Queensland trainer Liam Birchley has denied being involved in giving horses race day treatments or knowing about a "circle of trust" of people behind the practice that allegedly extended to Melbourne Cup runners.
Racing Victoria stewards allege horses were given "top-ups" of bicarbonate over seven years, charging five trainers and three stablehands connected to management company Aquanita Racing at Caulfield.
Queensland trainer Liam Birchley.Credit: Tertius Pickard
On day two of the hearing into the Aquanita racing scandal, Birchley said that he was drunk after being at a Melbourne bar for a “long time” and could not recall sending text messages to the person allegedly at the centre of the scandal, Greg Nelligan, on the eve of the 2015 Melbourne Cup.
Jeff Gleeson, QC, for the stewards, pressed the trainer for some time about the team of horses that Birchley had brought down for the Victorian spring carnival in 2015 and about one in particular, Pop ‘N’ Scotch, who started on Melbourne Cup Day.
Birchley said after drinking with owners at the Riverside Bar the day before the 2015 Cup, he left the bar “pretty merry” and had “no recollection” of sending any text messages to anyone.
Gleeson asked Birchley if it was just some horrible coincidence that he texted Nelligan and asked for a top-up when those involved in the practice used the phrase in a different context.
Birchley replied: "That's my belief, yes".
"There wouldn't be a stable in the country that didn't use the term," he said.
A series of texts between Birchley and Nelligan - who worked for then-trainer Robert Smerdon - from Cup eve in 2015 began with the trainer asking: "Can u org a top up for tomorrow pls".
Birchley agreed with Gleeson that it looked bad.
"I can see why it's being investigated and I agree 100 per cent," he said.
Nelligan texted back to Birchley: "Robert's ordered 5, I'll need a wheelbarrow to carry them all."
Birchley: "You've got deep pockets."
Nelligan: "I'll be walking funny, got two cup horses as well. Don't tell Robert."
Birchley told the inquiry he did not know what Nelligan meant.
"I don't recall the conversation."
Gleeson said Birchley knew Nelligan's text meant he was "topping up" two Cup horses.
The trainer said: "No, not at all".
In the November 2015 texts, Nelligan went on to say: "Robert had me do one for the guy with the cup horses a few years ago so it's not out of the circle of trust but I still don't tell him."
Asked about that text, Birchley said he did not take any notice of it.
Gleeson said: "You knew the circle of trust is a reference to a group of people who knew about the practice of administering sodium bicarbonate to horses on race day."
Birchley: "Definitely not."
Birchley said he had never administered a medication, alkalinising agent or a prohibited substance to a horse on a race day.
He also told the inquiry he never asked anyone to do so nor was a party to it.
Birchley, Smerdon, Nelligan and five others were charged under an Australian racing rule dealing with dishonest, corrupt or fraudulent, improper or dishonourable action.
Stewards allege Birchley was a party to the administration on three occasions during the 2011, 2012 and 2015 Melbourne spring carnival.
with AAP