A weary timeline of the long running case involving fallen idol Darren Weir - a fall from a great height to the wilderness - again.
January 29, 2019: Detectives from Victorian Police Sport Integrity Unit raid the Darren Weir stables at Ballarat and Yangerry near Warrnambool. (Weir and Warrnambool employees Jarrod McLean and Tyson Kermond are arrested).
(Victoria Police Assistant Commissioner Neil Paterson confirmed they had seized four jiggers, an unregistered gun and a substance believed to be cocaine.)
At a press conference, Paterson said officers had seized an unregistered firearm and four conducted energy devices – known as “jiggers” – across two properties, and that the raids related to alleged animal cruelty as well as corruption.
He said the alleged offences “relate to offences of obtaining financial advantage by deception, engaging in conduct that corrupts or would corrupt a betting outcome, and the use of corrupt conduct information for betting purposes, and attempting to commit an indictable offence, and also charges that relate to animal cruelty.
“I can’t go into the specifics that give rise to the circumstances of each one of those charges because of the complexity of this investigation and because it still is ongoing.
“What I can say is that in conduct of the conducted energy devices, or the jiggers, clearly, the allegation is that they may be used against a horse … with the aim of improving their performance on a particular race day.”
January 31, 2019: Weir’s last saddled runner Torreggiante runs last at Pakenham.
February 6, 2019. Weir pleads no contest to possession of jiggers and accepts a four-year disqualification.
Weir’s legal representative Patrick “Wheelahan said his client wanted to have his case dealt with straight away as he had witnessed cases that went on for years, causing more damage to the industry.
He said Weir felt terrible about the situation and his decision not to contest the charges showed his remorse.
"It's all happened very quickly and that's a great credit to him," Mr Wheelahan said.
"He's instructed us from the start that he's adamant that he didn't want to waste any more time as far as Racing Victoria's concerned and he's very, very sad about it.
"He's been emotional right through, he's pretty solid sort of fellow, a good country boy, so he'll be glad it's all over now, [so he can] get on with the rest of his life."
February 6, 2022: Weir sells his famous Miner's Rest stables at Ballarat to trainer Ciaron Maher in hastily organised deal
"Obviously it's very sad for him (Weir), but on the other hand its's a great opportunity for us," Maher said at the time.
Racing Victoria's then CEO Giles Thompson weighed-in: The stewards have advised all parties they will continue to closely monitor both the requirements of the transfer and the adherence of r Weir to the terms of the disqualification."
December 14, 2022: Weir fined $36,000 Warrnambool Magistrates Court on animal cruelty charges without conviction.
“Each of the accused has suffered considerable embarrassment, shame, and both financial and emotional affects over the course of the four-year period,” Magistrate Franz Holzer told the court.
The Prosecution played the court secretly filmed CCTV footage which depicted Weir using a jigger on three horses, Red Cardinal, Yogi, and Tosen Basil on the treadmill at his
Warrnambool stables, whilst Jarrod McLean struck their backs with a piece of pipe to simulate a whip.
Magistrate Holzer said although appalling behaviour, the abuse was a ‘one-off’ and only occurred for a ‘short period’ of time and appeared to have no long-lasting affects on any of the three horses involved.
“It is noteworthy that none of the horses appeared stressed, none of them appeared to be unwilling to get onto the training treadmill, nor anxious to remove themselves from the device.
“It’s fair to say each of the three gentlemen should’ve known better, each of them should be thoroughly ashamed. He (Weir) will be subject to ridicule, and they’ll be shunned within racing and animal fraternities for a range of very proper reasons. It is a significant fall from grace.”
December 2022: Racing Victoria Stewards re-open an inquiry following evidence and video of Weir, Jarrod, McLean and Kermond using a jigger on three horses (Red Cardinal, Tosen Basil, Yogi) on October 30, 2018.
January 25, 2023: Weir admits to stewards the use as per that video evidence.
February 6, 2023: Weir’s four-year disqualification for possession of jiggers expires.
March 2023: Weir commences a pre-training and agistment business at his Trevenson Park property
Pre-training does not require to be licensed but always acknowledged by the tribunal as approved and always lawful by RV. Indeed, RV Stewards attended Treveson Park, sometimes on agreement, sometimes unannounced, to conduct out of competition on horses in his care, despite being unlicensed. It is understood RV Stewards were also kept update with a list of horses and their trainers in pre-training at Trevenson and dates of transfer in and out.
There was little chance Weir could have successfully applied for a trainer’s licence, though his four-year- disqualification was served, knowing ongoing stewards and police matters, corrupt conduct charges in fact, were in play. All at Racing Victoria’s delay as identified by the VRT
August 15, 2023: Weir again interviewed by stewards, full admissions remained as part of the on-going RV Steward’s investigation that took evidence from up to 80 former employees and licensed persons.
September 7, 2023: Victoria Police issues an exclusion order seeking to ban Weir from all racecourses and venues.
September 14, 2023: Stewards lay a further 10 charges against Weir, McLean and Kermond.
The charges relate to corruption, dishonesty and misleading behaviour, as well as the care and welfare of horses.
Stewards found McLean and Kermond aided and abetted Weir and assisted in the handling of the horses.
McLean "struck each of the horses with a poly pipe numerous time”, while Kermond handled the lead ropes and blinkers.
