Life ban for Robert Smerdon as Judge comes down hard
Robert Smerdon Photo: Darryl Sherer
Article Author
Ben Dorries
10 May 2018
0 Comments
Robert Smerdon has been disqualified from racing for life and fellow Aquanita raceday treatment ringleaders Greg and Denise Nelligan have also copped lifetime bans.
In banning Group I winning trainer Smerdon for life, Racing Appeals and Disciplinary Board chairman Judge John Bowman declared it was “sad that a trainer of his eminence from a strong racing family should have been such a major force behind the scheme.”
“His scandalous conduct deserves the strongest condemnation,” Judge Bowman said.
Bowman said the penalties in the matter “must reflect the gravity of what occurred” as he handed down lifetime disqualifications for Greg and Denise Nelligan.
Of the rest of the Aquanita Eight, Group I winning trainer Stuart Webb was given the most severe penalty as he was disqualified for four years.
Fellow Group I winning trainer Tony Vasil was banned for three years while Brisbane trainer Liam Birchley was handed a one-year disqualification.
Trent Pennuto was disqualified for two years while stablehand Daniel Garland copped a one-year disqualification.
The Aquanita Eight were earlier this week found guilty of a total of 271 counts under a variety of racing rules, primarily relating to raceday treatment, following the detection of raceday treatment of Lovani by Greg Nelligan at Flemington last spring.
In handing down the penalties, Judge Bowman said Greg Nelligan was one of the prime movers in the nefarious scheme which was “designed to strike at something of major importance to racing .. namely its integrity.”
Bowman said Denise Nelligan at times encourages the use of top-ups (raceday treatment) while Webb was “involved in the whole duration of the crooked enterprise.”
As for Birchley, Bowman said he may have severed links with Aquanita but he kept up contact with Greg Nelligan.
“Each of instances (of being party to the administration of raceday treatment by Birchley) occurred during the spring carnival and the last was on Melbourne Cup day,” Bowman said.
Smerdon and Greg Nelligan also copped six month bans for a charge related to the administration of Vicks to a horse but Bowman said the totality of the guilty findings was they were disqualified for life.
In a penalty submission to the RAD Board on Thursday morning, RV legal counsel Jeff Gleeson submitted Smerdon should not only be banned for life but also fined $100,000.
In handing down the verdicts, Judge Bowman said a fine would probably be imposed on Smerdon but the RAD Board wanted an extra seven days to consider Smerdon’s financial situation.
In asking for the penalties earlier in the day, Gleeson told the RAD Board the Aquanita Eight were “guilty of the most serious offence imaginable in racing … probably in any sport they are guilty of systematic cheating.”
“They individually and collectively have cast a shadow over thoroughbred racing.”
At the start of the penalty hearing, RAD Board chairman Judge John Bowman said he would not immediately deal with the issue of potential disqualification of treated horse or for the potential for race placings to be amended.
Judge Bowman said that was a matter for another day.
Rule Number(s): 870(3), 1003(2), breaking horse regsAt the conclusion of Race 1, the JUST ESSENCE CATERING HANDICAP TROT, an information was lodged by Mr Wallis under r 870(3) and breaking horse regs alleging that TROUBLE GIERO galloped in excess of 50 metres in the final 200 metres. Judge’s placings were: 1st 2 ACE COMMANDER 2ND 3 SPOTLIGHT THE VALLEY ...View the full article
