STEWARDS were too cautious with Damien Oliver but there is no evidence that Oliver cut a deal with Racing Victoria.
MATT STEWART reports in the HERALD SUN that these are the key points of integrity commissioner Sal Perna's review of the handling of the Oliver betting case, relating to his $10,000 bet on Miss Octopussy in a race at Moonee Valley in October 2010.
Perna, who said his investigation had been frustrated by limited powers and legal restraints, said stewards took an "overly cautious'' approach allowing Oliver to ride through last year's Melbourne Cup carnival, despite growing evidence against him.
Perna said stewards should have stood Oliver down on October 25, after professional punter Mark Hunter admitted he had placed a bet on Oliver's behalf.
Oliver was eventually banned for 10 months on November 13, 11 days after winning the Victoria Derby on Fiveandahalfstar and four days after winning the Emirates on Happy Trails; earning him $78,000 in percentages, a nice parting gift.
Perna said that in not standing Oliver down after an admission from Hunter, and later trainer Robert Smerdon, then betting agent Laurie Bricknall, stewards were too concerned about possible legal ramifications and not concerned enough about upholding racing's integrity.
"In my view the public interest in preserving the integrity of racing outweighed the potential challenges," Perna said, adding stewards took an "overly legalistic" approach.
Perna said "the expanse of media and public criticism and damage to the interests of racing would have been reasonable grounds" to stand Oliver down before the coveted spring carnival.
He said stewards had misinterpreted Oliver's alleged right to silence, saying a wider police investigation, which had mentioned Oliver but not implicated him, did not give Oliver any right to say nothing about Miss Octopussy in the lead up to Cup Week.
Perna said there was no suggestion of "suspicious riding" from Oliver aboard unplaced Europa Point in the Miss Octopussy race.
Perna said he didn't subscribe to the theory that 10 months was too light, only that it began a few weeks too late.
As it turns out it was a lucrative few weeks for Oliver, whose two big cheques on two big Saturdays amounted to his biggest pay-days for the season.
CHRONOLOGY OF EVENTS IN THE DAMIEN OLIVER BETTING SCANDAL
Oct 1, 2010
DAMIEN Oliver bets $10,000 on the favourite Miss Octopussy in a race at Moonee Valley in which he rode second favourite Europa Point. Miss Octopussy won, Europa Point came sixth.
Aug 30, 2012
A COMMITTEE investigating race-fixing allegations receives a report from Racing Integrity Commissioner Sal Perna, who has been tipped off that Oliver placed the bet.
Oct 16
OLIVER’S spring carnival is in tatters as authorities investigate allegations he placed a $10,000 bet on a rival horse.
# VICTORIA'S biggest owner Lloyd Williams dumps Oliver from riding Green Moon in Cox Plate.
# OLIVER is punted from Luca Cumani's Caulfield Cup hope My Quest For Peace.
Oct 15
LEADING trainer Leon Corstens declares the jockey will stay on Commanding Jewel in the Group 1 Thousand Guineas.
Oct 17
OLIVER produces an inspired ride as Commanding Jewel shows blinding acceleration to win the Thousand Guineas.
Oct 22
OLIVER and his lawyers to take part in a ``without prejudice'' conference with no public disclosure.
Oct 25
INVESTIGATIVE committee interviews punter and form analyst Mark Hunter who took Oliver's bet.
Oct 27
OLIVER grabs the prized Melbourne Cup mount on 2010 winner Americain following sacking of French jockey Gerald Mosse.
Nov 3
OLIVER revives memories of one of Australian sport's most famous moments when he blows a kiss to the heavens after riding longshot Fiveandahalfstar to a Victoria Derby victory. Oliver performed a similar gesture to his brother Jason after winning the 2002 Melbourne Cup on Media Puzzle.
Nov 6
MIXED Melbourne Cup Day for the embattled jockey. Wins on Walk With Attitude but finishes 11th on the highly fancied Americain in Cup.
Nov 10
PRODUCES masterful ride to narrowly win Emirates Stakes aboard Happy Trails. The victory gives him 97 Group 1 winners.
Nov 12
OLIVER provides a signed admission admitting to illegal gambling.
Nov 13
OLIVER is charged with illegal betting. It is understood the two charges follow Oliver formally admitting to illegal gambling the previous day and also to breaking another rule of racing by using a mobile phone from the jockeys' room.
Nov 14
RACING Victoria chief executive Rob Hines denies that Damien Oliver told stewards he placed a bet on Miss Octopussy before his admission to them. Hines also rejects accusations that RVL delayed charging Oliver until after the spring carnival.
Nov 20
OLIVER is banned for eight months and suspended for a further two months on the betting charge and given a concurrent one-month sentence for using a mobile in the jockeys' room.
The champion jockey blames alcohol abuse, a marriage breakdown and stress linked to "confidential matters'' for lapse in judgment. He cannot ride in races until September 13.
THE BREAKDOWN OF HIS BAN
DISQUALIFICATION
(eight months)
* Cannot attend trackwork or race meetings
* Cannot associate with any licensed person - jockeys, trainers, owners or others under licence to racing officialdom
* Banned from all racing functions
SUSPENSION
(two months)
* Can ride trackwork - but not in races - and have contact with licensed racing folk
POTENTIAL LOSSES
$400,000 in riding fees and percentages, sponsorship and endorsements
Dec 4
RV stewards announce Miss Octopussy inquiry is over but are reviewing role played by trainer Robert Smerdon, who delivered $11,000 in winnings to Oliver.
Dec 20
RV stewards charge Robert Smerdon for "conduct prejudicial to the image, or interests, or welfare of racing''. Smerdon was handed $11,000 by commission agent Mark Hunter to give to Oliver after the jockey bet $10,000 on rival horse.
Feb 13, 2013
SMERDON is fined almost the same amount as the now infamous wad of cash he handed to Damien Oliver, with the Racing Appeals and Disciplinary Board hitting Smerdon with $10,000 fine for his role.
Apr 8
RACING Victoria announce tough new laws that include jockeys suspected of serious integrity offences being stood down before a formal hearing.
Under the new rules, anyone charged with a serious offence can be stood down if that person's continued participation undermines the sport's image or integrity.
June 18
SMERDON loses appeal against fine.
Yesterday
RACING Integrity Commissioner finds Racing Victoria should have stood Oliver down sooner but no evidence of a deal that Oliver could ride through the spring racing carnival.
POSTNOTE: Oliver has ridden almost 1100 winners, including two Melbourne Cups, four Caulfield Cups, the Cox Plate and the Golden Slipper, the Grand Slam of Australian racing.
