actions or practices.
Should a horse be disqualified it will be up to Racing Victoria to order the repayment of any prizemoney.
“As people are aware, text messages between the disqualified persons were central to the RAD Board and VCAT’s findings regarding the participants’ improper or dishonourable action or practice,” Stier said.
“However, these texts often referred to multiple horses or lacked clarity around which horse was the subject of said practice on a given day.
“While the evidence made it clear that those charged had engaged in unlawful practices, determining which horses were subjected to those practices was not possible in all instances.
“I want to make it clear that in reaching their position the Stewards considered the RAD Board and VCAT’s findings and the available evidence only, and gave no consideration to the status of the race, and/or the prizemoney won by an individual horse, and/or the finishing position of the horse.”
If the horses are ultimately disqualified it could have implications for the former Aquanita Racing Board because of prizemoney paid to the company.
HORSES FACING DISQUALIFICATION
Horse (date) Race No. Track Placing
Ability (23-Jul-16) R9 Flemington 4
All Well (24-Apr-17) R3 Ballarat 2
Another Girl (5-Sep-14) R4 Geelong 2
Assertion (1-Apr-11) R8 Mornington 1
Barcode (19-Sep-14) R4 Ararat 1
Barcode (10-Oct-14) R6 Hamilton 6
Barcode (31-Dec-14) R7 Echuca 1
Berisha (5-Nov-15) R2 Flemington 1
Beyond Pardon (26-Jun-10) R4 Flemington 2
Beyond Pardon (7-Jul-12) R7 Flemington 5
Black And Bent (14-Aug-11) R4 Sandown 1
Black And Bent (2-May-12) R6 Warrnambool 1
Black Jack Boy (7-Feb-14) R5 Moonee Valley 3
Brevity (25-Nov-14) R3 Moe 2
Brouhaha (14-Sep-14) R5 Cranbourne 1
Brungle Cry (15-Jul-12) R4 Sandown 1
Bruntwood (20-Aug-14) R5 Sandown 2
Carnegie Dan (12-Sep-10) R7 Bendigo 13
Celeritas (2-Jul-14) R4 Sandown 5
Celeritas (27-Jul-14) R7 Sandown 2
Celeritas (20-Aug-14) R6 Sandown 1
Crafty (12-Jul-14) R1 Flemington 1
Crimson Cape (26-Nov-15) R8 Sale 1
Dangerous Breeding (1-Jul-16) R6 Pakenham 4
Darney Gub (6-Apr-15) R4 Sandown 5
Dotherighthing (22-Mar-15) R7 Geelong 12
Eclair Flyer (2-Apr-11) R3 Moonee Valley 1
Electric Fusion (30-Nov-13) R7 Caulfield 1
Electric Fusion (22-Nov-14) R8 Ballarat 8
Fareer (2-Jun-12) R3 Sandown 4
Golden Apollo (31-Dec-14) R4 Echuca 1
Green Birdie (6-Nov-12) R9 Flemington 16
Institution (5-Nov-16) R1 Flemington 6
Killara Miss (19-Sep-14) R3 Ararat 2
Kirribilli Gold (2-Jun-12) R4 Sandown 1
Last Cash (15-May-11) R5 Cranbourne 5
Laugh At Life (3-May-12) R2 Warrnambool 3
Little Tycoon (6-Aug-11) R8 Flemington 2
Lucky Valentine (3-Aug-14) R9 Seymour 8
Lumosty (11-Oct-14) R8 Caulfield 8
Lunacy (17-Mar-12) R5 Geelong 3
Madaba Flyer (27-Jan-12) R2 Moonee Valley 11
Maxie’s Blue Girl (31-Mar-15) R2 Warrnambool 5
Members Joy (6-Oct-12) R6 Flemington 2
Miss Insomnia (22-Mar-15) R8 Geelong 7
Mission to Mars (28-Nov-14) R2 Wodonga 6
Mosheen (12-Oct-11) R6 Caulfield 2
Oceanographer (7-Feb-14) R7 Moonee Valley 3
Only He Knows (26-Jun-10) R7 Flemington 1
Paddy O’Reilly (23-Apr-11) R6 Caulfield 1
Persian Star (23-Oct-10) R7 Moonee Valley 10
Persian Star (6-Nov-10) R8 Flemington 3
Politeness (1-Nov-14) R8 Flemington 7
Politeness (31-Oct-15) R8 Flemington 1
Property (25-Feb-17) R7 Caulfield 5
Real Time (24-Dec-14) R5 Sale 3
Reldas (7-Feb-14) R2 Moonee Valley 2
Saddler’s Story (23-Oct-10) R7 Moonee Valley 6
Shamal Wind (23-Feb-13) R8 Caulfield 12
Shamal Wind (11-Oct-14) R10 Caulfield 3
Shellac (9-Apr-15) R5 Seymour 4
Shewan (8-Oct-11) R3 Caulfield 1
Shut the Frontdoor (10-Nov-14) R2 Seymour 1
Side Splitter (13-Jan-12) R8 Moonee Valley 1
Six Penny (24-Apr-17) R7 Ballarat 7
Sniper’s Bullet (6-Nov-10) R6 Flemington 8
Spencer Street (21-Mar-15) R1 Bendigo 7
Spencer Street (6-Apr-15) R9 Sandown 11
Spinderbella (29-Nov-14) R9 Moonee Valley 6
Stoneblack (12-Oct-11) R5 Caulfield 6
Stoneblack (7-Jul-12) R6 Flemington 13
The Bowler (23-Feb-13) R7 Caulfield 13
The Bowler (21-Mar-15) R9 Bendigo 1
The Long Road (2-Jun-12) R8 Sandown 2
The Long Road (21-Jul-12) R5 Flemington 1
Under Oath (28-Apr-17) R2 Benalla 3
Under the Hat (21-May-11) R8 Flemington 3
Under the Louvre (12-Jul-14) R7 Flemington 3
Ungrateful Ellen (19-Sep-14) R2 Ararat 1
Wealthy Lad (21-Jan-12) R5 Flemington 3
Wealthy Lad (3-May-12) R10 Warrnambool 3
The following horse would have been considered for disqualification if it finished the relevant
race, however it was a late scratching at the barriers and therefore could not be:
Spinderbella (22-Nov-14) R8 Ballarat Late Scr
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