No doubt the next instalment in the Darryn Weir will play out in mainstream media!

[Chief Stipe]

RV Stewards' Report - Darren Weir, Jarrod McLean & Tyson Kermond

Racing Victoria Staff@RacingVictoria14 Sep, 2023O

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Racing Victoria (RV) Stewards have today issued 10 charges against each of Darren Weir, Jarrod McLean and Tyson Kermond under the Australian Rules of Racing (AR).

 

The charges relate to the Stewards’ Inquiry into the conduct of Mr Weir, Mr McLean and Mr Kermond which was reactivated after further evidence was presented in the Magistrates’ Court on 14 December 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.

 

The details of each charge and a summary of the particulars are outlined as follows.

 

Darren Weir

 

Charge 1, 2 & 3: AR 229 (1)(b) - Corruption, dishonesty and misleading behaviour

 

(1) A person must not:

 

…

(b) engage in conduct that corrupts the outcome of a race or is intended to corrupt the outcome of a race, where:

 

(i) conduct “corrupts the outcome of a race” if it:

 

(A) affects or, if engaged in, would be likely to affect the outcome of any race; and

 

(B) is contrary to the standards of integrity that a reasonable person would expect of persons in a position to affect the outcome of a race;

 

(ii) “conduct” means an act or an omission to perform an act;

 

(iii) “engage in conduct” means:

 

(A) do an act; or

 

(B) omit to perform an act, and

 

(iv) “outcome” includes any result within the race and is not limited to winning or placing in the race;

 

The summary of the particulars for Charges 1, 2 and 3 is as follows

 

Mr Weir was at all relevant times the licensed trainer of Red Cardinal, Tosen Basil and Yogi (the Horses).

 

On or about 30 October 2018, on each horse Mr Weir used an electric or electronic apparatus capable of affecting their performance in a race (the Apparatus).

 

Mr 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 4, 5 & 6: AR 231(2)(a) – Care and welfare of horses

 

(2) A person must not:

(a) use, or attempt to use, any electric or electronic apparatus or other device capable of affecting the performance of a horse in a race, official trial, jump-out or training gallop.

 

The summary of the particulars for Charges 4, 5 and 6 is as follows:

 

On or about 30 October 2018, Mr Weir applied the Apparatus to Red Cardinal on approximately seven occasions, to Tosen Basil on approximately nine occasions and to Yogi on approximately nine occasions.

 

 

Charge 7, 8 & 9: AR 231(1)(a) - Care and welfare of horses

 

(1) A person must not:

 

(a) commit or commission an act of cruelty to a horse, or be in possession of any article or thing which, in the opinion of the Stewards, is capable of inflicting cruelty to a horse.

 

The summary of the particulars for Charges 7, 8 and 9 is as follows:

 

On or about 30 October 2018, Mr 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 approximately seven occasions, to Tosen Basil on approximately nine occasions and to Yogi on approximately nine occasions.

 

 

Charge 10: AR 229(1)(a) - Corruption, dishonesty and misleading behaviour

 

(1) A person must not:

 

(a) engage in any dishonest, corrupt, fraudulent, improper or dishonourable action or practice in connection with racing.

 

The summary of the particulars for Charge 10 is as follows:

 

On or about 30 October 2018, Mr Weir applied the Apparatus to each of the Horses on numerous occasions. In doing so, Mr Weir engaged in action that was improper or dishonorable in connection with racing.

 

 

 

Jarrod McLean & Tyson Kermond

 

Charge 1, 2 & 3: AR 227(b) – Breaches of the Rules

 

Without limiting any other powers, a PRA or the Stewards may penalize any person who:

 

…

 

(b) attempts to commit, aids, abets, counsels, procures, connives at, approaches or requests another person to commit, conspires with another person to commit, or is a party to another person who commits, a breach of the Rules.

 

The summary of the particulars for Charges 1, 2 and 3 is as follows:

 

Mr McLean was at all relevant times a licensed trainer, and a registered stable employee, employed as foreperson by Mr Weir who was the registered trainer of the Horses. Mr Kermond was also at all relevant times a registered stable employee, employed by Mr Weir.

 

On or about 30 October 2018, Mr McLean and Mr Kermond each were a party to Mr Weir’s use of the Apparatus on each of the Horses.

