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Common-sense prevails! Kah charges dropped.


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Kah charge dismissed | RACING.COM
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Jamie Kah. (Image: Racing Photos)

Star jockey Jamie Kah has had a charge against her relating to a white powder saga dismissed in a Victoria Racing Tribunal hearing on Friday morning.

Kah, along with stablehand Rubi McIntrye, was charged with conduct prejudicial to racing after being filmed arranging white lines of powder on a plate at a gathering inside her home in June.

Over the course of a lengthy tribunal process, Kah’s counsel Matthew Stirling maintained his client was never aware of the video being taken or that it would subsequently reach the public eye and as such could not be found guilty of the charge.

In handing down the three-person VRT panel’s decision, Judge John Bowman said Kah’s actions were irresponsible, but he was not comfortably satisfied her behaviour was prejudicial to the image of racing.

“It could be said that you behaved recklessly, setting up the white lines and a card with a comparative stranger on your premises. The question is whether that behaviour, that recklessness, is sufficient to comfortably satisfy us that there’s been a breach of AR228?” Judge Bowman said.

“Your behaviour may have been immature, irresponsible, and reckless, but there are two important features of it that have led us to our conclusion.

“You did not know that the relevant short video or photo had been taken. Secondly you did not know at any relevant stage it had been sent on to another person or that it was proposed to be so sent.

“We are of the opinion that the charge should be dismissed, and that is the order which we make.”

Kah’s co-accused, stablehand Rubi McIntyre was found guilty of the charge having previously admitted to covertly taking the video in question.

“Sending to another person the video of the white powder incident, along with the earlier photo, creates the real possibility that the material would find its way into the media,” Judge Bowman said.

“It was a video specifically and intentionally taken of the activity of a very high-profile member of the racing community.

“The caption, which we are satisfied was added before the photo was sent, removes any doubt however small that may have existed.

“We are comfortably satisfied the charge has been proven, with the possibility of damage to the image and the like of the racing industry was a very real one as the resulting publicity has demonstrated.

McIntyre’s penalty hearing has been set for January 18.

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Jamie Kah cleared as judge dismisses ‘white powder' charge
www.racenet.com.au
Jamie Kah on the night in question.

Champion jockey Jamie Kah has been cleared of conduct prejudicial to the image of racing relating to the white powder controversy.

The decision to dismiss the charge, delivered on Friday by Victorian Racing Tribunal Judge John Bowman, has drawn to a close a six-month legal argument.

In handing down his decision, the tribunal concluded the brief video was taken without Kah's "knowledge or consent, expressed or implied and it was not until a couple days later you were aware of its existence".

It has never been proven what substance the white powder was.

The three-member tribunal panel, including Des Gleeson and Maree Payne, was also satisfied Kah did not know the video was shared with another person until the "newspaper publicity burst upon the scene".

"Your behaviour may have been immature, irresponsible and reckless, but there are two important features of it which led us to our conclusion," Judge Bowman read from the unanimous decision.

"Firstly, you did not know the very short video or photo had been taken, secondly, you did not know at any relevant stage that it had been sent on to another person, or that it was proposed to be so sent.

Jamie Kah White Powder Hearing

Jamie Kah and stablehand Ruby McIntyre leave the white powder hearing last month.

"Without our comfortable satisfaction as to those two features we are of the opinion the charge should be dismissed and that is the order which we make."

The conduct prejudicial charge levelled against McIntyre was proven with a penalty hearing set to be heard on January 18.

Judge Bowman said the three "significant differences" of the case against McIntyre and Kah.

"Firstly, you deliberately took a short video of the powder and what Ms Kah was doing with it without telling her and in a surreptitious fashion, secondly and very importantly you sent both the group photo and the white powder photo onto another person," Judge Bowman said.

"Thirdly you put an incriminating and identifying caption on the photo… in our opinion that behaviour by a licensed person is sufficient to constitute a breach.

"Sending to another person the video of the white powder incident along with the earlier photo creates the real possibility the material would find its way into the media.

