Chief Stipe Posted July 5 Share Posted July 5 Weir slapped with new two-year ban … but start date remains unresolved Disgraced trainer Darren Weir used jiggers on three racehorses in 2018. Picture: Michael Klein By Gilbert Gardiner 08:09am • 05 July 2024 Disgraced trainer Darren Weir has been hit with a further two-year disqualification for animal cruelty, the use of a jigger on three racehorses in 2018, and dishonest conduct. Despite first indicating Weir's new penalty would begin on Friday, the Victorian Racing Tribunal was forced to adjourn for further submissions to be made. Weir has operated a successful private pre-training business, Trevenson Park, for about 12 months. His clients include leading trainer Chris Waller and prominent owner Lloyd Williams A disqualified person, under racing rules, cannot have any involvement with horses. Tribunal chair Judge John Bowman set a "tentative orders" timeline for stewards and counsel acting for Weir and co-accused Jarrod McLean and Tyson Kermond to work toward. "In each case the date of disqualification is not yet determined and is to be determined on a date to be fixed," Judge Bowman said. "If required, and if the issue cannot be determined on the papers, a directions hearing will be set down on a date to be fixed, on or before August 16 so there is a definite finality date." • ‘The first couple of years were very tough': Weir's exile revealed Barrister Damian Sheales, acting for McLean and Kermond, sparked a discussion on when their respective 18-month and six-month disqualifications should start. Sheales said his clients' licences were suspended on October 2019, pending police involvement, thereby time served should be taken into account. "They were deprived of their licences from that time," Sheales said. Barrister Ian Hill KC echoed the sentiment, citing the fact that Weir's original four-year disqualification for possession of jiggers expired in February 2023. Since then, Weir has been unlicenced and – at the request of Racing Victoria stewards – has dutifully not attended metropolitan race meetings or yearling sales while otherwise permitted to do so. The tribunal last month heard that the 35 workers Weir employs at Trevenson Park would lose their jobs should he be disqualified and forced to shutter the business. Before the start date stalemate, the tribunal indicated it would support a seven-day stay of the disqualification to afford Weir an opportunity to make any business arrangements for Trevenson Park and potential relocation of racehorses currently on the property. Weir lives on the farm and would be free to continue to do so as a disqualified person. Hill later revisited the position on the start date for Weir's disqualification. • Weir ‘had an addiction to winning races': Waller "We can't exercise our rights now for example and appeal, and seek a stay elsewhere of this decision, because this decision has not really be finalised," Hill said. "Adjourn it to a date, as soon as possible, so this decision can be properly litigated." Barrister Angus Willoughby, acting for stewards, failed to block the Weir camp from being heard on when a net two-year disqualification should start, effective today or February 2023. "I'm not sure what arguments Mr Hill is going to advance, but he has requested he also be heard and I don't see why we should turn down that request," Judge Bowman said. "I don't see why we should exclude him if he has a point to make on behalf of his client." Judge Bowman, during the reading of the tribunal's "unanimous" decision, said minimum two-year disqualifications for each charge, to be served concurrently, should be adopted. "Mr Weir, a most experienced trainer of a huge number of horses, was not only the person in charge of the operation he was the person who actually committed the act of cruelty," Judge Bowman said. "He was the person in charge of the horse… he was the boss, he was the hands on person who actually committed these offences. "He was in charge of and the administration of a procedure that is abhorrent and deserved of condemnation." The three-person panel, including Judge Kathryn Kings and tribunal member Des Gleeson, took into account Weir's genuine remorse, plea of guilt and "a large number of most impressive character references". "We have never seen such a powerful collection," Judge Bowman said. A $36,000 fine for animal abuse, which Weir received from a Magistrates Court in December 2022 without a conviction recorded, also formed part of the tribunal's "just and appropriate" penalty. Weir in March pleaded guilty to using an electronic shock device, commonly referred to as a jigger or cattle prod, on racehorses Red Cardinal, Yogi and Tosen Basil in 2018. Stewards last September laid 10 new charges against Weir and former staff Jarrod McLean and Tyson Kermond for animal cruelty and corruption. The corruption charges were dismissed by the VRT in April. The jigger inquiry was revisited in December 2022 when closed-circuit TV footage of Weir using the apparatus was submitted and viewed as evidence in a Magistrates' Court. Judge Bowman on Friday scolded stewards for the "unfortunate and basically unacceptable" 10-month delay between the reactivated inquiry and new charges being laid. 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Murray Fish Posted July 5 Share Posted July 5 a sad tale continues to drag on... 1 Quote Link to comment Share on other sites More sharing options...