Based on vision aired in court, the horses were led onto a treadmill and exercised with and without blinkers as Weir, flanked by Kermond and McLean, allegedly used a jigger repeatedly on their flanks, hindquarters and backs.
Stewards conducted a "comprehensive investigation" the past nine months, with multiple interviews and analysis of "a substantial volume of materials".
March 18, 2024: Victorian Racing Tribunal Hearing commences. Weir pleads guilty to animal cruelty charges, not guilty to corruption and dishonest behaviour. Video from the October 30, 2018 surveillance and used in the Warrnambool Magistrates Court is played.
The tribunal heard from a transcript of an interview Weir gave stewards on his mindset and "theory" behind using the jigger.
"Well, it was a plan that I'd come up with to try and get the horses to run – to be fitter, which would make them hopefully run better," Weir told stewards
"I wasn't comfortable doing it and the outcome certainly didn't help, so that was the end of that."
March 22, 2024: Victorian Police drop an exclusion order application.
April 24, 2024: Corrupt Conduct charges dismissed.
In handing down his decision, Bowman touched on the evidence given by equine scientist Dr Andrew McLean (for RV) 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.
"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."
July 5, 2024: a mandatory two-year disqualification imposed by VRT for “use” of jigger, who then outline a further timetable for submissions onto when penalty will commence, declaring a final ruling to be delivered “on or before August 16.” (Stewards had sought an additional 10-year ban).
Judge Bowman: “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.”
“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.
A raft of “impressive” listed character references was tendered – “In our collective years performing this work we have never seen such a powerful collection,” Bowman said, but added.
“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.
Sept 2, 2024: Victorian Racing Tribunal confirms the new 2-year disqualification – to commence September 9
Noting the previous penalty ended February 7, 2023, Judge Bowman said: “It being a period of disqualification, he was prohibited prepare racing or training horses or receiving any direct or indirect financial benefit from thoroughbred racing or breeding.
"He could not attend meetings, disqualification and warning off being the most severe penalty that can be imposed.
"It has permitted him to carry very considerable Pre-training and spelling operation at his property and employ substantial number of persons to do so.
"In other words, he has not applied for a trainer’s licence but has able to carry on a large enterprise relating to thoroughbred horses.
"This has been with the knowledge of the stewards, and it is not suggested in any way a breach of the rules.
"By the same token, the period from the end of disqualification February 7, 2023, to today cannot be seen as a period of penalty."
Sept 3, 2024: Victorian Racing Tribunal to rule on start dates of a 9-month disqualification for McLean and 3 months for Kermond (both penalties discounted by 50% an original from today’s ruling?
Observation: Much of the Weir case has focussed on the length of it. Not how long ago it started. But where it is now and where, why and how long it took to get here.
That’s some 2043 days, noting the first hefty disqualification, since long served, was metered out in less than a week.
Weir pleaded guilty and admitted to stewards such at the earliest possibility to possessing jiggers.
He agreed to an immediate four-year disqualification, a world-wide racing ban that has robbed him professionally, former horses trained by him won over $130m in prizemoney in that period, but more so physically and mentally, something that he is still loathe to open up about.
He again admitted to stewards following his civil court case to use of the jigger, and as per the timeline above, it took another eight months for charges to be laid, six months for them to be a heard, more than two months for a finding and another two months to get to today.
And some sort of “clarity” if you call it such.
All delays have been caused by Racing Victoria steward’s ongoing investigations and the Tribunal in then hearing and ruling on the matters.
Given that finding that the latest two-year ban starts next Monday, Weir’s penalty for an acknowledged massive mistake in the use of a jigger on the three horses, he now not only will serve a seven-and-a-half-year ban from being a licensed person but faces an uphill battle thereafter in 2026 to be successful in regaining a licence again, if he choose to apply.
Track rider Damien Bradbury was given an 18-month suspension for jigger possession at Mornington in 2015, to which he pleaded guilty.
The most notable recent case was Paul Pruesker, who was given four years, on charges of possession and party to use. He was found to be an untruthful witness and shown no remorse.
The most recent case was at Birdsville where trainer Todd Austin received three years and one year (not concurrent), for act of cruelty and false evidence, jockey Ric McMahon, three years, six months for use and misleading stewards
To draw a much longer bow, Mel Schumacher was given life for his famous 1961 AJC Derby leg-pull -reduced to 10 years on appeal and then five-and-a-half years after that. (And that only followed a groundswell of support for The Shoe after jockeys Des Lake and George Moore were involved in a leg-pull lookalike in 1965 and fined $100. The Shoe’s ban was then seen as an over-reaction, and he was back.
The Racing Tribunal identified unacceptable steward's delays in charges and process, the Tribunal itself ran overtime on identified timelines, extra legal submissions called for, all at a substantial financial (and mental) cost to the parties involved.
Whether Weir comes back will be a sterner test of his will, fortunes and ultimately more so perhaps officialdom and public commentary.
He is currently working through two weeks’ notice to his 35 plus staff and quickly organising transfer of horses from Trevenson Park to other suitable pre-training options.
There is nothing to excuse Weir’s behaviour or use of the jigger on those horses. "Abhorrent" is the word that came up often over the many inquiries and it’s impossible to argue that it is not a fitting one.
Yet Weir knows that more and much more than we. He deserved a hefty price, but now seems to be paying far much more.
Commentaires