Will the major players caught in the Aquanita horse doping scandal give evidence at their VCAT appeal?

Disqualified trainer Trent Pennuto says he has been the subject of “pretty graphic threats” in a sensational twist to the Aquanita doping scandal on the opening day of four trainers appealing their bans at the VCAT.

Trainer Robert Smerdon Smerdon was outed for life and fined $90,000 after being found guilty of 115 charges.

Banned trainer Trent Pennuto claims he has been the subject of “pretty graphic threats” in a sensational twist to the Aquanita doping scandal.

Cross-examined by Racing Victoria’s Jeff Gleeson, QC, Pennuto refused to read out the name of the person listed in a document tabled at the Racing Appeals and Disciplinary Board in May.

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Disqualified for two years for his role in the covert operation, Pennuto was given several opportunities write the person’s name down by Victorian Civil and Administrative Tribunal deputy president Heather Lambrick.

He refused.

Penutto, who worked as Tony Vasil’s assistant trainer 2008-12, has been given leave to seek legal representation before returning to the tribunal on Tuesday.

Four trainers — Robert Smerdon (life), Stuart Webb (four years), Vasil (three years) and Liam Birchley (one year) — are appealing against their disqualifications over the alleged use of illegal sodium bicarbonate “top-ups” on race day between 2010-17.

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Hostile under cross-examination from Gleeson, Pennuto was confronted with several text exchanges with serial doper Greg Nelligan but insisted he could not recall sending texts or the context of conversations.

“I don’t remember sending Greg Nelligan any texts, I didn’t get on with the guy at all,” Pennuto said.

Already disqualified before the Aquanita bust, Pennuto said he had never received orders from Vasil to stomach tube or use oral paste on horses on race day.

Journalists and Racing Victoria stewards were cleared from the room as a document containing sensitive details concerning Pennuto and the unnamed party was tendered.

Disqualified trainer Trent Pennuto told the tribunal the term “top-ups” could refer to stable bedding, feed, water or even the number of laps a horse would be walked before a race.

Gleeson asked Pennuto whether he had taken seriously the contents of the document.

“I did to a point, yeah,” Pennuto said, earlier explaining “they were pretty graphic threats that were made”.

He said “nothing has come to of the threats”.

Pennuto told the tribunal the term “top-ups” could refer to stable bedding, feed, water or even the number of laps a horse would be walked before a race.

He agreed “top-ups” could also be a reference to sodium bicarbonate.

“It’s not impossible, but I do find it hard to accept,” Pennuto said.

“I have never used the term top-ups in relation to sodium bicarbonate.”

Trainer Robert Smerdon was one of eight people disqualified from racing for his role in the scandal that rocked the racing industry.

He admitted twice being caught, after leaving Aquanita, for attempting race-day treatment, claiming it was the only two times he had done it.

The hearing resumes with a tour of the Flemington stalls area, where Greg Nelligan was caught attempting to “top-up” Lovani in October 2017.

Smerdon is not expected to appear at VCAT for his appeal.

His non-appearance has not been explained by his lawyer Tim McHenry as doubts grow over whether fellow Group 1-winning trainer Vasil will attend the hearing.

Smerdon is one of eight people banned from racing for his role in the alleged doping of strings of horses from 2010-17.

Webb, Birchley and Pennuto turned up on the first day of the hearing along with banned stablehand Danny Garland (one).

Smerdon was outed for life and fined $90,000 after being found guilty of 115 charges of illegal doping by the RAD Board in May.

Birchley, Webb and Vasil have also lodged appeals.

Greg and Denise Nelligan, who are banned for life, are due to appear at VCAT on Monday.

Harness racing trainer Glen Tippet has also been called to give evidence.

Lovani, the horse at the centre of the scandal, wins at Flemington in 2017.