Smyth finds out ?what a difference a day makes'

TWENTY four hours is a long time in racing ? just ask Rockhampton trainer Kerrod Smyth.

On Wednesday Smyth was jubilant over a dismissal of one charge and a $250 fine on another relating to race day medication to two of his horses at Mackay on March 8.

Yesterday, he was more sombre after being advised by the Racing Appeals Tribunal (RAT) that his appeal against a $5000 penalty imposed by Mackay stewards on March 16, 2005 had been dismissed.

Smyth had been charged in relation to Astroflash, his Mackay winner on September 25, 2004 having returned a positive swab to the banned substance Dexamethasone.

Astroflash was disqualified as race winner and Smyth fined the $5000 after two mammoth stewards inquiries into the matter.

A confident Smyth and Astroflashs managing owner Peter Peirano appealed the decisions on the basis of alleged contamination during the swab taking procedure in the Mackay swabbing stall.

The dual-appeals were heard by RAT in Brisbane in early May and as time elapsed awaiting the judgement decision, both Smyth and Peirano believed this was favouring a successful appeal.

"I was told by telephone advice this morning (Thursday) that the appeal had been dismissed. They said the judgement from the tribunal would be sent in the mail. I intend to study it closely,'' Smyth said.

Peirano was more forthright saying he was extremely disappointed with the outcome.

I felt we put forward an excellent case to win the appeal and retain the race. I thought we were odds-on to win that, Peirano lamented.

Late yesterday, stewards had yet to decide if they would appeal QC Tim Ryan's findings against Smyth relating to the $250 fine imposed on Tuesday an the dismissal of a similar medication charge.

To put it mildly, it is known that stewards were surprised by the outcome.

Meanwhile, in another setback for Smyth and Peirano, their consistent performer Pointy Stick fractured a leg in a paddock mishap on Wednesday and had to be put down.

Incidentally RAT has closed ranks and yesterday refused to supply The Morning Bulletin with any agendas including dates, confirmation and outcomes on appeals.

You now have to get that information from the parties themselves, spokesperson Nathan Smith said.

Disqualified Miles trainer Garnett Taylor, training on a stay of proceedings pending an appeal over a five-year banishment has lost numerous horses including boom Rockhampton bred filly Aleysa Khan.

That daughter of Palm View, Pink Lilybased stallion Kanoot has been transferred to trainer Ray McCall at the Sunshine Coast.



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