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Trainer Sam Kavanagh has been found guilty of 23 charges stemming from a high level of cobalt in a sample taken from Midsummer Sun after he won the Gosford Cup in January.

Racing NSW stewards have found Kavanagh was not responsible for the administration of caffeine also found in the sample.

The trainer’s vet Dr Tom Brennan is one of five others found guilty of charges relating to cobalt and other substances found in horses from the Kavanagh stable.

CROWN REWARDS

MELBOURNE, AUSTRALIA - MAY 11: Glen Boss riding Midsummer Sun wins the Peter Street Handicap during Melbourne Racing at Caulfield Racecourse on May 11, 2013 in Melbourne, Australia. (Photo by Vince Caligiuri/Getty Images)
MELBOURNE, AUSTRALIA – MAY 11: Glen Boss riding Midsummer Sun wins the Peter Street Handicap during Melbourne Racing at Caulfield Racecourse on May 11, 2013 in Melbourne, Australia. (Photo by Vince Caligiuri/Getty Images)

The six have until September 10 to make submissions on penalty.

Racing NSW stewards considered a total of 54 charges issued against the following parties:

Sam Kavanagh (trainer) – 24 charges; Dr Tom Brennan (Partner Flemington Equine Clinic) – 12 charges; Aaron Corby (Practice Manager, Flemington Equine Clinic) – 2 charges; John Camileri – 7 charges; Mitchell Butterfield – 5 charges; Michael O’Loughlin (Licensed Stablehand) – 4 charges

During the course of the inquiry the following parties gave evidence:

Dr Craig Suann, Racing NSW Senior Official Veterinarian; Dr Adam Cawley, ARFL Science Manager; Mr Nathan Hayward, RNSW Intelligence and Surveillance Unit; Mr Tim Robinson, Manager, Investigation and Intelligence, RVL; Ms Kelly Fawcett, Licensed Stablehand; Dr Stuart Vallance, Flemington Equine Clinic; Mr Ravinder Singh, Licensed Stablehand; Mr Allan Thompson, Owner’; Mr Ravinder Pel Singh Mangat, Licensed Stablehand; Mr Nicholas Bova, Compounding Pharmacist; Dr Adam Matthews, Partner, Flemington Equine Clinic; Dr Ian Church, Partner, Flemington Equine Clinic; Mr B Pollock, Financial Manager; Mr Liam Hawksworth, Farrier; Mr Adam Poche, Owner; Ms Samantha Potter, Flemington Equine Clinic; Dr Amy Kelly, Veterinarian, Flemington Equine Clinic (Sydney);

Written submissions were received on behalf of Dr Brennan and 150 inquiry exhibits were entered and considered.

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In brief summary, the stewards findings are as follows:

SAM KAVANAGH

Breach (1) AR175(h)(i) – that he administered, or caused to be administered, to Midsummer Sun (GB), the prohibited substance cobalt, for the purpose of affecting the performance of the horse in the race; Finding – Guilty

Breach (2) AR175(h)(ii) – that he administered, or caused to be administered, to Midsummer Sun (GB), the prohibited substance cobalt, which was detected in a sample taken from the horse following its race; Finding – Guilty

Breach (3) AR178 – that he brought Midsummer Sun (GB) to race and a prohibited substance, cobalt, was detected in a swab sample; Pleaded – Guilty

Breach (4) AR175(h)(ii) – that he administered, or caused to be administered, to Midsummer Sun (GB), the prohibited substance caffeine, which was detected in a sample taken from the horse prior to or following its race; Finding – Not Guilty

Breach (5) AR178 – that he brought Midsummer Sun (GB) to race and a prohibited substance, caffeine, was detected in a swab sample; Pleaded – Guilty

Breach (6) AR178E(1) – that he caused to be administered a race-day drench to Midsummer Sun (GB) on 9th January 2015, by arrangement with John Camilleri and effected by Mitchell Butterfield; Pleaded – Guilty

Breach (7) AR178E(1) – that he caused to be administered a race-day drench to Ceda Miss on 7th January 2015, by arrangement with John Camilleri and effected by Mitchell Butterfield; Finding – Guilty

Breach (8) AR178E(1) – that he caused to be administered a race-day drench to Palazzo Pubblico on 7th January 2015, by arrangement with John Camilleri and effected by Mitchell Butterfield; Finding – Guilty

Breach (9) AR178E(1) – that he caused to be administered a race-day medication in the form of an intravenous injection of a substance to Midsummer Sun (GB) on 9th January 2015, by arrangement with Michael O’Loughlin and effected by Mitchell Butterfield; Finding – Guilty

Breach (10) AR178E(1) – that he administered a race-day drench to Invinzabeel on 17th January 2015; Finding – Guilty