The Centaur Posted July 6 Share Posted July 6 18 hours ago, Murray Fish said: a sad tale continues to drag on... Yes its getting into the Julian Assange category. He has served his time. You just can't keep on adding time after time served. 2 1 Quote Link to comment Share on other sites More sharing options...
curious Posted July 6 Share Posted July 6 4 hours ago, The Centaur said: Yes its getting into the Julian Assange category. He has served his time. You just can't keep on adding time after time served. He hasn't served any disqualification time yet, which he well deserves in my opinion. Quote Link to comment Share on other sites More sharing options...
The Centaur Posted July 6 Share Posted July 6 8 minutes ago, curious said: He hasn't served any disqualification time yet, which he well deserves in my opinion. Rubbish. Its 2024 and he is still out. What he took a holiday? Expensive holiday its cost millions. No evidence was presented that prodders were cruel. They use them on cattle so that straight away puts it in some perspective. 1 Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 6 Author Share Posted July 6 52 minutes ago, curious said: He hasn't served any disqualification time yet, which he well deserves in my opinion. Eh? He has done over 4 years. Quote Link to comment Share on other sites More sharing options...
curious Posted July 6 Share Posted July 6 16 minutes ago, Chief Stipe said: Eh? He has done over 4 years. He was disqualified on previous charges, but this hearing is on new charges stemming from the video evidence that since surfaced, which means he will be disqualified 2 years for those. He should be disqualified for life in my view. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 6 Author Share Posted July 6 16 hours ago, curious said: He was disqualified on previous charges, but this hearing is on new charges stemming from the video evidence that since surfaced Which was related to the first charge and surfaced before he had completed the disqualification for the first charge. That disqualification finished in February 2023. Weir was taken to the Magistrates Court for the second charge in December 2022. He was fined $36k and had to make a $10k donation to the RSPCA. He was served notice by the Stewards in relation to that charge heard in the Magistrates Court. There is a good legal argument to say that he has continued to serve a disqualification while those new charges were pending. If that is proven then he will have completed his most recent disqualificatoin next February 2025. I believe that argument has a strong possibility of succeeding. Another argument which I believe has less chance of succeeding is that the latest sentence should be considered concurrent to the first sentence and back dated to 2019. All that aside he is still pre-training thoroughbreds as an unlicensed person and is doing so for many top trainers. He employs 35 staff and has about 130 horses at a time and trainers for the likes of Chris Waller and Lloyd Williams. 16 hours ago, curious said: He should be disqualified for life in my view. That would by hypocriscy in my opinion given what is accepted as normal training and racing methods. Many reckon Weir is a genius at training which shows even the best using whatever methods they can can't get a horse to race if it doesn't want to. We've all had horses like that in the stable - elite natural talent but no will to compete no matter what blindfolding head gear, bit or whip you use. 1 Quote Link to comment Share on other sites More sharing options...
curious Posted July 6 Share Posted July 6 He was disqualified 4 years for possession of the jiggers. These charges relate to new evidence of him using them, multiple times, on multiple horses. As I read the reports, the 4 years he had already done was accounted for in mitigation of some of the 10 year disqualification the stewards proposed. He has also got to serve the further 4 years concurrently as two. Have to wait for the full decision to clarify that possibly. Quote Link to comment Share on other sites More sharing options...
curious Posted July 6 Share Posted July 6 (edited) 19 minutes ago, Chief Stipe said: That would by hypocriscy in my opinion given what is accepted as normal training and racing methods. I'm extremely alarmed that you consider what Weir did akin in any way to "normal" training methods. I don't think you would find too many trainers that would even consider condoning it. Edited July 6 by curious Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 6 Author Share Posted July 6 10 minutes ago, curious said: He was disqualified 4 years for possession of the jiggers. These charges relate to new evidence of him using them, multiple times, on multiple horses. As I read the reports, the 4 years he had already done was accounted for in mitigation of some of the 10 year disqualification the stewards proposed. He has also got to serve the further 4 years concurrently as two. Have to wait for the full decision to clarify that possibly. The legal issue is when does the new disqualification start? There are three possibilities - February 2019 - the date of the first disqualification and the new sentence is treated as concurrent therefore time served, or; February 2023 - the date the first disqualification ended. The new sentence ends in February 2025, or; July 2024 - the date the second disqualification was given and ends in July 2026. By comparison Weir got treated more leniently in the District Court than by the Racing Feds. I guess the District Court doesn't have a "social license" to deal with. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 6 Author Share Posted July 6 15 minutes ago, curious said: I'm extremely alarmed that you consider what Weir did akin in any way to "normal" training methods. I don't think you would find too many trainers that would even consider condoning it. Sorry to "extremely alarm" you. But do you consider a stock whip "normal"? BTW I didn't say using a jigger was a normal training method - obviously it isn't. But I don't agree with your opinion that Weir should be rubbed out from horse racing for life. He paid what society thinks was a fair punishment why should the Racing Industry consider it not fair? Quote Link to comment Share on other sites More sharing options...
