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The Aquanita Inquiry has begun

It could become one of the longest and most colourful inquiries in Australian racing history...

Adele Severs

Published 1 May 2018

Robert Smerdon.

© Tom Pollock

Racing Appeals and Disciplinary Board Chairman Judge John Bowman noted at a directions hearing in February that, for weight of numbers in charges and people facing them, the Aquanita Inquiry would possibly be the biggest in the long and colourful history of horse racing in Australia.

Few doubt the inquiry, which begun on Monday morning in Melbourne, will ultimately prove big on many other fronts as some of racing’s most recognisable names face career-ending charges.

Five trainers – Robert Smerdon, Stuart Webb, Tony Vasil, Trent Pennuto and 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.

The charges will be heard by the RAD Board at the County Court and arise from an investigation into seven years of alleged race day treatment.

“This will potentially be the biggest racing inquiry I can remember, given the number of charges and number of people involved,” Judge Bowman said.

Judge Bowman even gave the hearing a name: ‘The Aquanita Inquiry’.

“All involved have some link to Aquanita,” he said of the former management services company that has been recently renamed Neerim Lodge.

Racing Victoria stewards claim the case against the trainers and former Aquanita staff revolves around text messages, which allegedly reveal information about possible race day treatment.

RV’s barrister Jeff Gleeson, SC, said at the initial directions hearing in February that stewards will allege there was a ‘circle of trust’ between all those charged.

“The stewards’ case will be there was a circle of trust amongst participants, they knew and they knew others did not know,” Gleeson said.

It is understood that Smerdon, who has surrendered his trainer’s licence, will not attend the hearing, nor will his former stable employees Greg and Denise Nelligan.

Of the 271 charges under multiple racing rules, Smerdon (115) and Greg Nelligan (123) face the most.

Given the likely absentees, the hearing may not run beyond the two weeks that Judge Bowman initially estimated.

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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