O'Brien, Kavanagh to sue for more than $10 million in cobalt case

Trainers Danny O’Brien and Mark Kavanagh will each sue vet Tom Brennan and Flemington Equine Clinic from more than $10 million and are reserving their rights to make similar claims against Racing Victoria after picking up small fines as their long running cobalt cases came to end on Tuesday.

Kavanagh and O'Brien were fined $4000 and $8000 respectively, when Justice Garde of the Victorian Civil and Administrative Tribunal delivered his decision. Both had originally been disqualified.

O’Brien told Fairfax Media that the pair had already started action against Brennan and his practice and would wait on a costs ruling before considering their position when it comes to Racing Victoria.

“We sent letters of demand to Brennan and Flemington Equine about 10 days ago. We are still quantifying our losses but they will be in excess of $10 million each,” O’Brien said.

“We have been going through this for the past three years and we walk away with only a fine now. But the period of time it has taken, has put significant strain on our businesses and effected our reputations.

“We reserve all rights with regard to RVL because we want to have the costs hearing first before making any decisions there.

“The cobalt cases have been driven by Racing Victoria’s integrity department and they have clearly failed us in the past three years.

“It is going to take an administrator of real courage to take an objective look at this cobalt matter and make changes because it is clear that cobalt isn’t the big problem they made it out to be.

”There are over 100 trainers in the three codes that prosecuted in the past three years, which tells you there is problem with rule.”

In his judgment, Justice Garde said the financial losses incurred by the trainers since the case began were substantial.

"Kavanagh's business lost $200,000 over a two-year period," the judgment said.

"Whereas prior to 14 January 2015 he had 35-40 staff, by the time he gave evidence to the Tribunal in October 2016 he had only 10 staff. His stable of about 120 horses had reduced to 25 horses."

He said O'Brien's stable of 180-200 horses had reduced to 70-75 over the same period and his staff from 50 to about 30.

Under the Rules of Racing regarding prohibited substances detected on race day, the horses involved have been disqualified from their respective races and the prize money forfeited.

Article courtesy of Fairfax Digital and The Brisbane Times