curious Posted July 6 Share Posted July 6 3 minutes ago, Chief Stipe said: Sorry to "extremely alarm" you. But do you consider a stock whip "normal"? Definitely not. Certainly not allowed on racedays and a long time since I've seen one used on any horse. Quote Link to comment Share on other sites More sharing options...
curious Posted July 6 Share Posted July 6 19 minutes ago, Chief Stipe said: The legal issue is when does the new disqualification start? There are three possibilities - February 2019 - the date of the first disqualification and the new sentence is treated as concurrent therefore time served, or; February 2023 - the date the first disqualification ended. The new sentence ends in February 2025, or; July 2024 - the date the second disqualification was given and ends in July 2026. By comparison Weir got treated more leniently in the District Court than by the Racing Feds. I guess the District Court doesn't have a "social license" to deal with. The intention of the panel is clearly 3 with a 7 day delay to allow him to organise the business arrangements for his property. The previous periods have already been accounted for in the new penalties. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 7 Author Share Posted July 7 1 hour ago, curious said: The intention of the panel is clearly 3 with a 7 day delay to allow him to organise the business arrangements for his property. The previous periods have already been accounted for in the new penalties. So have they changed the pre-training rules? Or is there another rule that says a disqualified person can't pre-train? Could still be option 2 as the same rules would apply. Quote Link to comment Share on other sites More sharing options...
curious Posted July 7 Share Posted July 7 20 minutes ago, Chief Stipe said: So have they changed the pre-training rules? Or is there another rule that says a disqualified person can't pre-train? Could still be option 2 as the same rules would apply. A disqualified person can have nothing to do with horses. Weir has only pre-trained since he ended his 4 year disqualification and won't be able to do so when the new period starts, though it appears they have allowed him to remain living on the property. Nothing has changed with the rules. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 7 Author Share Posted July 7 6 minutes ago, curious said: A disqualified person can have nothing to do with horses. Weir has only pre-trained since he ended his 4 year disqualification and won't be able to do so when the new period starts, though it appears they have allowed him to remain living on the property. Nothing has changed with the rules. So it ISN'T clear what is the intention as either option 2 or 3 could apply. Quote Link to comment Share on other sites More sharing options...
curious Posted July 7 Share Posted July 7 22 minutes ago, Chief Stipe said: So it ISN'T clear what is the intention as either option 2 or 3 could apply. Option 2 can't apply imo. He was not disqualified or operating under disqualification conditions after his disqualification ended and he was pre-training. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 7 Author Share Posted July 7 2 hours ago, curious said: Option 2 can't apply imo. He was not disqualified or operating under disqualification conditions after his disqualification ended and he was pre-training. Good point but in my opinion that's where the Judiciary have got themselves in a bit of a bind. This latest charge is based on the charge that was dealt to in the District Court in December 2022. 3 months before his disqualification ended. In that case he pleaded guilty. They have muddied the waters with the rules allowing him to pre-train from March 2023 to July 2024 i.e. 18 months. By the way Racing Victoria did upgrade the licensing rules after the December 2022 guilty plea. It's a bit like the McGrath case in NZ if a person isn't disqualified for life and but there are rules in place that allow for the application of a license to train. However with both cases there is now a huge grey area with purely subjective assessments in place like determining who is a "suitable person". There are very few examples outside in the real world (outside of racing) that disallow redemption. Quote Link to comment Share on other sites More sharing options...
curious Posted July 7 Share Posted July 7 The Magistrates' Court 2022 decision was a criminal charge for animal abuse. Different thing than these charges under the rules of racing, though the panel appears to have allowed for that fine to further mitigate the current penalty. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 8 Author Share Posted July 8 DARREN WEIR - still in limbo! https://www.clarkofthecourse.com/post/darren-weir-still-in-limbo A Victorian Racing Tribunal supposed penalty hearing descended into some farce as another disqualification period was delivered but no absolute decision reached. Darren Weir will either end up serving a seven-and-a-half-year penalty for jigger and animal cruelty offences or be able to consider applying to rejoin the training ranks from next February. Not that opening comments by new Racing Victoria chair Tim Eddy post Friday’s messy Victorian Racing Tribunal hearing would give him any comfort of a smooth approval. Nonetheless, that is in limbo again, at least until August 16, but not before a two-year disqualification was added to his record and the future of his pre-training business at Trevenson Park looks certain to go in some form. But “when” Weir will serve - or start serving - those extra two years for use of the jiggers and committing animal cruelty on three horses Tosen Basil, Red Cardinal and Yogi at his Warrnambool stables on October 30, 2018, is the latest question still unanswered and still to be determined after a morning of legal wrangling and more scheduled to come now. No-one needs reminding Weir had served four years for possession, those charges brought, the case heard and determined within a week back in early 2019, something clearly raised by Bowman today. That associated penalty expired in February last year, now 17 months ago. But here we are five and a half years later, and I will get to Judge Bowman’s comments on such, with still matters to be determined. In announcing the mandatory two-year ban for use, let’s simply go to Bowman who noted: “Mr Weir was not only person in charge of the situation, but he was also the person who actually committed the acts of cruelty to Tosen Basil (and the other two),” he said “While there are a number of very substantial matters in Mr Weir’s favour (which have been set out earlier”, the bottom line is he was the person in charge of the horses, the stables, the situation, he was the boss. “He was the hands-on person who committed these serious offences – he was in charge of and was the administrator of a procedure which is