The appeals of trainers Mark Kavanagh and Danny O'Brien against charges for presenting horses under their care to race with cobalt overages will resume Sept. 5, according to Racing.com. The appeals, which have been staged over the last nine days, were initially expected to run that length of time, but it soon became clear the cross-examination of witnesses was taking longer than expected. Justice Greg Garde has earmarked five more days for the appeal, during which the likes of Dr. David Batty, Racing Analytical Services Limited chief; Terry Bailey, chief steward; and Dr. Brian Stewart, chief veterinarian, will be cross-examined.
The basis of the appeal presented by Damian Sheales, representing both Kavanagh and O'Brien, has been that all three of the aforementioned were aware the testing on the samples of the trainers' horses in 2014 was not conducted within the rules of racing.
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