Trainer Robert Smerdon. Picture: AAP
Trainer Robert Smerdon. Picture: AAP

Smerdon fails in legal bid against RAD Board hearing

THE case against disgraced former trainer Robert Smerdon will go ahead on Monday after he failed in a legal bid to challenge the Racing Appeals and Disciplinary Board's jurisdiction.

Smerdon is facing 115 charges relating to the administration of alkalinising agents and/or medications to a horse or horses on race days between 2010 and 2017, after a lengthy investigation by Racing Victoria stewards.

In an attempt to avoid penalty, Smerdon's legal representative Tim McHenry on Tuesday tried to convince RAD Board chairman Judge John Bowman that because the trainer had handed in his licence, he should not be dealt with as a licenced person.

However, Judge Bowman summarily dismissed the arguments and said the RAD Board "can and will continue to deal with this case".

In his findings, Judge Bowman said the RAD Board did not accept the concept that a licensed person can breach the rules of racing and then avoid the consequences by surrendering their licence.

"We do not accept Robert Smerdon can escape the consequences of his behaviour by the surrender of his (trainer's) licence," he said.

Eight people involved in the Aquanita case have been charged with dishonest, corrupt or fraudulent, improper or dishonourable action over alleged systematic race day treatment.

Smerdon and two others charged - float driver Greg Nelligan and his wife Denise - have indicated they won't be attending the RAD Board hearing, which will sit at the County Court from Monday.