abhorrent and deserving of condemnation.” “Accordingly, the penalties are the minimum of two years, over and above four years, which he has already served,” Bowman said. But of course, Weir pleaded guilty to these charges as he had to all those before. But legal argument ensued (after an 18-month disqualification to co-defendant Jarrod Mclean and six months to Tyson Kermond were also announced) with clarification sought by Counsel, Ian Smith for Weir and Damian Sheales for the others. This comes to the matter of time served, in Weir’s case the 17 months since his original disqualification ended. Bowman’s initial ruling was that the penalty started from today, not including that time. The conversations went like this: HILL – “could we raise that question in respect to Mr Weir, bearing in mind from February 23, he has not been licensed to train, not sort to train, has remained clear of training and racing other than pre-training. BOWMAN – “we were well and truly aware of it. It was something that was taken into account, no actual calendar calculation was made in relation to it. We were aware he was performing (Trevenson); we don’t know for how long during that 12-month period, how long he was performing or what was involved. We took into account and made no specific allowance for it.” HILL – “So the intention of decision is that the two years commences today?” BOWMAN: Yes.” But pressed further by Sheales for his clients, Bowman conceded there was an argument to be had that “part of the penalty has already been served.” Sheales was stinging in his criticism of Angus Willoughby for the RV stewards saying, “it was the silliest thing I have ever heard” (that time served was not a consideration let alone a given precedent.) “You are in cloud cuckoo land, because it’s been done in time immemorial, quite properly, never once have your clients in 30 years suggested it was wrong.” he said. Bowman then declared that there then would be no final order today, and argument on when penalties would start were set to a timetable, RV Stewards to submit first by July 19, Weir, McLean and Kermond to respond by August 2, RV Stewards right of reply to a week later with August 19 given as the final date for a directions hearing as some “definite finality.” Which will lead to most importantly the time to be served by Weir and any chance he has of thinking of returning to racing as a trainer. A disqualification will allow him to live at Trevenson Park, his pre-training property at Baringhup, but not be involved in the horses. Trevenson Park Currently 35 staff are employed with over 100 horses in work and others agisting. With the case still requiring a final deliberation, it was interesting that Racing Victoria, whose normal mantra is “we will not comment on an ongoing case” issued a statement from Eddy. “Darren Weir, Jarrod McLean and Tyson Kermond’s conduct struck at the heart of the two pillars upon which the horse racing industry stands – animal welfare and integrity. “The industry’s social licence depends upon the reality and the perception that racehorses are not mistreated, and that races are conducted on an even playing field without contraventions of the Rules of Racing, “said Eddy in his surprisingly timed press statement. It elaborated: “The actions of the individuals in this case not only severely damaged racing’s reputation, but also tarnished the image of hard-working, rule-abiding individuals in our industry who devote their lives to the horses and act for the betterment of the sport,” he said. Perhaps not all of Judge Bowmans notes were read before that statement was issued. So, I note them here. Bowman asked, almost rhetorically, (in trying to determine sentence), “what then are the totality factors in the case?” And answered: “Firstly, a disqualification of four years-imposed 6 February 2019 should be taken into account “Secondly, he (Weir) limited himself greatly to any participation in racing since the expiry of the four-year penalty in February pending the present charges. “Thirdly, Mr Weir faced a considerable number of police charges concerned with jiggers and animal welfare in the Magistrates Court. Most were not pursued but ultimately, he plead guilty to cruelty and was fined $36,000 without a recorded conviction. (14 December 22), that should be taken into account. “And next, he had these charges and their predecessor of possession hanging over him five-and-a-half years.” “There is no suggestion that any part of that delay is anyway attributable to him. “The same could not be said of the stewards. “Apart from anything else there is no acceptable explanation as to why there was such a delay between the expiry date of the four-year period of disqualification in February 2023 and laying of the present charges in September of that year. Bowman then spoke direct to the matter of cruelty. “In each instance (the three horses), there was no indication of any reaction or injury to horses to which the jigger was applied. “Dr (Andrew ) McLean, in expert evidence, could not say the application any effect on horses at all. “That is not to minimise the gravity of the offending. Repeated application of the jigger to the horses represents cruelty to which Mr Weir has pleaded guilty. “It is behaviour which the industry will not tolerate. The use of jigger is major offence which should attract a significant penalty,” he said. Bowman also addressed Weir’s character and evidence in his favour as such. “A large number of most impressive character witnesses were placed before us,” he said. “In our collective years performing this work we have never seen such a powerful collection. “We also note that in the interval between the expiry of the four years disqualification and the present, Weir has pre-trained a considerable number of horses at his farm, this work is for others in the industry. “The stewards have at all relevant times known of this having been notified of it by Mr Weir. “There was no suggestion this was anyway improper or in breach of the rules, indeed stewards visited property seen what occurring,” Bowman said. He continued: “Mr Weir is a self-made trainer; he has been an outstanding success. And bearing in mind the size of operation, his disciplinary record is very good. “We accept he is genuinely remorseful. He has been franc and co-operative with the stewards, he has pleaded guilty to the present charges and did so at an early stage when they were laid. "Thus, there are a number of mitigating factors operating. “However, we are of the opinion there should be a disqualification – and that should be for minimum period prescribed for two years." So that is where it lies, awaiting submissions as to when the latest penalty should start. Weir has not trained a runner since Torreggiante ran last at Pakenham on Jan 31 Pakenham 2019. 1 Quote Link to comment Share on other sites More sharing options...
