Racing Victoria (RV) Stewards have today written to connections of horses preliminarily considered for disqualification in the Aquanita Case offering them a further invitation to show cause as to why their horse ought not be disqualified.
The stewards first wrote to the Managing Owner, or their representative, as registered on the date of the race in question and representing the owners at that time, of 81 starters identified in the Aquanita Case with a Show Cause Notice on 7 July 2020 advising them of their preliminary decision under Australian Rule of Racing (AR) 234.
A significant number of Managing Owners, or their representatives, took up the opportunity to table a submission in response to the Show Cause Notice by the 10 August 2020 deadline.
A number of those submissions sought additional information from the Stewards regarding their preliminary determinations which took into account the decisions of the Racing Appeals and Disciplinary Board (RAD Board) on 8 May 2018 (RADB Decision) and/or the Victorian Civil and Administrative Tribunal (VCAT) on 13 September 2019 (VCAT Liability Decision) and/or 31 December 2019 (VCAT Penalty Decision).
Having taken the time to thoroughly consider all the submissions and the various points raised within, the Stewards have today provided Managing Owners, or their representatives, with further detail regarding relevant factors in the RADB Decision, VCAT Liability Decision and VCAT Penalty Decision to which the Stewards have had regard in considering their determinations.
The Stewards have also provided, where appropriate, further information in response to specific queries and/or points raised in the show cause responses.
In the interests of fairness, the Stewards have today invited connections to table by 15 January 2021 any further submissions, responses or documents that they wish the Stewards to consider before the Stewards make their final determination as to whether their horse is to be disqualified under AR 234.
Subject to any unforeseen complications or considerations, the Stewards intend to promptly consider any further submissions received before the deadline with a view to making their final determinations on each of the 81 starters at the earliest opportunity in February 2021.
Should the Stewards’ final determination be that a horse is to be disqualified, then the connections of horses who finished behind the disqualified horse will be paid by RV the balance of any prizemoney owing based on the amended placings, provided they are eligible to receive prizemoney. Such payment will only occur on the expiration of any appeal rights.
Should the Stewards determine to disqualify a horse, it will then be a matter for the RV Board to determine whether RV exercises its rights under AR 224 and demands that any prizemoney won and paid to the Owner(s), Trainer and/or Jockey of the disqualified horse in the race in question be returned to RV.
At this time, the RV Board is awaiting the Stewards’ final determinations before making its decision regarding prizemoney and any recovery thereof.
Licensed trainers Robert Smerdon, Stuart Webb and Tony Vasil and registered stablehands Greg and Denise Nelligan, Trent Pennuto and Daniel Garland, all of whom were employed by Aquanita, were each disqualified for improper or dishonourable action(s) or practice(s) in connection with racing (Aquanita Case).
Please find following links to the RAD Board and VCAT decisions in the Aquanita Case:
- RADB Decision - 8 May 2018 decision
- VCAT Liability Decision - 13 September 2019 decision
- VCAT Penalty Decision – 31 December 2019 decision
Please find following the Australian Rules of Racing noted within the release:
AR 234 Disqualification of horse in connection to prohibited practice
A PRA or the Stewards may disqualify a horse entered or run in any race under a fraudulently false description or in connection with which any other improper or dishonourable action or practice referred to in this Part 9 is found to have been committed.
AR 224 Prizes to be repaid/returned following disqualification
In any case where a prize or part of a prize has been paid or awarded to a person who is subsequently found by a PRA or the Stewards not to be entitled to it by reason of the disqualification of that person’s horse or otherwise, that prize must, on demand, be repaid or returned by the recipient to the PRA or Club concerned.