"That seems to be exactly what occurred."

Judge Bowman conceded McIntyre's actions, while proven, were without malice.

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Jamie Kah seen in images with a white powder.

"We are comfortably satisfied the charge has been proven, the possibility of damage to the image and the like of the racing industry was a very real one, as the result of the publicity demonstrated," Judge Bowman said.

"There was absolutely no finding of any intent on your part to damage the image of racing, or the image of Ms Kah, there is no malice, what we find is there was recklessness of a sufficiently high degree to make out the charge."

A picture of Kah emerged in late June of the nine-time Group 1-winner raking a white powder into three lines during a small gathering at her house.

Kah and McIntyre, who both pleaded not guilty, were charged by stewards with conduct prejudicial to the image, interests, integrity or welfare of racing.

McIntyre at the hearing last month accepted responsibility for recording Kah covertly and sharing the footage on a private social media account.

McIntyre told the tribunal last month she never expected nor intended the vision to be shared further.

Kah's barrister Matthew Stirling successfully argued the short video and screenshot was captured and shared on social media by McIntyre, without his client's knowledge.

The compromising footage was widely published after being leaked to the Herald Sun.

Kah and McIntyre, who represented herself, both pleaded not guilty at the earliest opportunity.

EARLIER

The controversial "white powder" case surrounding champion jockey Jamie Kah is set for a decision on Friday morning.

The Victorian Racing Tribunal is scheduled to hand down its decision on Kah and stablehand Ruby McIntyre at 9.30am.

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Ruby McIntyre.

Kah and McIntyre, who both pleaded not guilty, were charged by stewards with conduct prejudicial to the image, interests, integrity or welfare of racing.

The decision follows two days of evidence, in which Kah's barrister Matthew Stirling slammed the case against Kah, accusing Racing Victoria of attacking Kah's "integrity and honesty" in a "cowardly way and a most disrespectful way".

Counsel acting for stewards, however, said Kah's blameworthiness and recklessness was substantiated because "she ought to have known her actions were being filmed".

McIntyre told the tribunal on November 13 she discreetly recorded Kah raking the white powder substance on a plate, at Kah's home, in June.

The length of time the case has dragged on has been met with widespread criticism.

READ | ‘I still have to search horse's names': Jamie Kah reveals latest battles

In a hearing last month, McIntyre 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."

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1 hour ago, Newmarket said:

Looking at recent pictures of Kah compared to those a couple of years ago….most would agree that it seems a hard lifestyle has caught up with her. 
Sad really, burst on to the scene but quantity and quality of rides have fallen

A  preposterous, frivolous attempt to denigrate Kah by half-baked VRC stewards and a total waste of time and money in the process.

Don't know Kah's age but she should still have plenty of time on her side and FYI it's not a good idea for a female to paint themselves to the nines whilst fronting a judicial hearing.

Class is permanent.

 

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2 hours ago, Newmarket said:

Looking at recent pictures of Kah compared to those a couple of years ago….most would agree that it seems a hard lifestyle has caught up with her. 
Sad really, burst on to the scene but quantity and quality of rides have fallen

None of the men Jockeys are holding up all that well!

 

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13 hours ago, Newmarket said:

Looking at recent pictures of Kah compared to those a couple of years ago….most would agree that it seems a hard lifestyle has caught up with her. 
Sad really, burst on to the scene but quantity and quality of rides have fallen

Time on the sideline as a result of serious injury might be expected to be a bit of a hiccup in a stellar career,  would it not?

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On 15/12/2023 at 4:47 PM, billy connolly said:

A  preposterous, frivolous attempt to denigrate Kah by half-baked VRC stewards and a total waste of time and money in the process.

Don't know Kah's age but she should still have plenty of time on her side and FYI it's not a good idea for a female to paint themselves to the nines whilst fronting a judicial hearing.

Class is permanent.