DARREN WEIR - still in limbo! https://www.clarkofthecourse.com/post/darren-weir-still-in-limbo A Victorian Racing Tribunal supposed penalty hearing descended into some farce as another disqualification period was delivered but no absolute decision reached. Darren Weir will either end up serving a seven-and-a-half-year penalty for jigger and animal cruelty offences or be able to consider applying to rejoin the training ranks from next February. Not that opening comments by new Racing Victoria chair Tim Eddy post Friday’s messy Victorian Racing Tribunal hearing would give him any comfort of a smooth approval. Nonetheless, that is in limbo again, at least until August 16, but not before a two-year disqualification was added to his record and the future of his pre-training business at Trevenson Park looks certain to go in some form. But “when” Weir will serve - or start serving - those extra two years for use of the jiggers and committing animal cruelty on three horses Tosen Basil, Red Cardinal and Yogi at his Warrnambool stables on October 30, 2018, is the latest question still unanswered and still to be determined after a morning of legal wrangling and more scheduled to come now. No-one needs reminding Weir had served four years for possession, those charges brought, the case heard and determined within a week back in early 2019, something clearly raised by Bowman today. That associated penalty expired in February last year, now 17 months ago. But here we are five and a half years later, and I will get to Judge Bowman’s comments on such, with still matters to be determined. In announcing the mandatory two-year ban for use, let’s simply go to Bowman who noted: “Mr Weir was not only person in charge of the situation, but he was also the person who actually committed the acts of cruelty to Tosen Basil (and the other two),” he said “While there are a number of very substantial matters in Mr Weir’s favour (which have been set out earlier”, the bottom line is he was the person in charge of the horses, the stables, the situation, he was the boss. “He was the hands-on person who committed these serious offences – he was in charge of and was the administrator of a procedure which is abhorrent and deserving of condemnation.” “Accordingly, the penalties are the minimum of two years, over and above four years, which he has already served,” Bowman said. But of course, Weir pleaded guilty to these charges as he had to all those before. But legal argument ensued (after an 18-month disqualification to co-defendant Jarrod Mclean and six months to Tyson Kermond were also announced) with clarification sought by Counsel, Ian Smith for Weir and Damian Sheales for the others. This comes to the matter of time served, in Weir’s case the 17 months since his original disqualification ended. Bowman’s initial ruling was that the penalty started from today, not including that time. The conversations went like this: HILL – “could we raise that question in respect to Mr Weir, bearing in mind from February 23, he has not been licensed to train, not sort to train, has remained clear of training and racing other than pre-training. BOWMAN – “we were well and truly aware of it. It was something that was taken into account, no actual calendar calculation was made in relation to it. We were aware he was performing (Trevenson); we don’t know for how long during that 12-month period, how long he was performing or what was involved. We took into account and made no specific allowance for it.” HILL – “So the intention of decision is that the two years commences today?” BOWMAN: Yes.” But pressed further by Sheales for his clients, Bowman conceded there was an argument to be had that “part of the penalty has already been served.” Sheales was stinging in his criticism of Angus Willoughby for the RV stewards saying, “it was the silliest thing I have ever heard” (that time served was not a consideration let alone a given precedent.) “You are in cloud cuckoo land, because it’s been done in time immemorial, quite properly, never once have your clients in 30 years suggested it was wrong.” he said. Bowman then declared that there then would be no final order today, and argument on when penalties would start were set to a timetable, RV Stewards to submit first by July 19, Weir, McLean and Kermond to respond by August 2, RV Stewards right of reply to a week later with August 19 given as the final date for a directions hearing as some “definite finality.” Which will lead to most importantly the time