Lovani after winning at Flemington in July.
© Racing Photos
By Andrew Eddy
The Aquanita Inquiry began in Melbourne on Monday morning with a Racing Victoria stewards’ video showing a graphic account of the alleged “top-up” given to Lovani at the Flemington races early last spring that ignited the far-reaching investigation.
The video shows former Aquanita employee Greg Nelligan in a horse stall with Lovani attempting to hide a syringe containing a substance later to be revealed as a mix of sodium bi-carbonate and tripart paste – both illegal to be administered on race day.
Gleeson told the Racing Appeals and Disciplinary Board that the video was part of a systematic “habit of cheating” by Nelligan and former trainer Robert Smerdon, who face the majority of the 271 charges arising from the investigation launched after the Lovani incident.
The board heard that the bi-carb mixture was referred to as a “top-up” and Gleeson said the inference was there for the board to resolve that the horses receiving the “top-ups” had also been illegal treated with bi-carb on the morning of the race.
Jeff Gleeson, SC, for Racing Victoria, said that to prove their cases, stewards are to rely on the video of the actions of Nelligan, admissions in evidence given by his wife Denise, hundreds of text messages from some of the eight accused as well as physical exhibits such as the modified syringe used to deliver the substance and the yellow bag labelled “Greg” used to carry the syringe.
Five trainers – Smerdon, Stuart Webb, Tony Vasil, Trent Pennuto, Liam Birchley – and three stable employees – Greg and Denise Nelligan and Daniel Garland – have been charged with 271 counts under a variety of racing rules following the detection of alleged race day treatment of Lovani at Flemington early last spring.
Of this group, only the Queensland-licenced Birchley turned up at the opening of the inquiry on Monday. The board was told that Birchley was likely to take the stand but that Smerdon and the Nelligans would not while the others charged reserved their positions until the end of the stewards’ case.
Gleeson told the board that the conduct of Nelligan and Smerdon was “knowing” and “brazen” and that it fulfilled all the parts of Australian Racing Rule 175 (a), which deals with dishonest, corrupt, fraudulent and improper action.
In a stewards’ interview last year, Smerdon denied “top-ups” was an illegal bi-carn mixture, claiming that the phrase “top-ups” referred to feeding and hydration of horses.
The board was read a number of the text messages sent from the accused with most of the messages referring to “top-ups” being planned to be given to horses at the races.
RV’s chief veterinarian Dr Grace Forbes was put on the stand shortly before luncheon adjournment where she was grilled by Patrick Wheelahan, who was representing Vasil, about whether sodium bi-carbonate was in fact performance-enhancing in racehorses.
Queensland trainer Birchley will take the stand on Tuesday when the hearing resumes. Birchley, who faces three charges, is one of five witnesses to be called by his defence team.
Birchley could be the only one of the eight persons charged to attend the inquiry.
This article first appeared on the Racing Victoria website (racing.com) and is reprinted here with their kind permission. For more on the Off the Track program please visit rv.racing.com/the-horse/off-the-track
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