Former leading trainer admits using jigger on Melbourne Cup horses

Former Australian leading trainer Darren Weir has pleaded guilty to seven offences relating to the use of a jigger at Warrnambool on racehorses prior to the 2018 Melbourne Cup.

Weir entered not guilty pleas at the Racing Victoria tribunal hearing on Monday, March 18, in Melbourne to three charges relating to corruption, dishonesty and misleading behaviour.

Victoria Police had a warrant approved to install a hidden camera at Weir's Warrnambool stables in 2018.

He was filmed along with stable foreman Jarrod McLean and stablehand Tyson Kermond, using an electronic device, known as a jigger, on three horses the week before the 2018 Melbourne Cup.

Almost 15 minutes of graphic and disturbing footage played to the three-person tribunal showed Weir use the jigger on three horses, while assisted by McLean and Kermond.

Kermond brought the horses onto and off a treadmill.

McLean used a polythene pipe to reinforce the training, hitting the horses under Weir's instructions.

Stewards say Weir was the licensed trainer of racehorses Red Cardinal, Tosen Basil and Yogi and he was caught on the footage about noon on October 30, 2018, shock treating the horses while they were on a treadmill.

Weir shocked Red Cardinal on about seven occasions, to Tosen Basil on about nine occasions and to Yogi on about nine occasions.

Three charges they all admitted to relate to the care and welfare of horses, and that on October 30, 2018, Weir committed an act of cruelty to the horses while assisted by McLean and Kermond.

There is plenty of conjecture about whether the charges overlap, are consumed by the cruelty offences or whether other charges are effectively alternatives.

In an interview with stewards on January 25, 2023, Weir explained that owners paid $2.5 million for the Japanese bred Tosen Basil which was under-performing, had lost five lengths and "it wasn't a great look".

He said he applied the jigger in an attempt to get the horses to turn around their form, that it was a "one off" and he never did it again because it didn't work.

Weir maintained during another interview on August 15 last year the day the footage was captured was the only time he had ever used an electronic device on a horse.

Barrister Damian Sheales, representing McLean and Kermond, entered guilty pleas to three charges for his clients claiming other charges were effectively consumed by the cruelty charges and were alternatives.

The tribunal has been told the hearing is highly unlikely to last the scheduled five days and Monday's sole witness, former chairman of stewards Robert Cram, would only take half an hour to give evidence.

Weir's Warrnambool and Ballarat stables were raided by police and stewards on January 30, 2019.

The video of the horses being shocked was first played in the Warrnambool Magistrates Court on December 14, 2022, and is the key evidence in the RV hearing.

Weir was previously banned by RV for four years in February 2019 for possessing a jigger at his Ballarat stables.

Racing Victoria stewards in September last year issued 10 charges against each of Weir, McLean and Kermond under the Australian Rules of Racing.

The current charges relate to the stewards' inquiry into the conduct of the trio which was reactivated after further evidence was presented in the Warrnambool court in December 2022, in the course of criminal proceedings against the three individuals.

On December 16, 2022, Weir and McLean were each not convicted in the Warrnambool court and fined $12,000 on each of three animal cruelty charges, a total of $36,000 each.

Kermond was not convicted and placed on a two-year good behaviour bond with the condition he make a $10,000 donation to the RSPCA.

The RV hearing is expected to continue on Tuesday with defence counsel requesting all witnesses be available to expedite the case.

Barrister for the stewards Albert Dinelli, KC, said the video and interviews with the defendants were the main evidence and he argued all particulars of each charge were made out.

The hearing will continue after lunch.

At 10.46am:

Former Australian leading trainer Darren Weir has pleaded guilty to seven of 10 offences he's been charged with relating to the use of a jigger on racehorses prior to the 2018 Melbourne Cup.

Counsel on behalf of Weir entered not guilty pleas to charges one, two and three, and guilty to charges four through to and including charge 10.

Charges one, two and three allege that Weir engaged in corruption, dishonesty and misleading behaviour.

