RNSW Stewards have issued a total of 52 charges against six individuals arising out of matters pertaining to their inquiry into the Analysts’ finding of cobalt and caffeine in the urine sample taken from Midsummer Sun (GB), subsequent to that gelding winning the Gosford Gold Cup at Gosford racecourse on Friday, 9th January 2015.

That sample being returned by the National Measurement Institute and confirmed by the Government ChemCentre, with levels of cobalt of 547 ug/L and 550 ug/L respectively.

SAM KAVANAGH, licensed trainer (24 charges):

Breach (1) AR175(h)(i) – that he administered, or caused to be administered, to Midsummer Sun (GB), the prohibited substance cobalt, for the purpose of affecting the performance of the horse in the race;
Breach (2) AR175(h)(ii) – that he administered, or caused to be administered, to Midsummer Sun (GB), the prohibited substance cobalt, which was detected in a sample taken from the horse following its race;
Breach (3) AR178 – that he brought Midsummer Sun (GB) to race and a prohibited substance, cobalt, was detected in a swab sample;
Breach (4) AR175(h)(ii) – that he administered, or caused to be administered, to Midsummer Sun (GB), the prohibited substance caffeine, which was detected in a sample taken from the horse prior to or following its race;
Breach (5) AR178 – that he brought Midsummer Sun (GB) to race and a prohibited substance, caffeine, was detected in a swab sample;
Breach (6) AR178E(1) – that he caused to be administered a race-day drench to Midsummer Sun (GB) on 9th January 2015, by arrangement with John Camilleri and effected by Mitchell Butterfield;
Breach (7) AR178E(1) – that he caused to be administered a race-day drench to Ceda Miss on 7th January 2015, by arrangement with John Camilleri and effected by Mitchell Butterfield;
Breach (8) AR178E(1) – that he caused to be administered a race-day drench to Palazzo Pubblico on 7th January 2015, by arrangement with John Camilleri and effected by Mitchell Butterfield;
Breach (9) AR178E(1) – that he caused to be administered a race-day medication in the form of an intravenous injection of a substance to Midsummer Sun (GB) on 9th January 2015, by arrangement with John Camilleri and/or Michael O’Loughlin and effected by Mitchell Butterfield;
Breach (10) AR178E(1) – that he administered a race-day drench to Invinzabeel on 17th January 2015;
Breach (11) AR178E(1) – that he administered a race-day drench to Palazzo Pubblico on 17th January 2015;
Breach (12) AR178E(1) – that he administered a race-day drench to Centre Pivot on 20th January 2015;
Breach (13) AR177B(6) – that he administered a substance or preparation specified in AR177B(2), namely cobalt, to Midsummer Sun (GB) between September 2014 and January 2015;
Breach (14) AR177B(6) – that he administered a substance or preparation specified in AR177B(2), namely cobalt, to Centre Pivot between September 2014 and January 2015;
Breach (15) AR177B(6) – that he administered a substance or preparation specified in AR177B(2), namely cobalt, to Spinning Diamond between September 2014 and January 2015;
Breach (16) AR175A – that he conducted himself in a manner prejudicial to the image and/or interests and/or welfare of racing by purchasing race-day drenches on the 12th, 17th, 20th and 23rd January 2015 from John Camilleri;
Breach (17) AR175(k) (breach of AR64M) – that he started Midsummer Sun (GB) in an official trial at Warwick Farm on 10th October 2014, when it had been administered a corticosteroid within 8 clear days;
Breach (18) AR175(a) – that he committed an improper practice by having administered, or caused to be administered, an alkalinising drench to The Sharpener, prior to trialling at Rosehill Gardens on the 2nd September 2014, for the purposes of enhancing the sale prospects of that racehorse;
Breach (19) AR178AA – that he administered, or caused to be administered, an alkalinising drench to The Sharpener on the morning of the 2nd September 2014, before trialling that horse at Rosehill Gardens on 2nd September 2014;
Breach (20) AR177B(6) – that he administered, in or around June 2014, to a horse trained by him, a prohibited substance specified in AR177B(2), namely xenon gas;
Breach (21) AR177B(5) – that he had on his stable premises, on or around 6th June 2014 (and therefore in his possession), a prohibited substance specified in AR177B(2), namely xenon gas;
Breach (22) AR178F – that, between the 20th June 2014 and 4th February 2015, he failed to record in stable records, all treatments and medications to horses in his care;
Breach (23) AR80E – that he, on the 4th and 16th February 2015, had on his stable premises, four substances or preparations that had not been registered and/or labelled and/or prescribed and/or dispensed and/or obtained in compliance with relevant State and Commonwealth legislation;
Breach (24) AR177B(5) – that he had in his stable premises, on 4th February 2015 (and therefore in his possession), a prohibited substance specified in AR177B(2), namely cobalt.