Breach (11) AR178E(1) – that he administered a race-day drench to Palazzo Pubblico on 17th January 2015; Finding – Guilty

Breach (12) AR178E(1) – that he administered a race-day drench to Centre Pivot on 24th January 2015; Finding – Guilty

Breach (13) AR177B(6) – that he administered a substance or preparation specified in AR177B(2), namely cobalt, to Midsummer Sun (GB) between September 2014 and January 2015; Finding – Guilty

Breach (14) AR177B(6) – that he administered a substance or preparation specified in AR177B(2), namely cobalt, to Centre Pivot between September 2014 and January 2015; Finding – Guilty

Breach (15) AR177B(6) – that he administered a substance or preparation specified in AR177B(2), namely cobalt, to Spinning Diamond between September 2014 and January 2015; Finding – Guilty

Breach (16) AR175A – that he conducted himself in a manner prejudicial to the image and/or interests and/or welfare of racing by purchasing race-day drenches on the 12th, 17th, 20th and 23rd January 2015 from John Camilleri; Finding – Guilty

Breach (17) AR175(k) (breach of AR64M) – that he started Midsummer Sun (GB) in an official trial at Warwick Farm on 10th October 2014, when it had been administered a corticosteroid within 8 clear days; Pleaded – Guilty

Breach (18) AR175(a) – that he committed an improper practice by having administered, or causing to be administered, an alkalinising drench to The Sharpener, prior to trialling at Rosehill Gardens on the 2nd September 2014, for the purposes of enhancing the sale prospects of that racehorse; Finding – Guilty

Breach (19) AR178AA – that he administered, or caused to be administered, an alkalinising drench to The Sharpener on the morning of the 2nd September 2014, before trialling that horse at Rosehill Gardens on 2nd September 2014; Finding – Guilty

Breach (20) AR177B(6) – that he administered, in or around June 2014, to a horse trained by him, a prohibited substance specified in AR177B(2), namely xenon gas; Finding – Guilty

Breach (21) AR177B(5) – that he had on his stable premises, on or around 6th June 2014 (and therefore in his possession), a prohibited substance specified in AR177B(2), namely xenon gas; Finding – Guilty

Breach (22) AR178F – that, between the 20th June 2014 and 4th February 2015, he failed to record in stable records, all treatments and medications to horses in his care; Pleaded – Guilty

Breach (23) AR80E – that he, on the 4th and 16th February 2015, had on his stable premises, four substances or preparations that had not been registered and/or labelled and/or prescribed and/or dispensed and/or obtained in compliance with relevant State and Commonwealth legislation; Finding – Guilty

Breach (24) AR177B(5) – that he had in his stable premises, on 4th February 2015 (and therefore in his possession), a prohibited substance specified in AR177B(2), namely cobalt. Finding – Guilty

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DR TOM BRENNAN

Breach (1) AR175(l) – that he connived at , or was a party to, Sam Kavanagh committing Breach 1 against AR175(h)(i); Finding – Guilty

Breach (2) AR175(l) – that he connived at , or was a party to, Sam Kavanagh committing Breach 2 against AR175(h)(ii); Finding – Guilty

Breach (3) AR175(l) – that he connived at , or was a party to, Sam Kavanagh committing Breach 3 against AR178; Finding – Guilty

Breach (4) AR175(k) – that his conduct or negligence, led to Sam Kavanagh committing Breach 1 against AR175(h)(i); Finding – Guilty

Breach (5) AR175(k) – that his conduct or negligence, led to Sam Kavanagh committing Breach 2 against AR175(h)(ii); Finding – Guilty

Breach (6) AR175(k) – that his conduct or negligence, led to Sam Kavanagh committing Breach 3 against AR178; Finding – Guilty

Breach (7) AR177B(6) – that he was party to Sam Kavanagh committing Breach 13; Finding – Guilty

Breach (8) AR177B(6) – that he was party to Sam Kavanagh committing Breach 14; Finding – Guilty

Breach (9) AR177B(6) – that he was party to Sam Kavanagh committing Breach 15; Finding – Guilty

Breach (10) AR175(a) – that he engaged in improper practices in connection with racing relating to the supply of two bottles of an injectable substance or preparation for veterinary use labelled ‘Vitamin Complex,’ the contents of which were found to contain cobalt in concentrations approximately 175 times the concentration of cobalt found in registered veterinary products, for horses, containing cobalt and vitamin B12; Pleaded – Guilty

