In an adjourned penalty hearing Monday, Australia’s Racing and Disciplinary Appeals Board pronounced a three-year ban against Victorian trainer Mark Riley. On Jan. 29, Riley was found guilty of administering the prohibited substance TCO2 (bi-carb) to one of his charges ahead of a race at Sandown last July. The trainer pleaded not guilty and argued that he was suffering from mental distress at the time of the events. Evidence was brought to the Board by his wife, a registered nurse and a psychiatrist, yet the verdict from Judge Russell Lewis concluded that, “

[The evidence] has failed to satisfy the Board to the required standard that Riley’s impaired mental functioning was a link to the breach of the rules and substantially reduce his culpability.”

The disqualification is set to commence on Mar. 3, which means Riley is given until then to have all horses in his care transferred to other trainers. The interdiction to race horses under his name takes immediate effect, and most prominently applies to Of The Brave (Aus) (Starspangledbanner • Aus), who currently assumes third-favorite status for Saturday’s G1 Blue Diamond S. Riley’s legal counsel Damian Sheales said after the verdict that an appeal would be lodged Tuesday with the Victorian Civil and Administrative Tribunal, applying for a stay of proceedings.

However, Racing Victoria has warned that the identity of Of The Brave’s trainer come Saturday will be a decisive element of the horse’s acceptance into the Blue Diamond. “Owners are entitled to accept for the race, but it will play out from here to Saturday as to who is likely to train the horse,” Racing Victoria’s chief steward Terry Bailey told Australian Associated Press. “We will have to be satisfied with whatever application comes in as to who will train the horse.”