https://www.racing.com/news/2018-05-10/aquanita-verdictSmerdon, Nelligans banned for life
Andrew Eddy (@fastisheddy) & Luke Sheehan (@LukeDSheehan) 2:23pm
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Trainer Robert Smerdon has been disqualified for life by the Racing Appeals and Disciplinary Board, as the penalties for the Aquanita Inquiry were presented at Melbourne's County Court on Thursday.
Smerdon, the most prominent of the eight industry participants found guilty of serious charges under the Australian Rules of Racing, was said to be 'the major driving force behind the scheme', and Judge John Bowman rued the 'sad' state of affairs when dealing out the lifetime disqualification to the fourth-generation trainer.
Smerdon may also face a further financial sanction, with his legal counsel, led on Thursday by Mr Tim McHenry, to submit details on his financial situation within seven days, and Racing Victoria stewards have a further three days to respond to that being put forward.
In addition to Smerdon's sanction, for their involvement, Aquanita employees Greg and Denise Nelligan were also disqualified for life.
Licensed trainers Stuart Webb (four years), Tony Vasil (three years), Trent Pennuto (two years) and Liam Birchley (one year) were also handed hefty disqualification periods.
Stablehand Daniel Garland was also disqualified for one year for his involvement.
UPDATE: Earlier in the day the RAD Board confirmed a decision on penalties would be handed down at 2pm for the eight people found guilty in the Aquanita Inquiry, after hearing submissions from involved legal parties at Melbourne's County Court.
The most pertinent point of the morning's penalty submissions was the legal argument around the possibility of a fine in addition to disqualification for Smerdon.
Racing Victoria stewards' legal counsel Jeff Gleeson, QC, had raised their demand for a minimum disqualification period of life for Smerdon plus a $100,000 financial sanction, however, McHenry expressed his surprise as the 'prospect of a fine has never previously been mentioned'.
McHenry further added that it 'captures me somewhat surprised', would be 'entirely inappropriate', 'completely premature' and 'potentially disastrous' for Smerdon.
Judge Bowman later put it to Gleeson regarding the proposition of a fine, and the potential tabling of Smerdon's financial situation, to which he submitted: "It's not a matter you should take into account, but if you do, we don't resile there should be a fine nonetheless."
He added: "One is a fine directly attached to his conduct. Another would be a civil consequence of his conduct. They are two very different things."
That comment regarding potential 'civil consequence' lies in the prospect of potential prizemoney redistribution regarding disqualification of horses - a matter Judge Bowman had earlier declared would not be handled directly on Thursday.
RV had called for a lifetime ban and a $100,000 fine for Smerdon at the opening of penalty submissions in the Aquanita Inquiry in Melbourne on Thursday morning.
Gleeson told the RAD Board that 63-year-old Smerdon was at the head of Australia's largest-ever doping scandal and as such should never be allowed back into the industry.
Gleeson also called for the RAD Board to impose life bans for Greg and Denise Nelligan for their part in 'perhaps the most serious offence in racing or any sport'.
The other five found guilty - Webb, Vasil, Pennuto and Birchley as well as Garland - should receive five-year disqualifications, the RAD Board heard.
Gleeson told the RAD Board the eight who were charged and earlier this week found guilty should be sanctioned on the basis their actions have 'individually and collectively cast a shadow over the entire racing industry'.
As far as I can tell, the drugs were milkshakes. Lifetime ban for milkshaking. That's treating cheating seriously.
