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.
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.
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