Trainer Mark Riley will take his case to the Supreme Court of Victoria after failing in his bid to get a three-year disqualification overturned by the Victorian Civil and Administrative Tribunal.
Riley was granted a stay of proceedings for 28 days to seek leave to appeal to the supreme court of Victoria.
The Mornington trainer was banned for three years last month by the Racing Appeals and Disciplinary (RAD) Board after he was found guilty of a bi-carb offence.
Gold For Kev was found to have a higher than allowed level of TCO2 in a pre-race sample at Sandown on July 13.
Riley appeared before VCAT on Thursday for a review of the RAD Board decision.
Patrick Tehan, QC, appearing for Riley argued that a prohibited substance had not been detected at all.
The sample analysed by Racing Analytical Services Limited detected a TCO2 reading of 37.061 millimoles per litre in plasma which was rounded up to 37.1.
Allowing for a measurement of uncertainty of 1.0, that was 0.1 above the allowed threshold of 36.0.
Tehan argued the rules of racing only allow for one decimal point and also argued that the measurement should not have been rounded up.
He said that once the measure of uncertainty was taken into account the reading was 36.061.
And with one decimal point, he said it should be 36.0.
VCAT senior member Roland Williams heard the case and in delivering his decision said he had no hesitation in finding the charge established.
Williams said he was satisfied from the samples and evidence from a RASL analyst that blood taken from the horse contained TCO2 in excess of the threshold.
“It’s a herculean task to ask the tribunal to accept 36.061 is not in excess of 36.0,” Williams said.
Article from JustHorseRacing.com.au