TRAINER Danny O’Brien told a hearing on Wednesday that he did not initially tell Racing Victoria stewards he paid $3000 for his share of an IV drip trial because he feared he’d be “wronged” by stewards.
The Victorian Civil and Administrative Tribunal heard O’Brien transferred $3000 from his account to former Flemington Equine Clinic vet Dr Tom Brennan, who is serving a five-year disqualification for his part in the cobalt saga.
Despite being interviewed by stewards first on January 14, 2015, and then on February 24 and May 13, O’Brien didn’t reveal the $3000 payment until Brennan made admissions to stewards on July 20.
Jeff Gleeson, SC, for Racing Victoria, put to O’Brien that an honest and unsuspecting person would have volunteered the payment in his first interview with stewards.
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READ NOWO’Brien agreed that on January 14, or shortly after being informed of positive tests for cobalt, he feared the drip trials were central.
“You know, you have paid Brennan $3000 for the drip trials, and yet nonetheless you don’t tell the stewards,” Gleeson said.
Under Gleeson’s lengthy cross-examination, O’Brien said he had not forgotten about the payment.
“And indeed you were hoping against hope that it remained a secret,” Gleeson said.
O’Brien replied: “Certainly the way things panned out between myself and stewards and the tenure of everything post that, I knew it would be used aggressively against me, as it was.
“Once it was disclosed they (RV) put a press release out the next day isolating one fact, as you are well aware, of a multifaceted investigation.
“They put in the press that I paid $3000 for vitamins. It was put in the press that I paid $1000 a bottle — a mystery bottle that I have never seen.
“It was once again used by the stewards in the exact manner that I knew it would be.”
O’Brien said trust with the stewards had broken down very quickly.
He said there was nothing sinister about the payment but denied he was angry with Brennan for telling stewards about it because it meant that he knew the drips contained a prohibited substance.
“No, no, no,” O’Brien replied. “I was angry with Dr Brennan, full stop.
“I knew what exactly occurred in the next 48 hours that (chief steward) Terry Bailey would once again betray everyone’s trust and use it publicly to demean myself and the other trainers despite giving undertakings to Dr Brennan that those facts would not be disclosed until everyone had the chance to examine them in proper proceedings.”
O’Brien and fellow trainer Mark Kavanagh are appealing their lengthy disqualifications on cobalt charges. The appeal resumes on October 10.
November 2 and 4 have been set aside to hear closing submissions.