to be served by Weir and any chance he has of thinking of returning to racing as a trainer. A disqualification will allow him to live at Trevenson Park, his pre-training property at Baringhup, but not be involved in the horses. Trevenson Park Currently 35 staff are employed with over 100 horses in work and others agisting. With the case still requiring a final deliberation, it was interesting that Racing Victoria, whose normal mantra is “we will not comment on an ongoing case” issued a statement from Eddy. “Darren Weir, Jarrod McLean and Tyson Kermond’s conduct struck at the heart of the two pillars upon which the horse racing industry stands – animal welfare and integrity. “The industry’s social licence depends upon the reality and the perception that racehorses are not mistreated, and that races are conducted on an even playing field without contraventions of the Rules of Racing, “said Eddy in his surprisingly timed press statement. It elaborated: “The actions of the individuals in this case not only severely damaged racing’s reputation, but also tarnished the image of hard-working, rule-abiding individuals in our industry who devote their lives to the horses and act for the betterment of the sport,” he said. Perhaps not all of Judge Bowmans notes were read before that statement was issued. So, I note them here. Bowman asked, almost rhetorically, (in trying to determine sentence), “what then are the totality factors in the case?” And answered: “Firstly, a disqualification of four years-imposed 6 February 2019 should be taken into account “Secondly, he (Weir) limited himself greatly to any participation in racing since the expiry of the four-year penalty in February pending the present charges. “Thirdly, Mr Weir faced a considerable number of police charges concerned with jiggers and animal welfare in the Magistrates Court. Most were not pursued but ultimately, he plead guilty to cruelty and was fined $36,000 without a recorded conviction. (14 December 22), that should be taken into account. “And next, he had these charges and their predecessor of possession hanging over him five-and-a-half years.” “There is no suggestion that any part of that delay is anyway attributable to him. “The same could not be said of the stewards. “Apart from anything else there is no acceptable explanation as to why there was such a delay between the expiry date of the four-year period of disqualification in February 2023 and laying of the present charges in September of that year. Bowman then spoke direct to the matter of cruelty. “In each instance (the three horses), there was no indication of any reaction or injury to horses to which the jigger was applied. “Dr (Andrew ) McLean, in expert evidence, could not say the application any effect on horses at all. “That is not to minimise the gravity of the offending. Repeated application of the jigger to the horses represents cruelty to which Mr Weir has pleaded guilty. “It is behaviour which the industry will not tolerate. The use of jigger is major offence which should attract a significant penalty,” he said. Bowman also addressed Weir’s character and evidence in his favour as such. “A large number of most impressive character witnesses were placed before us,” he said. “In our collective years performing this work we have never seen such a powerful collection. “We also note that in the interval between the expiry of the four years disqualification and the present, Weir has pre-trained a considerable number of horses at his farm, this work is for others in the industry. “The stewards have at all relevant times known of this having been notified of it by Mr Weir. “There was no suggestion this was anyway improper or in breach of the rules, indeed stewards visited property seen what occurring,” Bowman said. He continued: “Mr Weir is a self-made trainer; he has been an outstanding success. And bearing in mind the size of operation, his disciplinary record is very good. “We accept he is genuinely remorseful. He has been franc and co-operative with the stewards, he has pleaded guilty to the present charges and did so at an early stage when they were laid. "Thus, there are a number of mitigating factors operating. “However, we are of the opinion there should be a disqualification – and that should be for minimum period prescribed for two years." So that is where it lies, awaiting submissions as to when the latest penalty should start. Weir has not trained a runner since Torreggiante ran last at Pakenham on Jan 31 Pakenham 2019.
