Disqualified Victorian racehorse trainer Darren Weir, his former assistant trainer Jarrod Mclean and stable hand Tyson Kermond have been sentenced for animal abuse charges.
Key points:
The court was shown CCTV of Weir and the co-accused using a banned device on racehorses
Weir also pleaded guilty to possession of a firearm, but that was charge was dismissed
In sentencing the judge told the court the offending was "isolated"
Weir, McLean and Kermond faced Warrnambool Magistrates' Court on Wednesday afternoon.
Lawyers for each of the three men entered guilty pleas for three counts of animal cruelty (abuse) on behalf of their clients.
Police alleged the men struck three racehorses – Red Cardinal, Yogi and Tosen Basil – with a small, taser-like device known as a jigger.
The use or possession of jiggers is banned in horse racing.
Fifteen minutes' worth of CCTV from October 30, 2018 that was played in court showed Weir and his co-accused using a jigger on all three horses as they moved on a treadmill at Weir's Warrnambool stables.
The court heard animal behaviour expert Dr Andrew McLean had viewed the footage and said the training was intended to likely have a detrimental impact on the horses' welfare and could lead to behavioural disorders, including aggression.
In sentencing, Magistrate Franz Johann Holzer fined Weir and Jarrod McLean $36,000 each for the three counts of animal abuse.
Kermond avoided the fine but must donate $10,000 to the RSPCA, which he must pay by June 30, 2023.
All avoided a conviction.
Magistrate Holzer said in the four years since the "isolated" offending, all three men had sustained embarrassment and damage to their reputations.
"People talk, and have talked," Magistrate Holzer said.
"That's a punishment each of these men will carry with them for the rest of their lives."
Magistrate Holzer said there were "no ill-effects or health [impacts] to the three horses concerned … other than short-term pain".
Prior to sentencing prosecutor Melissa Mehady argued the animal abuse was mid-level and that the application of the jigger caused pain and fear.
She argued that a corrections order with a conviction was appropriate, but lawyers for Weir and McLean argued they should receive a fine with no conviction.
During his submissions, Kermond's lawyer argued his client's role was subordinate to the other two men, and that he should receive a lesser penalty due to lower moral culpability.
Firearm, drug charges dismissed
Weir’s lawyer argued his client had an impeccable reputation and that his offending was out of character.
"These horses weren't training at an optimal level and [Weir] thought it might help," Ian Hill QC said.
"He's not a person who is cruel by nature.
"He made a mistake … and he's paid a heavy price."
Red Cardinal, finished last in the 2018 Melbourne Cup while another, Yogi, won that year's Sandown Cup.
Weir, 52, also admitted to charge of possessing a firearm and Jarrod McLean pleaded guilty to possessing a drug of dependence.
The drug charge related to cocaine found in 2019 during police raids of several properties owned by Weir.
During sentencing, Magistrate Holzer dismissed both the firearm and drug charges.
In October this year conspiracy charges brought against Weir and McLean in relation to alleged conduct at the 2018 Spring Racing Carnival were dropped.
Weir and Mclean pleaded not guilty to the charges in 2020 and were due to stand trial in the Melbourne County Court last month.
Racing ban due to end
In 2019 Racing Victoria charged Weir over the possession of three illegal electric shock devices.
He chose not to contest the charges and was banned from the sport for four years.
The suspension is due to end on February 6, 2023.
Weir famously trained the 100-1 outsider Prince of Penzance to victory in the 2015 Melbourne Cup.
The court heard Weir would like to eventually return to racing.
In a statement to the ABC, Racing Victoria (RV) said, "If and when an application is made by a disqualified person seeking to be relicensed, it will be subjected to RV's normal licensing procedures."
A spokesperson said the application would be "considered by RV's licensing panel and the board in accordance with its usual processes."
Editor's Note 15/12/2022: This article has been amended after incorrectly stating that Judge Bowman presided over the sentencing instead of Magistrate Franz Holzer.