Racing NSW stewards have rejected two requests for an adjournment in the first session of the Sam Kavanagh cobalt and caffeine case on Monday.
The legal representatives of vet Dr Tom Brennan and Flemington Equine Clinic practice manager Aaron Corby made plays for an adjournment during the first sitting of the inquiry.
Barrister Chris Winneke, representing Brennan, told the stewards panel hearing the case against his client shouldn’t proceed because there is a “great deal of uncertainty from the science” into the effects of cobalt on horses.
Winneke was referring to a study done by the University of California into “the effectiveness of cobalt increasing red blood cell production”. The study claims “it was not evident in its study of horses”.
Winneke told stewards they are in contact with the authors of the report and requested an additional “six to eight weeks” to allow them to further prepare a defence for Brennan.
Meanwhile, Corby’s legal representation Sam Duggan argued the New South Wales Thoroughbred Act doesn’t allow for his client to face charges under the Australian rules of racing.
“The act doesn’t allow a non-licenced person to be charged under the rules,” Duggan told stewards.
Racing NSW chief steward Ray Murrihy told both men’s counsel that the hearing would proceed as scheduled after providing two examples of cases involving non-licenced persons that were upheld.
Murrihy told Brennan’s barrister “there is a public interest in those matters being dealt with”.