Chief Stipe

‘Cowards, disrespectful': Jamie Kah's barrister slams white powder case Jamie Kah on the night in question. By Gilbert Gardiner 03:04pm • 27 November 2023 Jamie Kah's blameworthiness and recklessness was substantiated because "she ought to have known her actions were being filmed", counsel acting for stewards said in closing submissions to her white powder hearing on Monday. Stablehand Ruby McIntyre's blameworthiness, central to the stewards' case to prove conduct prejudicial to the image of racing, is encapsulated by her decision to secretly record Kah's actions and share the footage. Kah and McIntyre, who have both pleaded not guilty, were charged by stewards with conduct prejudicial to the image, interests, integrity or welfare of racing. Kah's barrister, however, on Monday slammed the case against the champion jockey, accusing Racing Victoria of attacking Kah's "integrity and honesty" in a "cowardly way and a most disrespectful way". "The stewards say (McIntyre) should've known better than to capture and share those recordings," RV's counsel, Damian Hannan, said in Monday's hearing. "She would've known Kah's reputation is inherently related to the image of racing and … perceptions of the industry." McIntyre told the tribunal on November 13 she discreetly recorded Kah raking the white powder substance on a plate. Jamie Kah and Ruby McIntyre leave the white powder hearing on November 13. "There's an awareness of the risk and inappropriateness of the conduct, she (McIntyre) took that risk and distributed the recordings, as she conceded in her evidence," Mr Hannan said. "… Ms Kah not testing positive … is irrelevant to the tribunal, (it is) not suggested she ingested anything illegal. "It's the image, it's the manipulation of that powder and suspicion it could be illegal … that is what this is all about." On the vision being secretly recorded, Mr Hannan added: "Even if it was done surreptitiously this does not absolve Ms Kah's blameworthiness … she was well aware a selfie was taken on the phone of Ms McIntyre early in the evening, for the purpose of being sent to others on social media." "She had not previously met Ms McIntyre, she'd taken the selfie and knew it was being sent, she should've been put on notice in what she did, manipulate that substance on the plate (that) might be captured … it was far from a remote possibility (for photos get out into the public domain)." Barrister Matthew Stirling, acting for Kah, said his client had nothing to do with the taping of the conduct, or its publication. Stirling's position centred on the gathering being at Kah's house, McIntyre's covert recording, and a lack of precedent. "No case decided by any racing tribunal in Australia has gone so far as to say a licensed person in their own private home, and they have no knowledge, (that) the footage might be taken," Stirling said. "It was an unlawful act, none of the racing cases so far go so far to place liability for conduct under this rule. "In each case (past misconduct cases) … occurred on a racecourse, or racing premises, or public place… or the licensed person has caused the conduct to enter into the public domain. Jamie Kah in images with a white powder. Source: Supplied "That's the distinction with this case, firstly Kah is not in public or in racing premises, or anywhere (other than her home), and secondly Kah has done nothing to get the footage or the conduct out in the public domain." Stirling also slammed Racing Victoria's "attack" on Kah's "integrity and honesty" in a "cowardly way and a most disrespectful way" at the start of the hearing on November 13 where they attempted to discredit the answers she gave to stewards early in their inquiry. Kah and McIntyre were charged with conduct prejudicial to racing, not misleading stewards. "They sought to attack her honesty because they knew there was this gaping hole in their case," Stirling said in relation to Kah having nothing to do with the recording of the footage and its publication. Stirling said McIntyre's actions were unlawful and she knew Kah would not want to take that vision. "We have a clear break in the chain here, the conduct of Kah stops and the conduct of Ms McIntyre starts at the kitchen table and the chain stops because McIntyre has said she took it secretly." Stirling continued: "If this had occurred on racing premises or in a hotel, Kah is probably fair game, but that's not what's happened here, that's why the case goes too far." McIntyre on Monday lamented her "big mistake". "I'm feeling a bit overwhelmed by everything," McIntyre said. "It was a big mistake trusting someone to send a very private video to, I understand everything that has come from that has come from the video I had on my phone. "I guess in the way it was sent, just how private it was and how it was a one-time thing, it has shocked me how it's been able to come out… that was never my intention." The hearing concluded about 1.10pm on Monday. Judge John Bowman said the three-member panel, which includes Des Gleeson and Maree Payne, would reveal a decision as quickly as possible. "We are not going to give a ruling on the spot … I can't give you a time frame, all I can say is we'll do it as quickly as possible," Bowman said. * * * * * EARLIER: Star jockey Jamie Kah and stablehand Ruby McIntyre will appear before the Victorian Racing Tribunal on Monday to continue a hearing into the white powder saga. Kah and McIntyre pleaded not guilty to conduct prejudicial to racing when the hearing commenced on November 13. The second and final day of the hearing, set to be held on November 14, was rescheduled for Racing Victoria to verify a specific screenshot and caption in the brief of evidence. McIntyre allegedly captioned an image shared on social media with: "Something to add to the list of things I never thought I'd be doing, doing coke with Jamie Kah and another friend at her house until 3am and staying the night." During evidence on November 13, McIntyre said the caption was not written by her. "I'm not sure where the actual messages and photo and screenshot, in this format (evidence book before tribunal), has come from," McIntyre said. Pressed on the caption, McIntyre said: "Not to my recollection, I didn't write any of these things … I'm not sure who it's come from … everything in that screenshot has not come from my phone, has not come from me." The hearing was adjourned for RV stewards to confirm the origins of the screenshot and caption. READ | ‘I still have to search horse's names': Jamie Kah reveals latest battles Jamie Kah, Ruby McIntyre and greyhound trainer Jacob Biddell in the leaked images. Stewards charged Kah and McIntyre in July with conduct prejudicial to the image, interests, integrity or welfare of racing, whether or not the conduct takes place within a racecourse or elsewhere. Images from the night in question. The charge stemmed from leaked images and a video of Kah raking a white powder into three lines with an ID card during a private gathering at her house on June 17-18. McIntyre allegedly shared the footage on social media with a person(s) not at the party. The images and video were leaked to the Herald Sun and subsequently circulated widely on social media. READ | How Jamie Kah white powder scandal unfolded Ruby McIntyre. If found guilty, the sanctions available to the VRT include a fine, suspension and/or disqualification. The stewards' case rests on three elements – public knowledge (leaked images/video), the "self-evident" conduct prejudicial to the sport, and blameworthiness. Kah told the VRT on November 13 she was unaware the photos or video, recorded covertly by McIntyre, existed until they were leaked to the media. Final submissions, including proposals on penalty, will be made by the prosecution and defence on Monday. The half-day hearing resumes from 11am