 

Well, she has not denied the white powder has she? Just needs to pick her friends better or take off their phones. I think she is going down a slippery past ..:Kim Clapperton ring a bell

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23 hours ago, Newmarket said:

Well, she has not denied the white powder has she? Just needs to pick her friends better or take off their phones. I think she is going down a slippery past ..:Kim Clapperton ring a bell

I think you might mean Leanne Isherwood 

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3 hours ago, Chief Stipe said:

Kah wasn't "caught sniffing white shit".  Were you tested as much as she was?

😆😆😆😆😆

So, do you think she went to the effort of lining it up on a plate just for the pic???? Come on, she has a track record for dodgy shit now, just watch her career taper off quickly 

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16 minutes ago, Newmarket said:

😆😆😆😆😆

So, do you think she went to the effort of lining it up on a plate just for the pic???? Come on, she has a track record for dodgy shit now, just watch her career taper off quickly 

They drug tested her as part of the investigation.  She returned a negative result.

She is recovering from a serious accident and head injury.  With regard to "dodgy shit" her biggest crime has been breaking a Covid mandate.  You could arrest me on that sort or transgression.

I don't see her tapering at all but she will slowly came back.  She rode a metro winner at the weekend.

What's your beef with her?

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2 hours ago, Freda said:

Godolphin seem happy to use her.

In my opinion she's too good not to get back to the elite level depending on her recovery from the injuries.

Probably needs to choose her friends better and drop a few of the parasites.

Any number of great jockeys have slipped off the saddle for a period.  They are all flawed in some way at some time.

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On 19/12/2023 at 10:19 PM, Chief Stipe said:

They drug tested her as part of the investigation.  She returned a negative result.

She is recovering from a serious accident and head injury.  With regard to "dodgy shit" her biggest crime has been breaking a Covid mandate.  You could arrest me on that sort or transgression.

I don't see her tapering at all but she will slowly came back.  She rode a metro winner at the weekend.

What's your beef with her?

Open your eyes you old fool…. Why is she not getting anywhere near as many rides as previously…. Just keep watching this space

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21 minutes ago, Newmarket said:

Open your eyes you old fool…. Why is she not getting anywhere near as many rides as previously…. Just keep watching this space

Well pray tell us all what we supposedly don't know?

That said, I the fool, can see that she has 6 rides out of 8 races today at Caulfield.

Riding for Sadler, Griffiths/de Kock, Neasham, Maher/Eustace and even our own Walker/Begerson.

3 of the rides are favourites.  I guess you have information that those trainers don't have.  Get on the phone!

BTW she is currently 4th on the Vic Metro premiership with 18 wins and $3.2m in stakes.  Not travelling as much as she used to since the accident but on her way back.

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1 hour ago, Chief Stipe said:

Kah two wins at Randwick today.  Her ride in the last was a gem.  Seems to still have it.

Both on favs, wow amazing. 
 

Was waiting for you to comment on your post from last weekend, remember she had 6 rides from 8 races, 3 were favs. 
 

Outcome…. 1 win, rest never came in first 4 placings. Be consistent old mate.

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11 hours ago, Newmarket said:

Outcome…. 1 win, rest never came in first 4 placings. Be consistent old mate.

Did you watch those races?  Kah rode them perfectly and gave them every chance.  They weren't good enough.

I suppose you didn't see the race yesterday at Randwick where she rode a 9yr old outsider and nearly got it up to win.

11 hours ago, Newmarket said:

Both on favs, wow amazing. 

Well who would have thought after considering your comments that top trainers would still give her rides on favourites.  Let alone get her to travel out of her home State to ride them.

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7 hours ago, Chief Stipe said:

Did you watch those races?  Kah rode them perfectly and gave them every chance.  They weren't good enough.

I suppose you didn't see the race yesterday at Randwick where she rode a 9yr old outsider and nearly got it up to win.

Well who would have thought after considering your comments that top trainers would still give her rides on favourites.  Let alone get her to travel out of her home State to ride them.

Let’s see who is right, your obviously infatuated with her….

But I will say her career has well and truly peaked, all downhill from here. Australian trainers and owners want results

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