Moodie leaked cobalt info, court told

August 08, 2017

A legal attempt is being made to quash a report by Racing Integrity Commissioner Sal Perna.

Victoria's racing integrity commissioner went off on a "frolic" when asked to investigate a cobalt investigation leak, the judge being asked to quash his report has been told.

Former Racing Victoria chairman David Moodie wants the Victorian Supreme Court to overturn commissioner Sal Perna's "devastating" findings that he inappropriately disclosed information and misled the RV integrity council and board.

Mr Perna reframed a simple request for information about the leak into a full-scale investigation and prosecution of the racehorse owner and breeder, Mr Moodie's barrister Simon Wilson QC said.

"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," Mr Wilson told the court.

Mr Wilson said Mr Perna exceeded his powers in making the findings, as he received a referral into the January 2015 leak rather than a complaint.

He said the commissioner did not have the power to issue a media release, which revealed the the most damning findings against Mr Moodie, after handing his confidential report to the RV board last December.

Mr Moodie was cleared of being the original source of the leak about the positive cobalt results for Mark Kavanagh and Danny O'Brien's horses.

But Mr Perna found Mr Moodie, then a RV board member, inappropriately disclosed information that compromised the investigation and misled the RV integrity council and board about what he told his trainer Peter Moody.

Mr Perna's barrister Melinda Richards SC will outline his response before Justice Kevin Bell when the case concludes on Tuesday.

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