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Appeals Update

Supreme Court dismisses proceedings commenced by Dr Adam Matthews in respect of cobalt charges.

On Wednesday, 2 March 2022, the Supreme Court of NSW delivered its judgment (Matthews v Racing NSW [2022] NSWSC) dismissing the proceedings commenced by Victorian veterinarian, Dr Adam Matthews, in respect of cobalt charges laid against him by Racing NSW Stewards in September 2015.

Dr Matthews was issued with 5 charges by Racing NSW Stewards in September 2015 arising from the supply of bottles labelled “Vitamin Complex” containing cobalt in concentrations some 175 times that of acceptable vitamin products administered to thoroughbred horses.

The use of those bottles by NSW licensed trainer, Mr Sam Kavanagh (who had been provided them by Victorian veterinarian, Dr Tom Brennan), resulted in lengthy periods of disqualification for Mr Kavanagh and Dr Brennan.

Dr Matthews was found guilty of those five charges by the Racing NSW Stewards in November 2015.

Dr Matthews appeal to the Racing NSW Appeal Panel in respect of those five charges was upheld on 6 May 2016. Racing NSW then appealed to the Racing Appeals Tribunal.

On 20 July 2020, the Racing Appeals Tribunal handed down its decision on liability (Racing Appeals Tribunal [20 July 2020]) upholding Racing NSW’s appeal on each of the five cobalt charges.

On 18 June 2021, the Racing Appeals Tribunal delivered its decision on penalty (Racing Appeals Tribunal [18 June 2021]), imposed a total penalty of 6 months’ disqualification.

Dr Matthews commenced judicial review proceedings in the NSW Supreme Court on 7 July 2021, challenging the findings of liability of the Racing Appeals Tribunal. A stay of the penalty of 6 months’ disqualification was imposed by the NSW Supreme Court pending the final determination of those judicial review proceedings.

In its judgment delivered on Wednesday, 2 March 2022, the NSW Supreme Court rejected all of the grounds pressed by Dr Matthews in their entirety and ordered that he pay Racing NSW’s costs.

The stay imposed on 7 July 2021 is no longer in place and Dr Matthews is subject to a period of disqualification of 6 months, commencing on 2 March 2022 and expiring on 2 September 2022.