Trainer Jarrod McLean's presents case to Court of Appeal

Justices Pamela Tate, Stephen McLeish and Richard Niall on Wednesday heard a range of submissions from Andrew Broadfoot, QC, on behalf of McLean.

In particular Mr Broadfoot submitted that information obtained through a police search warrant at a Yangery property in January last year - including six syringes - should not have been passed on by police to Racing Victoria.

Mr Broadfoot said in August last year police decided to write a detailed letter to Racing Victoria and a significant amount of information obtained by police was disclosed to stewards.

He contended the warrant was for criminal purposes only, the letter was only written because of what was found, it was an unauthorised disclosure, the disclosure was not necessary to protect the community and breaches of racing rules were not criminally unlawful.

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Barrister Paul Holdenson, QC, acting for Victoria Police, said officers were concerned about horses after the search warrant uncovered items including a syringe with stimulant EPO.

He said horses treated with EPO could suffer heart failure during a race and put jockeys in danger of death.

Mr Holdenson said there was a common law duty for police to disclose information of potential wrongdoing, gained while conducting a criminal investigation, to the relevant regulator.

He said such regulators could have particular expertise and the McLean case fitted into that common law duty.

Mr Holdenson said it was an "absurdity" a police officer could not disclose observations to the relevant disciplinary authority.

The justices are expected to hand down a decision on a date yet to be scheduled.

The appeal came after the Supreme Court in October last year ruled police had acted lawfully when it gave the state's racing body information about evidence seized at Yangery.

McLean, the former assistant to disqualified trainer Darren Weir, had sought to stop Racing Victoria charging him with further counts based on the evidence.

It comes as McLean faces 16 criminal charges for allegations including corrupt betting, and the use of poly pipes and electric shock devices on horses including 2018 Melbourne Cup runner Red Cardinal.

McLean, Weir, and stablehands William Hernan and Tyson Kermond together face 34 charges ranging from betting corruption to animal torture.

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