Penalty hearing date set for Warrnambool trio over animal cruelty charges

An already postponed directions hearing for Warrnambool racing trio Darren Weir, Jarrod McLean and Tyson Kermond over racing cruelty charges has now been further adjourned.

The Racing Victoria Tribunal advised just after 5pm on Tuesday, May 7, 2024, that a penalty hearing would now be scheduled to start at 9am on Monday, June 3.

"The directions hearing listed for Wednesday, May, 8 has been vacated," the VRT announcement said.

"Consequently, the tribunal has set down the following orders:

"By 4pm on Friday, May 17, the stewards file and serve any submissions as to penalty.

"By 4pm on Friday, May 24, the respondents each file and serve any submissions as to penalty and any material upon which they seek to rely at the penalty hearing.

"By 4pm on Wednesday, May 29, the stewards file and serve any material in reply to that which is filed pursuant to order two (above)."

The penalty hearing is listed at 9am on Monday, June 3, at the Victoria Racing Tribunal hearing room in Melbourne.

Observers and the media are not permitted to attend in person and the hearing will be conducted via a video link.

On Wednesday, April 24:

Former leading thoroughbred trainer Darren Weir and two Warrnambool staff members have been cleared of corruption charges relating to the 2018 Melbourne Cup.

The three-person tribunal - chairman Judge John Bowman, Judge Kathryn Kings and former Racing Victoria chief steward Des Gleeson - found they were not comfortably satisfied three corruption charges were proven.

In handing down the verdicts on Weir, his stable foreman Jarrod McLean and stablehand Tyson Kermond, the judge said it had not been proven they had corrupted the outcome of a race or their actions in using a "jigger" on three horses before the Melbourne Cup were likely to affect the outcome of the race.

Weir, McLean and Kermond, were each charged with 10 offences relating to the use of an electronic device at Weir's Warrnambool stables on October 30, 2018.

That was a week before the 2018 Melbourne Cup.

Graphic footage captured by Victoria Police on a hidden camera at Weir's stables showed the horseman administering shock treatment to three horses on a treadmill.

It showed cup contenders Red Cardinal, Tosen Basil and Yogi being shock treated on a treadmill.

Judge Bowman said only Red Cardinal raced in the Melbourne Cup and finished a distant second-last.

He also found the evidence of horse psychologist Dr Andrew McLean far from compelling.

In a detailed decision, Judge Bowman outlined more than 20 instances, particularly under cross-examination by barrister Damian Sheales, where Dr McLean provided insubstantial evidence.

The crux was that Dr McLean was not a racing trainer and had little knowledge about the racing industry.

Weir pleaded guilty to seven charges, including animal cruelty.

McLean and Kermond pleaded guilty to six counts, relating to animal cruelty.

But, on Wednesday McLean and Kermond were also found guilty of charge No. 10 - relating to acting in a corrupt, dishonesty or misleading way.

The case has now been adjourned to a directions hearing, likely to be next week, where it's expected a plea hearing will be scheduled on the uncontested animal cruelty charges.

Mr Sheales, acting for McLean and Kermond, said it was now obvious the stewards had erred in trying to make the circumstances of the case fit the corruption charges.

The basis of the animal cruelty case against the trio remains and Weir is expected to be disqualified - the sentence to be counted in years.

He's already been sidelined for four years after pleading guilty to possessing a jigger at Ballarat in 2019, time he has already served.

On Wednesday, 7.10am:

Australia's former leading thoroughbred horse trainer Darren Weir, caught on camera in Warrnambool using a "jigger" on Melbourne Cup hopefuls, is expected to be banned for years on Wednesday, April 24.

The Racing Victoria tribunal panel will hand down verdicts in an animal cruelty case from 9am on following the protracted investigation into the activities of former leading horseman Darren Weir.

Weir, his Warrnambool stable foreman Jarrod McLean and stablehand Tyson Kermond, have each been charged with 10 offences relating to the use of an electronic device at Weir's Warrnambool stables on October 30, 2018.

Weir pleaded guilty at the tribunal hearing to seven charges and the others to three offences.

The verdicts will be handed down on Wednesday morning, before plea material is provided to the panel and the panel will then determine suitable penalties.

It's likely that process will be completed on Wednesday.

The three-person tribunal - chairman Judge John Bowman, Judge Kathryn Kings and former Racing Victoria chief steward Des Gleeson - heard extensive evidence and submissions during the three-day hearing last month.

Graphic footage captured by Victoria Police on a hidden camera on October 30, 2018, at Weir's Warrnambool stables showed the horseman administering shock treatment to three horses on a treadmill in the lead-up to the Melbourne Cup.

