Originally Posted by
Thevoiceofreason
Here are RVL reasons for oliver being allowed to ride .... cop the tip the Minister will be satisfied because of the legals.
The new penalties to be discussed by the ARB will not happen.
Committee releases sequence of events that transpired during the Damien Oliver investigation
The Racing Victoria Investigation Committee overseeing Damien Oliver's bet on Miss Octopussy at Moonee Valley on 1 October 2010 has released a chronology of the sequence of events that transpired during the investigation;
1. The Investigative Committee was initially appointed by the Board of Racing Victoria on 21 August 2012 under Rule of Racing AR 7(iii)(c) to investigate the race fixing media reports relating to the race won by Smoking Aces. On 30 August 2012, the Board extended the Committee's brief to investigate the allegation against Damien Oliver shortly after receipt of an Information Report from the Racing Integrity Commissioner, Sal Perna.
2. The Information Report centred on an allegation from an unidentified source, that Damien Oliver had placed a $10,000 bet on Miss Octopussy which was a rival horse in race 6 at Moonee Valley Racecourse on 1October 2010. Mr Oliver rode Europa Point in the race.
3. The Investigative Committee comprised Rob Montgomery, Deputy Chairman of Stewards and James Hitchcock, Stipendiary Steward. Tony Burns, Barrister, was engaged to assist with independent legal advice.
4. The Rules of Racing operate as a contract between Racing Victoria and licensed persons. The Stewards' powers have certain limitations in that there is no power to compel non-licensed persons to assist with investigations nor do the Stewards generally have access to police information. Within these constraints, the Committee began the substantial task of gathering evidence, including the interviewing of key witnesses.
5. On 16 October 2012, the Committee contacted Mr Oliver to make an appointment to conduct an interview. Through his solicitors, Mr Oliver was reluctant to be interviewed by the Committee having regard to his legal right to silence.
6. Notwithstanding Mr Oliver's initial position, on 22 October 2012, Mr Oliver's legal representatives contacted the Committee and requested a "without prejudice" conference, which was held between Mr Oliver's legal representatives and the Committee on that day.
7. Without prejudice discussions continued between Mr Oliver's legal representatives and the Committee up until 12 November 2012. As these discussions were held on a without prejudice basis, the Committee was obliged to maintain the confidentiality of those discussions and not to disclose the content of those discussions.
8. Throughout the period of without prejudice discussions between Mr Oliver's solicitors and the Committee, the Committee continued with the task of obtaining further evidence, and in this regard, the following key witnesses were interviewed on the dates as indicated:
· 25 October 2012: Mark Hunter, racehorse owner, form analyst and punter;
· 1 November 2012: Robert Smerdon, licensed trainer;
· 5 November 2012: Lee Freedman, licensed trainer of Europa Point; and
· 7 November 2012: Laurie Bricknell, racehorse owner, retired bookmaker, punter and resident in Queensland
9. During this time, the Committee gave careful consideration as to whether immediate action should or could be taken against Mr Oliver (including standing him down) prior to the laying of formal charges.
10. The Committee formed the view that its best prospects of securing a certain conviction was to obtain an admission of guilt from Mr Oliver. Accordingly, the option of standing Mr Oliver down prior to the laying of charges was not pursued by the Committee on the basis that this would have most likely jeopardised an admission being obtained which would be admissible in any Stewards Inquiry.
11. The Committee also took into account that an admission would most likely provide further evidence in relation to the actions of others.
12. The signed admission was provided to the Committee on the afternoon of Monday 12 November 2012 at which time the Committee was in a position to prepare a brief to support charges being laid against Mr Oliver.
13. The following day, on 13 November 2012, Racing Victoria Stewards charged Mr Oliver with breaches of the Rules of Racing. Also on 13 November 2012, the Stewards stood Mr Oliver down under Rule of Racing AR 193 pending the hearing and determination of the charges and scheduled a Stewards inquiry for 10.00 am on 20 November 2012.
14. It should be noted that the Committee's inquiries into the matters raised during the investigation are ongoing.