ThoroughBred Racing

Weir not guilty of corruption related charges

Weir not guilty of corruption related charges

Three charges against Darren Weir relating to corrupting the outcome of a race have been dismissed in a VRT hearing on Wednesday morning.

Weir had previously pleaded guilty to seven charges relating to animal cruelty over the use of a jigger on three racehorses (Red Cardinal, Tosen Basil, Yogi) at his Warrnambool stables in 2018 but not guilty to the three corruption charges.

Weir’s co-accused Jarrod McLean and Tyson Kermond were also found not guilty of the three corruption related charges.

Judge John Bowman said the three person VRT Tribunal believed the specifics of the charges were not proven by Racing Victoria’s representatives during a lengthy VRT hearing last month.

 


“The bottom line is we are not satisfied comfortably or otherwise that charges one, two, and three have been made out,” Bowman said.

“Particularly we are not comfortably satisfied that the required component of ‘likely to affect the outcome of any race’ has been proven.”

In handing down his decision, Bowman touched on the evidence given by equine scientist Dr Andrew McLean who was questioned at length during the hearing and admitted to not being an expert in racing.

“We are not particularly impressed with the evidence of Dr McLean, firstly, whilst he may be qualified in various aspects in relation to animal welfare, his knowledge of and experience with racehorses and racing is limited,” Bowman said.

The case will continue next week with the VRT to reconvene with a directions hearing to advise on a date for penalty submissions.

 

 

In a statement to Racing.com, a Racing Victoria spokesperson said: “RV Stewards will now take the time to review the VRT’s written judgement in detail when published and carefully consider their options noting the significance of the case,” the statement read.

“RV Stewards will commence the preparation of penalty submissions for the seven serious offence charges that each of Mr Weir, Mr McLean and Mr Kermond plead to or were found guilty of by the VRT.

“RV Stewards’ submissions will reflect the gravity of the offending and seek commensurate penalties for Mr Weir, Mr McLean and Mr Kermond related to the use of a jigger, acts of cruelty to horses, and improper or dishonourable conduct.”

Charges (1-3): AR 229(1)(b) relating to Red Cardinal, Tosen Basil, Yogi

(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