Don't be surprised if you see OZ Jockeys being contracted to ride in some of the bigger races. Another cost to owners but wouldn't you want to give your horse every chance?

You're kidding me? I would have thought that the driver's welfare would be paramount. Where in the Animal Welfare Act does it refer to having a warrant or rego? Some bureaucrat with an agenda has probably dreamed up the interpretation. Here's the clause relating to transport: 22Transport of animals (1) Every person in charge of a vehicle or an aircraft, and the master of or, if there is no master, the person in charge of, a ship, being a vehicle, aircraft, or ship in or on which an animal is being transported, must ensure— (a) that the welfare of the animal is properly attended to; and (b) that, in particular, the animal— (i) is provided with reasonably comfortable and secure accommodation; and (ii) is supplied with proper and sufficient food and water. (2) A person commits an offence who fails, without reasonable excuse, to comply with any provision of subsection (1). 23Other offences in relation to transport of animals, etc (1) A person commits an offence who, without reasonable excuse, confines or transports an animal in a manner or position that causes the animal unreasonable or unnecessary pain or distress. (2) A person commits an offence who, being the owner of, or the person in charge of, an animal, permits that animal, without reasonable excuse,— (a) to be driven or led on a road; or (b) to be ridden; or (c) to be transported in or on a vehicle, an aircraft, or a ship,— while the condition or health of that animal is such as to render it unfit to be so driven, led, ridden, or transported.

