At least three of the five trainers caught up in the current cobalt crises are now considering appealing a decision by stewards to freeze their prizemoney percentages if earned in Group or listed races.
Peter Moody, Mark Kavanagh and Danny O'Brien who are all charged over cobalt positive swabs are strongly examining whether to lodge an appeal of the stewards finding.
In a landmark decision Racing Victoria stewards imposed a penalty that Moody, O'Brien, Kavanagh and Lee and Shannon Hope have their prizemoney percentages (10 per cent) frozen in Listed and Group races.
It's understood that Moody, Kavanagh and O'Brien will consider lodging an appeal however they only have three days in which to notify officials.
Moody who is at the Darwin Cup meeting is believed to be waiting to return to Melbourne before holding discussions with his legal team. The Hopes indicated during the show cause hearings that they would be prepared to endure a prizemoney freeze until the hearing on October 13.
Instead of being stood down, all five trainers will have to forfeit their trainer's percentage (10 per cent) of prizemoney from Group and listed races that their horses win between now and the hearing date.
If the trainers are found guilty those frozen percentages will be immediately forfeited.
During the show-cause hearings last Tuesday only Lee and Shannon Hope said that they would adopt the freezing of prizemoney percentages if required.
RV chairman of stewards, Terry Bailey believed the interests of racing had to be safeguarded.
"Having considered all evidence and submissions, stewards are of the opinion that the continued participation of each trainer might undermine the image of racing given the serious prohibited substance charges they are facing and that the cases against them are strong," Bailey said.
"The stewards are of the further opinion that elevated cobalt levels are a serious breach of the rules of racing and given the number and profile of the trainers involved it has placed significant global attention on Victorian racing and the image and conduct of our sport."
"The stewards consider that racing's interests are best served by safeguarding the reputation and image of racing, particularly in races which attract significant national and international attention."
Moody as well as Kavanagh and O'Brien all rejected having their money frozen.
Moody told Racing Victoria stewards that he had 110 horses in full work, 70 staff on a $50,000 a week payroll and an interest in a number of horses in his own stable.
Moody said after his hearing: "Every dollar we get is funnelled back into the business".
The racing industry was stunned when RVL stewards issued show-cause notices against the five trainers.
Last Tuesday, through their legal counsel, all the trainers involved gave evidence about the possible stand down notices.
The show-cause notices had been issued in part because of new evidence provided to Racing Victoria from veterinarian Tom Brennan.
Brennan recanted old evidence and said he had sold "vitamin bottles" to Kavanagh and O'Brien.
Brennan has told racing investigators that the two Flemington horse trainers paid him $3,000 each to purchase vitamins, which were later shown to contain cobalt which is illegal when present in concentrations of more than 200mg per litre of urine.
In part the five trainers that were served with the notices could have been for the potential perception that the interest of racing would be tarnished if they were allowed to remain training.