https://www.clarkofthecourse.com/post/darren-weir-still-in-limbo A Victorian Racing Tribunal supposed penalty hearing descended into some farce as another disqualification period was delivered but no absolute decision reached. Darren Weir will either end up serving a seven-and-a-half-year penalty for jigger and animal cruelty offences or be able to consider applying to rejoin the training ranks from next February. Not that opening comments by new Racing Victoria chair Tim Eddy post Friday’s messy Victorian Racing Tribunal hearing would give him any comfort of a smooth approval. Nonetheless, that is in limbo again, at least until August 16, but not before a two-year disqualification was added to his record and the future of his pre-training business at Trevenson Park looks certain to go in some form. But “when” Weir will serve - or start serving - those extra two years for use of the jiggers and committing animal cruelty on three horses Tosen Basil, Red Cardinal and Yogi at his Warrnambool stables on October 30, 2018, is the latest question still unanswered and still to be determined after a morning of legal wrangling and more scheduled to come now. No-one needs reminding Weir had served four years for possession, those charges brought, the case heard and determined within a week back in early 2019, something clearly raised by Bowman today. That associated penalty expired in February last year, now 17 months ago. But here we are five and a half years later, and I will get to Judge Bowman’s comments on such, with still matters to be determined. In announcing the mandatory two-year ban for use, let’s simply go to Bowman who noted: “Mr Weir was not only person in charge of the situation, but he was also the person who actually committed the acts of cruelty to Tosen Basil (and the other two),” he said “While there are a number of very substantial matters in Mr Weir’s favour (which have been set out earlier”, the bottom line is he was the person in charge of the horses, the stables, the situation, he was the boss. “He was the hands-on person who committed these serious offences – he was in charge of and was the administrator of a procedure which is abhorrent and deserving of condemnation.” “Accordingly, the penalties are the minimum of two years, over and above four years, which he has already served,” Bowman said. But of course, Weir pleaded guilty to these charges as he had to all those before. But legal argument ensued (after an 18-month disqualification to co-defendant Jarrod Mclean and six months to Tyson Kermond were also announced) with clarification sought by Counsel, Ian Smith for Weir and Damian Sheales for the others. This comes to the matter of time served, in Weir’s case the 17 months since his original disqualification ended. Bowman’s initial ruling was that the penalty started from today, not including that time. The conversations went like this: HILL – “could we raise that question in respect to Mr Weir, bearing in mind from February 23, he has not been licensed to train, not sort to train, has remained clear of training and racing other than pre-training. BOWMAN – “we were well and truly aware of it. It was something that was taken into account, no actual calendar calculation was made in relation to it. We were aware he was performing (Trevenson); we don’t know for how long during that 12-month period, how long he was performing or what was involved. We took into account and made no specific allowance for it.” HILL – “So the intention of decision is that the two years commences today?” BOWMAN: Yes.” But pressed further by Sheales for his clients, Bowman conceded there was an argument to be had that “part of the penalty has already been served.” Sheales was stinging in his criticism of Angus Willoughby for the RV stewards saying, “it was the silliest thing I have ever heard” (that time served was not a consideration let alone a given precedent.) “You are in cloud cuckoo land, because it’s been done in time immemorial, quite properly, never once have your clients in 30 years suggested it was wrong.” he said. Bowman then declared that there then would be no final order today, and argument on when penalties would start were set to a timetable, RV Stewards to submit first by July 19, Weir, McLean and Kermond to respond by August 2, RV Stewards right of reply to a week later with August 19 given as the final date for a directions hearing as some “definite finality.” Which will lead to most importantly the time to be served by Weir and any chance he has of thinking of returning to racing as a trainer. A disqualification will allow him to live at Trevenson Park, his pre-training property at Baringhup, but not be involved in the horses. Trevenson Park Currently 35 staff are employed with over 100 horses in work and others agisting. With the case still requiring a final deliberation, it was interesting that Racing Victoria, whose normal mantra is “we will not comment on an ongoing case” issued a statement from Eddy. “Darren Weir, Jarrod McLean and Tyson Kermond’s conduct struck at the heart of the two pillars upon which the horse racing industry stands – animal welfare and integrity. “The industry’s social licence depends upon the reality and the perception that racehorses are not mistreated, and that races are conducted on an even playing field without contraventions of the Rules of Racing, “said Eddy in his surprisingly timed press statement. It elaborated: “The actions of the individuals in this case not only severely damaged racing’s reputation, but also tarnished the image of hard-working, rule-abiding individuals in our industry who devote their lives to the horses and act for the betterment of the sport,” he said. Perhaps not all of Judge Bowmans notes were read before that statement was issued. So, I note them here. Bowman asked, almost rhetorically, (in trying to determine sentence), “what then are the totality factors in the case?” And answered: “Firstly, a disqualification of four years-imposed 6 February 2019 should be taken into account “Secondly, he (Weir) limited himself greatly to any participation in racing since the expiry of the four-year penalty in February pending the present charges. “Thirdly, Mr Weir faced a considerable number of police charges concerned with jiggers and animal welfare in the Magistrates Court. Most were not pursued but ultimately, he plead guilty to cruelty and was fined $36,000 without a recorded conviction. (14 December 22), that should be taken into account. “And next, he had these charges and their predecessor of possession hanging over him five-and-a-half years.” “There is no suggestion that any part of that delay is anyway attributable to him. “The same could not be said of the stewards. “Apart from anything else there is no acceptable explanation as to why there was such a delay between the expiry date of the four-year period of disqualification in February 2023 and laying of the present charges in September of that year. Bowman then spoke direct to the matter of cruelty. “In each instance (the three horses), there was no indication of any reaction or injury to horses to which the jigger was applied. “Dr (Andrew ) McLean, in expert evidence, could not say the application any effect on horses at all. “That is not to minimise the gravity of the offending. Repeated application of the jigger to the horses represents cruelty to which Mr Weir has pleaded guilty. “It is behaviour which the industry will not tolerate. The use of jigger is major offence which should attract a significant penalty,” he said. Bowman also addressed Weir’s character and evidence in his favour as such. “A large number of most impressive character witnesses were placed before us,” he said. “In our collective years performing this work we have never seen such a powerful collection. “We also note that in the interval between the expiry of the four years disqualification and the present, Weir has pre-trained a considerable number of horses at his farm, this work is for others in the industry. “The stewards have at all relevant times known of this having been notified of it by Mr Weir. “There was no suggestion this was anyway improper or in breach of the rules, indeed stewards visited property seen what occurring,” Bowman said. He continued: “Mr Weir is a self-made trainer; he has been an outstanding success. And bearing in mind the size of operation, his disciplinary record is very good. “We accept he is genuinely remorseful. He has been franc and co-operative with the stewards, he has pleaded guilty to the present charges and did so at an early stage when they were laid. "Thus, there are a number of mitigating factors operating. “However, we are of the opinion there should be a disqualification – and that should be for minimum period prescribed for two years." So that is where it lies, awaiting submissions as to when the latest penalty should start. Weir has not trained a runner since Torreggiante ran last at Pakenham on Jan 31 Pakenham 2019.