Under what rule? For how long have they been doing that?

Yes I believe you have. As it stands at the moment that isn't the case. However, perhaps it should be the case as that would eliminate the need for investigations and the determination of the intent of the licensed trainer. Although that would probably end racing in NZ. Yes - all reasonable steps however it is impossible to prevent drug positives caused by environmental contamination unless you implement a completely closed system in NZ. That would be also lead to the end of racing in NZ as we know it. A closed system is one like thoroughbred racing in Hong Kong. Everything is controlled. Do they check vehicle warrants? Do they clip the infringement fine ticket? I doubt their jurisdiction runs that far. Did you get caught Chazza? No unfortunately you don't get it. The discrepancy in the positives vs charges laid is a factor of what the RIB could convict on and timing of the annual report. GRNZ has no visibility of where the RIB is at with their investigations although there is evidence that the RIB has a few leaks which it feeds when it suits.

Of course the irony doesn't escape me that Kim Clapperton did her time at the same stable did she not?

Well she did her time with one of the best apprentice trainers and horse trainers so she certainly doesn't lack experience on how to do things. A wee while back after suffering an injury she seemed to lose her mojo or confidence. At the time she made a few comments about the competence of some of the jockeys. Things haven't improved in that regard. Imagine what a full field of inexperienced young horses at two different race meetings on the same day would be like!!

You're trying to turn a nit's turd into a mountain. 6 cases out of 3815. I think all of them were environmental contamination. Certainly the Chloe Watson case was. The source of the arsenic was determined to have come from the wood the kennel floor was made of. As it said in the judgement (which I doubt you read) arsenic is a stopper not a performance enhancer.

L Allpress – Admitted a charge in that she misconducted herself when using inappropriate language directed at the Apprentice Mentor, Ms K Clapperton after the running of this race. After hearing submissions, the Adjudicative Committee imposed a $300 fine.

Here is the charge and penalty. https://racingintegrityboard.org.nz/decisions/non-raceday-inquiry-decision-dated-3-april-2023-chloe-watson/

Don you've gone on and on about this subject on various forums for years. Didn't the SFO investigate and find no wrong doing? At $600,000 are you saying the horse was sold for $3m? Obviously you don't have an opinion on the one clear day mistake but any opportunity to slash a few tall poppies and you're in like Flynn.

What's the relevance? Wasn't it 18 years ago? Certainly not the biggest scandal or even a scandal. The "biggest scandal" you obliquely refer to was proven NOT to be a scandal. Any commissions on sales are well written into TA contracts for every syndicate member to see.

How do you know they ignored them? All you know is charges weren't laid. Could be any number of reasons for that. Where do you get the cobalt and arsenic theory from?

Is that a riddle or do we have to go back 20 years?

But even that definition isn't black and white. Why not state that up until 0001 hrs the day before a race that you cannot administer anything. Then of course you need to define what's food and what's a supplement. The rule is anachronistic - a general catch all based on the past.

Shouldn't the rule be - 24 hours from start time? Or even 36 hours from start time? How the hell do you define "clear" and "day" in a legal context other than on case law?

Big deal. The "One Clear Day" rule is open to misrepresentation and needs to change. The horse that was disqualified received an antibiotic and vitamin C 24 hours before it raced. Probably didn't need it as it must have been on the way to recovery already from a cold.

So that takes it up to 0.15%. So the real issue for you isn't dog welfare overall but the other 4 positives?

Unprecedented results were witnessed across two days of selling at New Zealand Bloodstock’s 2023 Ready to Run Sale, confirming the status of the world’s best sale of its kind and the confidence in New Zealand-raised and educated two-year-olds. The momentum increased off the back of Day One’s incredible results, which saw the total aggregate increase by 39% to over $35.1 million and no less than 12 lots sell for $500,000 or more. Another record top price was recorded at $825,000 while the average also increased 21% on last year’s Sale to $156,031, a sum which exceeded that of the Book One total for Karaka 2023.

