CHARGES LAID AGAINST LEE AND SHANNON HOPE, MARK KAVANAGH, DANNY O'BRIEN AND DR TOM BRENNAN

By Racing Victoria | Thursday, June 11, 2015

Racing Victoria (RV) Stewards have today issued charges against five persons following multiple investigations into the circumstances that led to eight horses from three stables returning samples containing cobalt in excess of the permitted threshold of 200 micrograms per litre in urine.

A total of 29 charges (of which 21 are in the alternative) have been laid against licensed trainers Lee and Shannon Hope, Mark Kavanagh and Danny O’Brien for breaching the Rules of Racing in respect of the following samples taken from horses in their stables.

Mr Dayle Brown, RV Executive General Manager – Integrity Services stated: "Today’s issuing of charges against five persons follows exhaustive and complex investigations by Racing Victoria’s integrity services team into elevated cobalt samples.

“We have dedicated considerable resources to undertake these investigations as swiftly as possible whilst ensuring they were thorough.

“During the course of the investigations we have collected a considerable amount of evidence and have undertaken extensive forensic analysis and testing.

“Each of the five people charged will have the opportunity to defend these charges before the independent RAD Board and we hope that this can occur at the earliest possible opportunity.”

1. Lee and Shannon Hope

a. A pre-race urine sample taken from Windy Citi Bear when the gelding ran fifth in the Charles Rose Jewellers 3YO BM78 Handicap over 1300 metres at Geelong on 25 June 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 290 micrograms per litre (with a 29 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 300 micrograms per litre;

b. a pre-race urine sample taken from Best Suggestion when the gelding ran eighth in the Sportingbet.com.au Handicap over 1400 metres at Caulfield on 5 July 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 510 micrograms per litre (with a 51 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 550 micrograms per litre; and

c. a pre-race urine sample taken from Choose when the mare ran fifth in the Citiopera Plate over 1100 metres at Caulfield on 28 September 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 450 micrograms per litre (with a 45 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 440 micrograms per litre.

2. Mark Kavanagh

a. A post-race urine sample taken from Magicool when the gelding won the UCI Stakes (Listed) over 1800 metres at Flemington on 4 October 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 640 micrograms per litre (with a 64 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 670 micrograms per litre;

3. Danny O’Brien

a. A pre-race urine sample taken from Caravan Rolls On when the horse ran eighth in the Lexus Stakes (Group 3) over 2500 metres at Flemington on 1 November 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 350 micrograms per litre (with a 35 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 380 micrograms per litre;

b. a pre-race urine sample taken from Bondeiger when the colt ran second in the AAMI Victoria Derby (Group 1) over 2500 metres at Flemington on 1 November 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 330 micrograms per litre (with a 33 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 370 micrograms per litre;

c. a post-race urine sample taken from De Little Engine when the gelding won the People@Work Handicap over 2300 metres at Ballarat on 22 November 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 550 micrograms per litre (with a 55 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 580 micrograms per litre; and

d. a post-race urine sample taken from Bullpit when the gelding won Jeep 55 Second Challenge Heat 9 (BM70) over 955 metres at Moonee Valley on 19 December 2014 where the concentration of cobalt detected in the urine sample was determined by ChemCentre to be 300 micrograms per litre (with a 20 microgram per litre measurement of uncertainty) and by the Hong Kong Jockey Club Racing Laboratory to be 320 micrograms per litre.

Each trainer has been issued with three alternative charges in respect of each sample:

1. AR 175(h)(i) – that they administered, or caused to be administered, the prohibited substance cobalt for the purpose of affecting the performance of the horse in a race;

2. AR 175(h)(ii) – that they administered, or caused to be administered, the prohibited substance cobalt which was detected in a sample taken from the horse prior to or following its race;

3. AR 178 – that they brought the horse to race with the prohibited substance cobalt in its system.

Mr O’Brien and Mr Kavanagh have also been charged with a fourth alternative charge in respect of each of the horses’ samples:

4. AR 175(k) – that their conduct or negligence led to, or could have led to, a breach of the Rules by Dr Brennan himself administering or causing to be administered a prohibited substance to the horse.

Dr Tom Brennan

The Stewards have today also issued 20 charges (including 15 charges in the alternative) against veterinarian Dr Tom Brennan, a partner in Flemington Equine Clinic, who was employed by Mr O’Brien and Mr Kavanagh to provide veterinary services to their respective stables.

Dr Brennan has been issued with four alternative charges in respect of each sample provided by horses trained by Mr O’Brien and Mr Kavanagh that contained cobalt in excess of the permitted threshold:

1. AR 175(h)(i) – that he administered, or caused to be administered, the prohibited substance cobalt for the purpose of affecting the performance of the horse in a race;

2. AR 175(h)(ii) – that he administered, or caused to be administered, the prohibited substance cobalt which was detected in a sample taken from the horse:

3. AR 175(k) – that Dr Brennan’s conduct led, or could have led, to a breach of the prohibited substance Rules in that he supplied or caused to be supplied to Mr O’Brien/Mr Kavanagh a substance containing a high level of cobalt for the purpose of administration to horses trained by Mr O’Brien/Mr Kavanagh;

4. AR 175(l) – that Dr Brennan connived at, or was a party to, Mr O’Brien/Mr Kavanagh committing a breach of the prohibited substance Rules in that he supplied or caused to be supplied to Mr O’Brien/Mr Kavanagh a substance containing a high level of cobalt for the purpose of administration to horses trained by Mr O’Brien/Mr Kavanagh.

The charges against all five persons will be heard by the independent Racing Appeals and Disciplinary (RAD) Board on a date to be fixed.

Magicool returns to scale after winning the Group 1 Queensland Derby at Doomben last Saturday.

Trainer Mark Kavanagh has been charged by Racing Victoria over elevated cobalt levels detected in post race swab of Magicool when the gelding won the UCI Stakes (Listed) over 1800 metres at Flemington on 4 October 2014

Trainers Lee and Shannon Hope, Danny O'Brien and vet Dr Tom Brennen are others facing charges following an extensive investigation by Racing Victoria's Integrity Services division.

Photo: Graham Potter