ThoroughBred Racing

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The relevance of text messages exchanged between Jamie Kah, her manager Emma Shelley, Ruby McIntyre and Jacob Biddell prior to the publication of white powder images and video in the media is being contested before the Victorian Racing Tribunal.

The prosecution said messages, including two from Shelley to โ€œdeny, deny, denyโ€ and โ€œget our eggs in a rowโ€, ought to be considered by the Tribunal as Kah subsequently told stewards she had no knowledge of the images and videos being in the public domain.

Message transcripts heard by the tribunal, between Shelley andย McIntyre, included โ€œEveryone is sick, this is career destroying (after what Kah has been through)โ€.

The messages were sent on June 21/22 โ€” a couple of days before they wereย revealed in the media.

Matthew Stirling, counsel acting for both Kah and McIntyre, who have pleaded not guilty, objected to the messages being used as his clients had only been charged for misconduct, not providing false or misleading evidence to stewards.

He accused the prosecution of a โ€œsmear campaignโ€, which counsel acting for stewards resented and objected.

The tribunal heardย Kah was considering a Supreme Court injunctionย to stop the publication of the images, a move which predated any subsequent stewardsโ€™ inquiry.

โ€œTo now manipulate these conversations into a single context of a conduct prejudicial racing image is very selective and somewhat manipulative,โ€ Mr Stirling said.

The tribunal has wrestled with the discussion for the best part of an hour.

Messages between the parties includes requests to delete any/all images of the gathering from public and private Instagram accounts.

Counsel acting for the stewards, Russell Hammill, told the inquiry: โ€œIt doesnโ€™t matter what the powder was, and Ms Kah concedes that, itโ€™s just not a good look.โ€

โ€œThis is about the look of what these images represent,โ€ Mr Hammill said.

McIntyre shared the photos and video on a private social media account.

The tribunal heard a โ€œMr (Ashley) Morgan in NSWโ€ on-shared the pictures and video.

โ€œIn all likelihood Mr Morgan is the leak, to use the word, from a private social media feed to the public domain,โ€ Mr Hammill said.

McIntyre told stewards 11 times in her second interview, on July 4, she could not remember, โ€œI donโ€™t recallโ€, sharing the images or videos due to intoxication.

McIntyre captioned an image shared on the night with: โ€œSomething to add to the list of things I never thought Iโ€™d be doing, doing coke with Jamie Kah and another friend at her house until 3am and staying the night.โ€

Shelley first found out about the images being circulated through a friend in NSW.

The stewardsโ€™ case rests on the elements of public knowledge (leaked images/video), the โ€œself-evidentโ€ conduct prejudicial to the sport, and blameworthiness.

Mr Hammill said Kah either knew (photos/video was being taken) or she was reckless, โ€œeither way it gets the stewards home on blameworthinessโ€.

In response, Stirling called a stop to the hearing for Kah and McIntyre to give evidence.

โ€œWeโ€™re at the point of working out now what their case is and whether weโ€™re going into evidence, we will be going into evidence, so Iโ€™d appreciate it if my learned friend stopped making submissions,โ€ Stirling said.

The matter will continue after lunch from 1.30pm.