0.05% - hardly earth shattering statistics.

Yep most of them carry a niggle at some stage. How would it work on a horse like Without A Fight? Can barely lift his feet in the parade ring. They're elite athletes and like many elite athletes they always have something not quite right.

I see the usual suspects are moaning about how bad the RTR 2023 sale is but as always the statistics contradict them. 55 two yr olds bought by New Zealanders (you'd need a lot of fingers on two hands to count to 55!) 68 to Hong Kong. I'm picking quite a bit of wheeling and dealing will go on behind the scenes and more will stay in NZ to race. A record Day 1 and it will be interesting to see the analysis for Day 2. New Zealand Bloodstock’s 2023 Ready to Run Sale saw an incredible Day One of selling that defied market conditions and expectations, with a record-breaking aggregate and not one, but two lots making history. At the close of selling, the aggregate reached a record $16.2 million, up by $4.8 million (43%) on the previous year. Key sale indicators continued to tumble with the average reaching $157,345 and a top price of $800,000.

Applications open for new driving tutors 23 November 2023 , Job Vacancy In a new initiative to try and upskill the country's drivers, Harness Racing New Zealand is on the lookout for three driving tutors. "These are brand new positions and will cover the whole country, there'll be one up north, one in Canterbury and then a third in Southland," says HRNZ's Education Manager Natalie Gameson. The roles will be part-time and on a 12-month fixed term contract, involving between six and 15 hours a week depending on location and workload. "What we need is experienced and passionate people to not only guide the next generation of trials and junior drivers but also be available for all drivers requiring assistance." "We have had feedback that there is a need for this sort of tutelage and we are confident it will be well received," says Gameson. Experience as a former or current licensed harness racing driver is essential, as is an ability to be an effective communicator. "It's a wide ranging role but crucially we want people who want to help others succeed both on and off the race track." It's envisaged the new tutors will start their roles in the New Year. To see the Driving Tutor Advert Northern click here To see the Driving Tutor Advert Canterbury click here To see the Driving Tutor Advert Southern click here For more information on the roles, please contact Natalie Gameson at natalie@hrnz.co.nz

AAEP Seeks Proposals for Wearable Biometric Sensors Sensors have shown promise in identifying horses at risk of musculoskeletal injuries. Unedited Press Release The American Association of Equine Practitioners (AAEP) today released a Request for Proposal (RFP) soliciting proposals from applicants for a joint project that will involve the development and application of wearable biometric sensor technologies to improve early detection of musculoskeletal injuries in Thoroughbred racehorses in the United States. Wearable biometric sensors have shown promise in the identification of sub-clinically affected racehorses or those at risk of musculoskeletal injury. Any proposed system that monitors musculoskeletal parameters related to gait needs to have data transmission capabilities that interface with algorithms designed to detect injury; be scalable enough for widespread use; and be user-friendly and economical in order to be employed on all Thoroughbred racehorses for all races and recorded workouts. The AAEP will work with the successful applicant(s) on funding, licensing agreements, commercialization efforts and other legal issues. Depending on the nature of the response to this proposal request, the AAEP may also solicit funding from industry leaders. The RFP is available here. Pre-proposals are due Feb. 15, 2024. Interested applicants should direct all questions and/or a response to this proposal request to AAEP Racing Committee Chair Dr. Sara Langsam at langsam@tfbequine.com. Issuance of this RFP is among nine recommendations coming out of the AAEP-sponsored Forum on Thoroughbred Safety and Injury Prevention, which in late September convened 23 invited private racetrack practitioners, regulatory veterinarians, surgeons and radiologists to explore additional measures to reduced racehorse injuries. AAEP_RFP_Biometric_Sensor.pdf

My approach is to do the opposite if what you are currently doing isn't working.