The summary of the particulars for those charges are that Weir was at all relevant times the licensed trainer of racehorses Red Cardinal, Tosen Basil and Yogi and that on or about October 30, 2018, on each horse Weir used an electric or electronic apparatus capable of affecting their performance in a race, that Weir applied the apparatus to Red Cardinal, Tosen Basil and Yogi with the intention of affecting their performance, and thereby affecting their results in future races.

Charge four, five and six relate to the care and welfare of the horses.

The particulars are that on October 30, 2018, Weir applied the apparatus to Red Cardinal on about seven occasions, to Tosen Basil on about nine occasions and to Yogi on about nine occasions.

Charge seven, eight and nine relate to the care and welfare of horses, that on the alleged date Weir committed an act of cruelty to the horses, in that he applied the apparatus which was designed to deliver an electric shock to Red Cardinal on about seven occasions, to Tosen Basil on about nine occasions and to Yogi on about nine occasions.

Charge 10 relates to corruption, dishonesty and misleading behaviour, in that Weir engaged in action that was improper or dishonourable in connection with racing.

Barrister Damian Sheales, representing McLean and Kermond, entered not guilty pleas to charges one, two and three, but guilty to charges seven, eight and nine.

He foreshadowed that on finding of guilt on seven, eight and nine that charges four, five and six not proceed as they were alternates.

There was also a not guilty plea entered on charge 10.

Mr Sheales said his clients effectively pleaded guilty to the cruelty charges, but those counts effectively consumed the use of the jigger charges, claiming they were alternate charges.

The tribunal has been told the hearing is highly unlikely to last the scheduled five days and today's witness, former chairman of stewards Robert Cram, would only take half an hour.

It's expected the video of the horses being shocked will soon be played after the prosecution opening is completed.

Earlier: Melbourne Cup winning trainer Darren Weir, his Warrnambool stable foreman Jarrod McLean and stablehand Tyson Kermond are due to appear at a Victorian Racing Tribunal hearing in Melbourne on Monday, March 18.

They have been charged with using an electronic device, known as a "jigger" on racehorses.

It's alleged the trio were involved in using the device on three horses in the lead-up to the 2018 Melbourne Cup, which was captured on video at Weir's on-course stables at Warrnambool.

The video of the horses being shocked was played in the Warrnambool Magistrates Court in 2022 and is expected to be the key evidence in Monday's hearing which is scheduled to go for five days.

Weir was previously banned for four years in February 2019 for possessing a jigger at his Ballarat stables.

Racing Victoria stewards in September last year issued 10 charges against each of Weir, McLean and Kermond under the Australian Rules of Racing.

Weir's Warrnambool and Ballarat stables were raided on January 30, 2019.

The current charges relate to the stewards' inquiry into the conduct of the trio which was reactivated after further evidence was presented in the Warrnambool Magistrates Court on December 14, 2022, in the course of criminal proceedings against the three individuals.

Since December, the stewards have conducted a comprehensive investigation involving interviews with multiple persons and analysis of a substantial volume of materials.

It will be alleged that Weir was the licensed trainer of racehorses Red Cardinal, Tosen Basil and Yogi.

On or about October 30, 2018, it's alleged that on each horse Weir used an electric or electronic apparatus capable of affecting their performance in a race.

Weir applied the apparatus to Red Cardinal, Tosen Basil and Yogi with the intention of affecting their performance, and thereby affecting their results in future races.

The particulars of the charge allege Weir applied the apparatus to Red Cardinal on about seven occasions, to Tosen Basil on about nine occasions and to Yogi on about nine occasions.

It's alleged that Weir committed an act of cruelty to the horses, in that he applied the apparatus which was designed to deliver an electric shock to the horses.

And also that Weir applied the apparatus to each of the horses on numerous occasions, in doing so, Weir engaged in action that was improper or dishonorable in connection with racing.

The charges allege McLean and Kermond were a party to Weir's actions and that McLean also struck each of the horses with a poly pipe numerous times.

On December 16, 2022, Weir and McLean were each not convicted in the Warrnambool Magistrate's Court and fined $12,000 on each of three animal cruelty charges, a total of $36,000 each.

Kermond was not convicted and placed on a two-year good behaviour bond with the condition he make a $10,000 donation to the RSPCA.