Chief steward and horse expert give evidence in jigger use case

Evidence is soon expected to be finished into a Racing Victoria tribunal hearing relating to former leading Australia horse trainer Darren Weir using an electric shock device on racehorses.

The three-person tribunal - chairman Judge John Bowman, Judge Kathryn Kings and former Racing Victoria chief steward Des Gleeson - have heard extensive evidence on Tuesday, March 19.

Current Racing Victoria chief steward Rob Montgomery and research scientist Dr Andrew McLean both took the stand.

Mr Montgomery talked about the stewards' inquiry and Dr McLean about horses learning theory in training and competition.

There were lengthy questions from barristers for the stewards Albert Dinelli, KC, Weir's barrister Ian Hill, KC, and in particular barrister Damian Sheales for former Warrnambool stable foreman Jarrod McLean and stablehand Tyson Kermond.

There were lengthy questions about racehorse form, weights, race standards and racing patterns as well as a detailed examination of theory into horses' learned behaviours.

Dr McLean admitted he saw no shock training replicated on race days, except for the use of blinkers.

It's expected barristers for the three defendants will make written submissions late Tuesday before closing addresses tomorrow.

Mr Montgomery also confirmed he had interviewed a number of racing participants, including leading jockeys, about the use of electronic devices, known as jiggers.

All denied ever using the devices.

There was also plenty of discussion about jockeys whistling on race days after Dr McLean suggested he heard whistling while Weir was shock treating three horses in the lead-up to the 2018 Melbourne Cup.

Dr McLean said during the shocking of the three horses he could not see any signs that the horses were distressed, such as their ears being back or tail swishing.

But, he added the horses were moving very quickly on a treadmill and the camera angle did not show their heads or a good view of their hind quarters.

Weir has pleaded guilty to seven of 10 charges relating to the use of a jigger.

Jarrod McLean and Kermond have pleaded guilty to just three of 10 charges.

The hearing was scheduled to be held over five days this week.

Earlier: Racing stewards may find it difficult to get exactly what they want in the disciplinary hearing against former leading thoroughbred trainer Darren Weir.

Weir on Monday, March 18, pleaded guilty to seven of 10 charges in a Racing Victoria hearing relating to his use of an electronic device at Warrnambool to shock three horses during preparations for the 2018 Melbourne Cup.

He admitted to animal cruelty and horse welfare charges as well as corruption, dishonesty and misleading behaviour.

But, he's fighting three allegations he engaged in conduct that corrupted the outcome of a race.

The big question in the hearing yesterday was which race was allegedly corrupted?

There was no big win on the punt alleged against Weir or his stable supporters.

Veteran stayer Red Cardinal ran second last in the Melbourne Cup, Yogi failed to gain a Cup berth after running seventh in the Hotham Handicap on Derby Day and $2.5 million purchase Tosen Basil ran 10th of 11 in his next start, the Ladbrokes Stakes.

Even when Yogi took out the Sandown Cup at his next start he was a well fancied $3.60 second favourite.

Graphic footage of the three horses being shocked was shown on Monday in the Racing Victoria hearing, which is highly unlikely to ever be played in public - it's footage that would shock the public and damage the image of racing.

Media applications for the footage were previously rejected in the Warrnambool Magistrates Court during criminal proceedings.

That footage was captured by a hidden Victoria Police camera in Weir's Warrnambool stables on October 30, 2018.

That was a week before the 2018 Cup.

Weir said in interviews with stewards that the trio of horses was under performing.

On January 25 last year Weir explained that owners paid $2.5 million for the Japanese bred Tosen Basil which 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.

Racing Victoria will be keen to see that fitting penalties are handed down to Weir and his former stable foreman Jarrod McLean and stablehand Tyson Kermond.

McLean and Kermond have pleaded guilty to only three of their 10 charges.

The fact that the horses were being set for the Melbourne Cup makes the case even more important - it is the race that stops the nation.

Racing is keenly aware of its image, but Weir has already served four years for possession of an electronic device, or jigger, which was found at his Ballarat stables during a raid on January 30, 2019.

That's a staggering almost five and a half years ago.

The big question now is - just how much more time on the sidelines is going to be a fitting penalty for Weir?

The hearing was scheduled for five days but may finish evidence on Tuesday, with verdicts and penalties expected to be handed down at a later date.