Leak report 'devastated' ex-racing chair

AAP - Monday August 7

Former Racing Victoria chairman David Moodie has been devastated by the racing integrity commissioner's findings against him over a cobalt investigation leak, a court has heard.

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Former Racing Victoria chairman David Moodie. Photo: Darryl Sherer

Commissioner Sal Perna determined Moodie was not the original source of a leak about positive cobalt results for two trainers but found he compromised the investigation by disclosing the information.

Moodie's barrister Simon Wilson QC on Monday said Perna had exceeded his powers in making the findings, as he received a referral rather than a complaint.

"This former policeman has gone on an absolute frolic of his own in terms of enlarging it, no doubt perhaps to justify his position or show how important he is," Wilson told the Victorian Supreme Court.

"A simple request for information has been turned into a prosecution of our client."

Wilson says Moodie has been devastated by the report.

"He owns multiple racehorses," he said.

"He hasn't been on a race track for months. His family's upset. He's upset.

"It's had a devastating effect on him personally."

Perna found Moodie, then an RV board member, inappropriately told trainer Peter Moody in January 2015 about positive cobalt swabs for horses trained by Mark Kavanagh and Danny O'Brien, compromising or potentially compromising the integrity of the investigation.

His December 2016 report also found Moodie misled the Racing Victoria Integrity Council and the RV board about what he told Moody, who trained horses for him.

Moodie's writ alleged the commissioner ought to have found he was merely passing on an unsubstantiated rumour without identifying the other trainers' names and that his conduct could not have had a detrimental effect on RV's cobalt investigation.

Wilson said the evidence is that Moodie did not name the two other trainers who were rumoured to have positive cobalt swabs when he spoke to Moody, who himself had a positive result.

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