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In a dramatic widening of the Midsummer Sun inquiry, Racing NSW has summoned Australian Turf Club senior racing executive Matt Rudolph before an inquiry.
Racing NSW issued a release on Tuesday noting that Rudolph has been ordered to show cause as to why he should not be penalised pursuant to the Rules of Racing.
An independent investigation conducted by the honourable Keith Mason AC AQ advised Racing NSW of events on March 2, 2015, when Rudoph met with Mark and Sam Kavanagh at the Lord Dudley Hotel in Woollahra, Sydney.
“It will be alleged that Mr Rudolph pressured Mr Kavanagh to withdraw evidence that Dr Tom Brennan, Partner, Flemington Equine Clinic, was the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex’ containing cobalt,” said the Racing NSW release.
Matt Rudolph is the brother of Racing NSW Deputy Chairman of Stewards – Racing, Greg Rudolph.
Rudolph’s hearing will be conducted by a sub-committee of the Board Racing NSW on Wednesday, 5 August 2015 at 10am.
The full release from Racing NSW is below.
By notice dated 1 July 2015, Racing NSW has required Australian Turf Club employee, Executive Manager Racing, Mr Matt Rudolph to show cause why he should not be penalised pursuant to the Rules of Racing for conduct arising out of the Stewards’ inquiry into the discovery of cobalt and caffeine in the urine sample taken from Midsummer Sun (GB), subsequent to that gelding winning the Gosford Gold Cup at Gosford racecourse on Friday, 9th January 2015.
This follows an independent investigation and advice received by Racing NSW from the Hon Keith Mason AC QC.
The show cause notice relates to events on 2 March 2015 when Mr Rudolph met with Messrs Mark and Sam Kavanagh at the Lord Dudley Hotel in Woollahra, Sydney.
At the hearing, Mr Rudolph will be required to show cause why his conduct at that meeting was not an attempt to cause Mr Sam Kavanagh to change his evidence before the stewards in the MIDSUMMER SUN inquiry. In particular, it will be alleged that Mr Rudolph pressured Mr Kavanagh to withdraw evidence that Dr Tom Brennan, Partner, Flemington Equine Clinic, was the supplier of the 100ml injectable bottle labelled ‘Vitamin Complex’ containing cobalt.
The particulars require Mr Rudolph to show cause why the conduct was not:
i. (Breach 1) Dishonest, corrupt, improper and dishonourable conduct, in connection with racing, by making statements to Sam Kavanagh in connection with the stewards’ inquiry that he either knew to be untrue or for which he had no reasonable basis, contrary to AR 175(a);ii. An attempt to cause Sam Kavanagh to change his evidence to the stewards in connection with that inquiry; which was:
a. (Breach 2) an attempt to obstruct or hinder the stewards in the exercise of their powers or duties (specifically in the Midsummer Sun inquiry) contrary to AR 175 (l) and (t);b. (Breach 3) misconduct, improper conduct or unseemly behaviour contrary to AR 175 (q), and
c. (Breach 4) conduct prejudicial to the image, interests and welfare of racing contrary to AR 175A
A hearing in connection with Mr Rudolph will be conducted by Racing NSW on Wednesday, 5 August 2015 at 10am.
At the hearing, Mr Rudolph has the right to be legally represented, call witnesses and produce other evidence, and make submissions.
A sub-committee of the Board of Racing NSW consisting of Mr Ken Brown AM (who will sit as Chairman), Mr Russell Balding AO and Mr Tony Hodgson AM will hear the matter. An independent senior counsel, Mr Peter Braham SC, has been engaged to conduct the show cause hearing for Racing NSW.
Update: The Australian Turf Club has released a statement which notes that Matt Rudolph will continue in his role despite the show cause notice.
The full notice from the ATC runs below.
ATC RESPONDS TO SHOW CAUSE NOTICE ISSUED BY RACING NSW
The ATC supports Racing NSW investigating all allegations, to preserve and enhance the integrity of thoroughbred racing and its standing with the public.
Integrity is paramount in thoroughbred racing.
The Show Cause Notice centres on discussions between Mr Rudolph, Mr Mark Kavanagh and Mr Sam Kavanagh and Mr Rudolph is not in a position to make any public comment whilst the matter is the subject of a formal hearing.
Mr Rudolph has fully cooperated with the inquiries of Racing NSW and intends to keep doing so.
Mr Rudolph will continue in his role with the ATC until the hearing is determined, at which time the ATC will further review the matter.
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