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Racing Victoria seeks leave to appeal VCAT cobalt decision
13 Apr 2017 | Racing Victoria 
Racing Victoria (RV) on Thursday submitted an application seeking leave to appeal to the Court of Appeal of the Supreme Court of Victoria against the decision of the Victorian Civil and Administrative Tribunal (VCAT) on 17 March 2017, which upheld an appeal by licensed trainers Danny O’Brien and Mark Kavanagh.

RV is seeking leave to appeal on the proper interpretation of Australian Rule of Racing (AR) 178D, which led to VCAT determining that tests showing cobalt above the permitted threshold in horses trained by Mr O’Brien and Mr Kavanagh were inadmissible.

RV is also seeking leave to appeal on the interpretation of ‘cause’ under AR 175(h)(i) and AR 175(h)(ii) so as to determine the appropriate level of responsibility of the licensed trainers for the management of their horses and their service providers.

RV Acting Chief Executive, Giles Thompson, said the fundamental role of RV was to protect both the integrity of thoroughbred racing in Victoria and the welfare of horses.

“Racing Victoria must pursue its core focus of the protection of the integrity of our sport and welfare of our horses. We believe it is appropriate that Racing Victoria seeks an appeal of VCAT’s decision," Mr Thompson said.



Trainer Danny O'Brien, picture Quentinjlang.com

 
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