DR TOM BRENNAN, Partner, Flemington Equine Clinc (11 charges):

Breach (1) AR175(l) – that he connived at , or was a party to, Sam Kavanagh committing Breach 1 against AR175(h)(i);
Breach (2) AR175(l) – that he connived at , or was a party to, Sam Kavanagh committing Breach 2 against AR175(h)(ii);
Breach (3) AR175(l) – that he connived at , or was a party to, Sam Kavanagh committing Breach 3 against AR178;
Breach (4) AR175(k) – that his conduct or negligence, led to Sam Kavanagh committing Breach 1 against AR175(h)(i);
Breach (5) AR175(k) – that his conduct or negligence, led to Sam Kavanagh committing Breach 2 against AR175(h)(ii);
Breach (6) AR175(k) – that his conduct or negligence, led to Sam Kavanagh committing Breach 3 against AR178;
Breach (7) AR177B(6) – that he was party to Sam Kavanagh commiting Breach 13;
Breach (8) AR177B(6) – that he was party to Sam Kavanagh commiting Breach 14;
Breach (9) AR177B(6) – that he was party to Sam Kavanagh commiting Breach 15;
Breach (10) AR175(a) – that he engaged in improper practices in connection with racing relating to the supply of two bottles of an injectable substance or preparation for veterinary use labelled ‘Vitamin Complex,’ the contents of which were found to contain cobalt in concentrations approximately 175 times the concentration of cobalt found in registered veterinary products, for horses, containing cobalt and vitamin B12;
Breach (11) AR175(k) – that his conduct on the 25th February 2015, in concert with Mr Aaron Corby, could have led to Sam Kavanagh breaching AR175(g) by giving false evidence at a Stewards inquiry as he attempted to persuade Sam Kavanagh not to disclose to the Stewards that the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex’ containing cobalt, was himself and/or Flemington Equine Clinic.

MR AARON CORBY, Practice Manager, Flemington Equine Clinic (2 charges):

Breach (1) AR175(k) – that his conduct on the 17th February 2015 could have led to Sam Kavanagh breaching AR175(g) by giving false evidence at a Stewards inquiry as he attempted to persuade Sam Kavanagh not to disclose to the Stewards that the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex,’ was Dr Tom Brennan and/or Flemington Equine Clinic;

Breach (2) AR175(k) – that his conduct on the 25th February 2015, in concert with Dr Tom Brennan, could have led to Sam Kavanagh breaching AR175(g) by giving false evidence at a Stewards inquiry as he attempted to persuade Sam Kavanagh not to disclose to the Stewards that the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex’ containing cobalt, was Dr Tom Brennan and/or Flemington Equine Clinic.

MR MITCHELL BUTTERFIELD (5 charges):
Breach (1) AR178E(1) – that he, by arrangement with John Camilleri, supplied and administered a race-day drench to Midsummer Sun (GB) on the 9th January 2015;
Breach (2) AR178E(1) – that he, by arrangement with John Camilleri, and/or licensed stablehand, Mr Michael O’Loughlin, administered an intraveneous injection containing a substance, provided by Michael O’Loughlin, on race-day to Midsummer Sun (GB) on the 9th January 2015;
Breach (3) AR178E(1) – that he, by arrangement with, and/or with the assistance of, John Camilleri, administered a race-day drench provided by Michael O’Loughlin, to Ceda Miss on the 7th January 2015;
Breach (4) AR178E(1) – that he, by arrangement with, and/or with the assistance of, John Camilleri, administered a race-day drench provided by Michael O’Loughlin, to Palazzo Pubblico on the 7th January 2015;
Breach (5) AR175A – that he engaged in conduct prejudicial to the interests and/or image and/or welfare of racing by, between the 9th and 24th January 2015, selling and supplying, through John Camilleri, race-day drenches to Sam Kavanagh.

MR JOHN CAMILLERI (6 charges):

Breach (1) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 1;
Breach (2) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 2;
Breach (3) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 3;
Breach (4) AR175(l) – that he connived at or alternatively was a party to, Mitchell Butterfield committing Breach 4;
Breach (5) AR175A – that he engaged in conduct prejudicial to the interests and/or image and/or welfare of racing by, between the 9th and 24th January 2015, selling and supplying, race-day drenches to Sam Kavanagh;
Breach (6) LR110A – that he communicated inside information he possessed in connection with Midsummer Sun (GB) to five persons whom he knew or ought reasonably to have known, would be likely to bet on the Gosford Gold Cup on 9th January 2015.

MR MICHAEL O’LOUGHLIN, licensed stablehand (4 charges):

Breach (1) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 1) and Sam Kavanagh committing a breach of AR178E(1) (Breach 6);
Breach (2) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 2) and Sam Kavanagh committing a breach of AR178E(1) (Breach 9);
Breach (3) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 3) and Sam Kavanagh committing a breach of AR178E(1) (Breach 7);
Breach (4) AR175(l) – that he connived at or alternatively, was a party to, Mitchell Butterfield committing a breach of AR178E(1) (Breach 4) and Sam Kavanagh committing a breach of AR178E(1) (Breach 8);

INQUIRY DATE:

Mr Sam Kavanagh, Dr Tom Brennan and Mr Aaron Corby have been advised that the hearing of charges pertaining to the cobalt finding has been set down for hearing on Monday, 20th July 2015 and Tuesday, 21st July 2015 at RNSW Druitt Street offices.

Mr Sam Kavanagh, Mr Mitchell Butterfield, Mr John Camilleri and Mr Michael O’Loughlin have been advised that the hearing of the remaining charges has been set down for Thursday, 23rd July 2015 and Friday, 24th July 2015 at RNSW Druitt Street offices.