aquaman Posted July 8 Share Posted July 8 On 6/07/2024 at 6:11 PM, curious said: He was disqualified on previous charges, but this hearing is on new charges stemming from the video evidence that since surfaced, which means he will be disqualified 2 years for those. He should be disqualified for life in my view. Why? Quote Link to comment Share on other sites More sharing options...
curious Posted July 8 Share Posted July 8 3 minutes ago, aquaman said: Why? Same reasons stewards gave when requesting a 10 year total disqualification. Still might happen in effect. Assuming he serves a further 2 years disqualification starting now, he still will have to show he's a fit and proper person to hold a licence after that. 1 Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted July 9 Author Share Posted July 9 3 hours ago, curious said: Same reasons stewards gave when requesting a 10 year total disqualification. Still might happen in effect. Assuming he serves a further 2 years disqualification starting now, he still will have to show he's a fit and proper person to hold a licence after that. Which is where the rules are an ass. "Fit and Proper" is subjective at best. Weir pleased guilty on the same charges in the criminal court and given a fine but did not get a criminal conviction. Racing Victoria will find it hard to justify what is essentially a much harsher penalty albeit by default. Quote Link to comment Share on other sites More sharing options...
curious Posted September 2 Share Posted September 2 Weir has seven days to move horses as disqualification confirmed Disqualified former trainer Darren Weir. Picture: Michael Klein By Brad Waters 01:09pm • 02 September 2024 Disgraced trainer Darren Weir has seven days to move horses from his Trevenson Park property before he starts another two-year disqualification. The Victorian Racing Tribunal ordered Weir's new disqualification commence immediately after considering submissions on the starting date of Weir's disqualification for using a ‘jigger' on three horses in 2018. Weir's legal counsel, Ian Hill KC, told the tribunal the trainer was "anxious to have the matter finalised before the tribunal today." The three-person panel – chaired by Judge Bowman – agreed, allowing Weir to start his disqualification on September 9. Following the last hearing of the long-running case, Weir's counsel submitted his two-year sanction should be backdated to February 6 last year, the date his previous disqualification ended for possession of the electrical devices. In early 2019, Weir and Racing Victoria stewards came to an agreement for the trainer to serve a four-year disqualification. Racing Victoria stewards subsequently charged Weir with using the jiggers on Red Cardinal, Tosen Basil and Yogi at the end of a Victoria Police inquiry into the matter. Darren Weir at his former stables in Ballarat in 2016. Picture: Aaron Francis Weir pleaded guilty to animal cruelty offences in the Warrnambool Magistrates Court in 2022 for which he was fined $36,000 with no criminal conviction recorded. The Melbourne Cup-winning trainer had operated a pre-training and spelling business at Trevenson Park, near Maldon in Central Victoria. Under the terms of disqualification, Weir cannot earn a direct or indirect income from racing, nor can he attend race meetings. As a disqualified person, Weir would need to reapply to RV's Licensing Committee at the end of his time out to regain his trainer's licence. That decision lies solely with the discretion of RV.<br /> While the VRT finalised Weir's disqualification period, the tribunal has still to finalise the start of disqualifications for co-accused Jarrod McLean and Tyson Kermond. Judge Bowman noted the tribunal erred when determining McLean and Kermond's penalties, which were handed down in July. Bowman said the VRT had not taken into account the duo had been suspended by stewards between October 2019 and the conclusion of the court case in December 2022. The error caused the tribunal to cut McLean's latest disqualification to nine months while Kermond will serve another three months. Legal counsel for RV and McLean and Kermond could not lock in the dates on which the duo would start their respective penalties. The VRT will reconvene on Tuesday morning to confirm the dates of Kermond and McLean's disqualifications. Read all news by Brad Waters https://www.racenet.com.au/news/darren-weir-disqualification-confirmed-by-victorian-racing-tribunal-given-seven-days-to-relocate-horses-from-his-trevenson-park-property-20240902 1 Quote Link to comment Share on other sites More sharing options...
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