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Darren Weir jigger penalty: Not guilty on corruption, dishonesty charges
www.racenet.com.au
Former trainer Darren Weir. Picture: File

The Victorian Racing Tribunal has dismissed corruption charges against Darren Weir, declaring the former trainer's use of a jigger on three racehorses akin to a superstitious horseman "breaking into a racecourse to spread four-leaf clover on the track".

In making the analogy, Judge John Bowman said the VRT panel was not satisfied that the use of a jigger on racehorses Red Cardinal, Tosen Basil and Yogi could have had any effect on the outcome of races – including the 2018 Melbourne Cup.

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Weir and his then-employees Jarrod McLean and Tyson Kermond had pleaded guilty to the use of jiggers but contested stewards' charges of engaging in corrupt and dishonest conduct designed to affect the outcome of races.

Speaking via video link, Judge Bowman was scathing of Racing Victoria's expert witness, Dr Andrew McLean (no relation), who gave evidence of the potential effect of jigger use on racehorses.

"In our opinion the evidence given by Dr McLean is vital," Judge Bowman said, declaring Dr McLean had little experience with racehorses and made several "important concessions in his oral evidence" under cross-examination.

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"We say now that we are not particularly impressed with the evidence of Dr McLean.

"While he may be qualified in relation to various aspects of animal welfare, his knowledge of and experience with racehorses and racing is limited.

"In any event, that evidence contains a high level of uncertainty as to whether any claim associated with the use of the jigger would be likely to affect the outcome of the race in question."

Ladbrokes Sandown Cup

Yogi missed out on a run in the 2018 Melbourne Cup despite having a jigger used on him. Picture: Brett Holburt/Racing Photos via Getty Images

Weir used the jigger on Red Cardinal on October 30, 2018 – a week before the horse was beaten almost 70 lengths in that year's Melbourne Cup.

Yogi, who also had the jigger applied on October 30, finished seventh in the Lexus Stakes on November 3 and missed out on a run in the Melbourne Cup, while Tosen Basil was retired and never raced again.

"Therefore, the horses are back in the situation of the (four-leaf) clover trainer – treatment was given but it was not established the treatment was likely to affect the outcome of the races in question," Judge Bowman said.

Judge Bowman said the stewards' brief of evidence fell "well short" of the required standard of proof to find Weir, McLean and Kermond guilty of corruption offences.

McLean and Kermond were found guilty of engaging in corruption, dishonesty and misleading practices in connection with racing, a charge to which Weir had pleaded guilty.

The case will continue next week with a directions hearing that will determine the timeline for penalty submissions.

Weir has already served a four-year ban relating to the possession of the jigger device.

He is currently pre-training for some of Australia's top stables at his Trevenson Park property.

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Interesting result.

From a legal perspective, I guess the right decision has been made, vis. the obtaining of 'better' results in races as a result of the actions.       The recent RIB inspections of training facilities wrt the welfare of the horses, spanks of the same unrealistic and airy-fairy ideas about horse management.  For the record, I'm not against such inspections at all, but some of the comments attributed to the personnel involved are hilarious.

But the cruelty aspect of the actions is a different matter altogether.

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