Breach (11) AR175(k) – that his conduct on the 25th February 2015, in concert with Mr Aaron Corby, could have led to Sam Kavanagh breaching AR175(g) by giving false evidence at a Stewards inquiry as he attempted to persuade Sam Kavanagh not to disclose to the Stewards that the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex’ containing cobalt, was himself and/or Flemington Equine Clinic

a. A threat of filing for bankruptcy relative to outstanding debts owed by Mr Kavanagh to Flemington Equine Clinic;

b. A threat of defamation proceedings against Mr Kavanagh by Flemington Equine Clinic;

c. Warnings relative to the deleterious effect disclosure, that Flemington Equine Clinic and/or Dr Tom Brennan supplied the substance or preparation, would have on his father Mr Mark Kavanagh, who was the subject of a RVL cobalt investigation;

Finding – Guilty in respect to particular (c) only

Breach (12) AR175(g) – that he gave false or misleading evidence to a Stewards inquiry of the 9th June 2015. Pleaded – Guilty

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AARON CORBY

Breach (1) AR175(k) – that his conduct on the 17th February 2015 could have led to Sam Kavanagh breaching AR175(g) by giving false evidence at a Stewards inquiry as he attempted to persuade Sam Kavanagh not to disclose to the Stewards that the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex,’ was Dr Tom Brennan and/or Flemington Equine Clinic; Finding – Guilty

Breach (2) AR175(k) – that his conduct on the 25th February 2015, in concert with Dr Tom Brennan, could have led to Sam Kavanagh breaching AR175(g) by giving false evidence at a Stewards inquiry as he attempted to persuade Sam Kavanagh not to disclose to the Stewards that the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex’ containing cobalt, was Dr Tom Brennan and/or Flemington Equine Clinic. Finding – Not Guilty

MITCHELL BUTTERFIELD

Breach (1) AR178E(1) – that he, by arrangement with John Camilleri, supplied and administered a race-day drench to Midsummer Sun (GB) onm the 9th of January 2015. Finding – Guilty

Breach (2) AR178E(1) – that he, by arrangement with licensed stablehand, Mr Michael O’Loughlin, administered an intravenous injection containing a substance, provided by Michael O’Loughlin, on race-day to Midsummer Sun (GB) on the 9th January 2015; Finding – Guilty

Breach (3) AR178E(1) – that he, by arrangement with, and/or with the assistance of, John Camilleri, administered a race-day drench provided by Michael O’Loughlin, to Ceda Miss on the 7th January 2015; Finding – Guilty

Breach (4) AR178E(1) – that he, by arrangement with, and/or with the assistance of, John Camilleri, administered a race-day drench provided by Michael O’Loughlin, to Palazzo Pubblico on the 7th January 2015; Finding – Guilty

Breach (5) AR175A – that he engaged in conduct prejudicial to the interests and/or image and/or welfare of racing by, between the 9th and 24th January 2015, selling and supplying, through John Camilleri, race-day drenches to Sam Kavanagh. Finding – Guilty

JOHN CAMILLERI

Breach (1) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 1; Pleaded – Guilty

Breach (2) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 2; Finding – Not Guilty

Breach (3) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 3; Pleaded – Guilty

Breach (4) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 4; Pleaded – Guilty

Breach (5) AR175A – that he engaged in conduct prejudicial to the interests and/or image and/or welfare of racing by, between the 9th and 24th January 2015, selling and supplying, race-day drenches to Sam Kavanagh; Pleaded – Guilty

Breach (6) LR110A – that he communicated inside information he possessed in connection with Midsummer Sun (GB) to five persons whom he knew or ought reasonably to have known, would be likely to bet on the Gosford Gold Cup on 9th January 2015; Pleaded – Guilty (in respect of four of the five persons); Finding – Guilty (in respect of all of the five persons)

Breach (7) AR175(g) – that he gave false or misleading evidence at interviews of the 1st April 2015, 13th April 2015 and 12th May 2015. Pleaded – Guilty

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MICHAEL O’LOUGHLIN

Breach (1) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 1) and Sam Kavanagh committing a breach of AR178E(1) (Breach 6); Finding – Guilty

Breach (2) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 2) and Sam Kavanagh committing a breach of AR178E(1) (Breach 9); Finding – Guilty

Breach (3) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 3) and Sam Kavanagh committing a breach of AR178E(1) (Breach 7); Finding – Guilty

Breach (4) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 4) and Sam Kavanagh committing a breach of AR178E(1) (Breach 8); Finding – Guilty

A further charge under AR175(f), of refusing to attend a Stewards’ inquiry of the 5th and 6th August 2015, has been issued against Mr O’Loughlin with such charge to be heard on Thursday September 10.

Parties have been advised that submissions on penalty (either oral or in writing), may be made and will be considered by the Panel, commencing 9am on Thursday, 10th September 2015 at RNSW Offices.

article via: http://www.racingandsports.com.au/en/racing/sam-kavanagh-guilty-on-23-cobalt-charges-story-342272