On March 20: Racing Victoria stewards claim all 10 charges have been proven against disgraced Melbourne Cup winning trainer Darren Weir.

They are expected to call for a lengthy ban at a Racing Victoria tribunal.

Weir, his Warrnambool stable foreman Jarrod McLean and stablehand Tyson Kermond have each been charged with 10 offences relating to the use of an electronic device, known as a "jigger", at Weir's Warrnambool stables on October 30, 2018.

Weir pleaded guilty at the tribunal hearing to seven charges and the others to three offences.

The three-person tribunal - chairman Judge John Bowman, Judge Kathryn Kings and former Racing Victoria chief steward Des Gleeson - have heard extensive evidence and submissions during the past two-and-a-half days.

On Wednesday morning, March 20, barrister Albert Dinelli, KC, said stewards had filed a 30-page written submission.

He said no explanation had been provided by either Weir, McLean or Kermond and he submitted they had been involved in a "fragrant breach" of the rules of racing.

Graphic footage captured by Victoria Police on a hidden camera on October 30, 2018, showed Weir administering shock treatment to three horses on a treadmill in the lead-up to the Melbourne Cup.

In closing submissions, Mr Dinell said no explanation had been provided by either Weir, McLean or Kermond and it could be inferred by them deciding not to give evidence to the tribunal that they had no excuse for their involvement in the use of the jigger.

The stewards say there were a number of elements in the breach of the rules.

That included Weir used a jigger on three horses and he had admitted to that conduct.

That he did act with the intention of affecting the outcome of any race any of those three horses took part in, and which race was not relevant and neither was their finishing position.

Mr Dinelli said a person may not be involved in an activity which intended to corrupt the outcome of a race.

He said it was also submitted that Weir's action in using the jigger was conduct below the standard of a person of reasonable integrity.

The barrister added jiggers were a prohibited device designed to inflict pain and their use by anyone was below the standard of integrity of a reasonable person.

Mr Dinelli said once it was clear definitions applied then the case was not that complex - a person must not do an act which aimed to affect an outcome of a race.

He said the rules of racing were broken even if the outcome of a race was not impacted.

It was alleged the use of the jigger in the days leading up to the Lexus Stakes and the Melbourne Cup and those actions aimed to affect the outcome of those races.

Mr Dinelli claimed Weir was the principal perpetrator and the other two men were a party to his actions.

He said McLean and Kermond knew what Weir was about to do and they did nothing about it when he used the jigger.

The barrister claimed people could have walked past the treadmill at the Warrnambool stables about midday on October 30, 2018, "when this horrible event occurred".

He said former chief steward Rob Montgomery gave evidence there was no reasonable excuse for anyone to use a jigger on a horse.

Mr Dinelli said Weir admitted in interviews with stewards the use of the jigger was aimed at improving the performance of the horses.

He said based on the entirety of the material the tribunal should be comfortably satisfied all 10 charges had been proven in relation to each of the charged men.

The barrister said Weir attempted to affect the outcome of a race and McLean and Kermond were a party to that aim.

He said the case concerned corrupt conduct one week before the 2018 Melbourne Cup, it was days before the Lexus Stakes in which Yogi ran and Weir shocked the three horses with the aim of improving their performance in coming races.

Weir's barrister Ian Hill, KC, said the corrupt conduct rules, to which his client had pleaded not guilty, was not introduced to cover animal cruelty offences.

The corrupt conduct rules carry a five-year mandatory ban.

Mr Hill said those rules aimed to cover cases such as horse substitution in races or bribing a jockey.

The barrister said the corruption charge had to involve getting an unfair advantage or a disruption to the level playing field, not trying to get a horse to perform to the best of its ability.

Barrister Damian Sheales, acting for McLean and Kermond, said corruption conduct was a much higher threshold of offending than dishonesty and there needed to be intention proven.

He said if a race was conducted it must proven that the corrupt conduct affected the integrity of the race.

The barrister said it had to be shown Weir not only intended the performance of a horse to be improved, but for the race to be corrupted.

He said racing participants with an intent to corrupt a race had to have a race in mind, such as tubing a horse on the way to the races to delay the onset of lactic acid.

"The charge must fail," Mr Sheales said.

Japanese bred $2.5 million purchase Tosen Basil did not start again after being shocked, Red Cardinal ran second last in the Melbourne Cup and Yogi ran seventh of 11 in the Hotham Handicap before winning the listed Sandown Cup.

The panel is hearing closing statements today before it's expected to reserve its decisions until a date to be fixed.

Weir has already served a four-year ban for possession of a jigger at Ballarat.