 

Mr Weir applied the Apparatus to the Horses with the intention of enhancing their performance, and thereby affecting their results in future races.

 

Mr Weir’s actions were in breach of AR 229(1)(b). Mr McLean and Mr Kermond were a party to Mr Weir’s breach of the rule.

 

 

Charges 4, 5 & 6: AR 227(b) – Breaches of the Rules

 

Without limiting any other powers, a PRA or the Stewards may penalize any person who:

 

…

 

(b) attempts to commit, aids, abets, counsels, procures, connives at, approaches or requests another person to commit, conspires with another person to commit, or is a party to another person who commits, a breach of the Rules.

 

The summary of the particulars for Charges 4, 5 and 6 is as follows:

 

On or about 30 October 2018, Mr McLean and Mr Kermond were a party to Mr Weir’s use of the Apparatus, in that he applied the Apparatus to each of the Horses.

 

The Apparatus was designed to deliver an electric shock, and accordingly, was capable of affecting the performance of Red Cardinal, Tosen Basil and Yogi in a race, official trial, jump-out or training gallop for the purposes of AR231(2)(a).

 

Mr Weir’s use of the Apparatus was in breach of AR 231(2)(a). Mr McLean and Mr Kermond were a party to Mr Weir’s breach of the rule.

 

 

 

Charges 7, 8 & 9: AR 227(b) – Breaches of the Rules

 

Without limiting any other powers, a PRA or the Stewards may penalize any person who:

 

…

 

(b) attempts to commit, aids, abets, counsels, procures, connives at, approaches or requests another person to commit, conspires with another person to commit, or is a party to another person who commits, a breach of the Rules.

 

The summary of the particulars for Charges 7, 8 and 9 is as follows:

 

On or about 30 October 2018, Mr McLean and Mr Kermond were a party to Mr Weir committing an act of cruelty to a horse, in that he applied the Apparatus, which was designed to deliver an electric shock to each of the Horses.

 

Mr Weir’s actions were in breach of AR 231(1)(a). Mr McLean and Mr Kermond were a party to Mr Weir’s breach of the rule.

 

 

 

Charge 10: AR 229(1)(a) - Corruption, dishonesty and misleading behaviour

 

(1) A person must not:

 

(a) engage in any dishonest, corrupt, fraudulent, improper or dishonourable action or practice in connection with racing.

 

The summary of the particulars for Charge 10 is as follows:

 

On or about 30 October 2018, Mr McLean was a party to, and knowingly involved in, Mr Weir’s use of the Apparatus, in that Mr Weir applied the Apparatus to each of the Horses in Mr McLean’s presence during a period in which Mr McLean struck each of the Horses with a poly pipe numerous times and otherwise assisted in the handling of the Horses.

 

On or about 30 October 2018, Mr Kermond was a party to, and knowingly involved in, Mr Weir’s use of the Apparatus, in that Mr Weir applied the Apparatus to each of the Horses in Mr Kermond’s presence, during a period in which Mr Kermond assisted in the handling of the Horses by, among other things, holding the lead rope for each horse, attaching blinkers to Tosen Basil and Yogi, removing blinkers from each horse, and leading the Horses on to and off a treadmill on which each horse was situated when Mr Weir applied the Apparatus to the horse.

 

In doing so, Mr McLean and Mr Kermond engaged in action that was improper or dishonorable in connection with racing.

 

The charges issued against Mr Weir, Mr McLean and Mr Kermond will be heard before the Victorian Racing Tribunal on a date to be fixed.

[billy connolly]

FFS, hasn't Weir et al already been dealt with?

Double jeopardy.

 

[Chief Stipe]

On 15/09/2023 at 1:39 PM, billy connolly said:

FFS, hasn't Weir et al already been dealt with?

Double jeopardy.

 

This time it's for using not just possession.

[billy connolly]

Why don't these so-called stewards direct their attention to the trainers of slow bastards going around week after week, at least the majority of Weir's charges raced with more than a modicum of success.

There's not a lot more damage these half-baked pricks can inflict on Weir, this episode has virtually cost him a career and at least 5 million thus far.

Cruelty is in the eye of the beholder !