Champion horse trainer Darren Weir has been cleared of allegations that he used an electronic shock device known as a jigger on racehorses with the intention of corrupting the outcome of the 2018 Melbourne Cup.
The Victorian Racing Tribunal handed down its verdict in the high-profile case this morning, which also involved charges against Weir's former assistant trainer Jarrod McLean and stablehand Tyson Kermond alleging they helped Weir breach the rules.
Weir previously admitted to using the jigger, a practice that is banned in horse racing, but disputed allegations he intended to corrupt the outcome of races including the Cup and Lexus Stakes.
Judge John Bowman this morning ruled Racing Victoria stewards' evidence fell "well short" of the allegation.
Use of jigger admitted
Weir, McLean, and Kermond each faced 10 charges involving the use of a jigger on three racehorses — Red Cardinal, Tosen Basil, and Yogi — at Weir's Warrnambool stables on October 30, 2018.
A video was played to the tribunal during a multi-day hearing in March showing each horse being led onto a treadmill, and the speed gradually increased.
In the footage, blinkers were put over their eyes and the horses were hit with a plastic tube before Weir shocked them with the jigger.
The jigger was used on Red Cardinal seven times and Tosen Basil and Yogi nine times.
The prosecution alleged Kermond and McLean "kept watch so no-one else saw".
It was alleged the process was intended to condition the horses to associate the use of plastic pipe and blinkers with the use of the jigger.
Red Cardinal and Tosen Basil had been accepted to race in the Melbourne Cup one week later, while Yogi was nominated to race in the Lexus Stakes on November 3, a qualifying race for the Cup.
Judge Bowman said Weir was one of Australia's leading horse trainers at the time with principal stables at Ballarat and large subsidiary stables in Warrnambool.
The tribunal heard Red Cardinal ended up running last in the field in the 2018 Melbourne Cup, Tosen Basil did not run in the prestigious race and was retired due to injury, and Yogi did not qualify for the Cup, running seventh in the Lexus Stakes.
Judge Bowman said Racing Victoria stewards' case was based upon Weir's intention to corrupt the outcome of a race, regardless of whether such an outcome occurred.
In handing down the verdict, Judge Bowman said tribunal members agreed that whatever the intent of the trainer, the conduct must have had a likely capacity to affect a race outcome.
Expert witness weak
Racing Victoria stewards relied on equine specialist Andrew McLean as their sole expert in the hearing, who said the jigger treatment had the potential to affect the outcome of the races.
Judge Bowman said the tribunal members were "not particularly impressed" with Dr McLean's evidence.
"While he may be qualified in various aspects of animal welfare, his experience of racehorses is limited," he said.
"He admitted to having little direct contact or particular understanding of the operations of the industry."
Judge Bowman referred to Dr McLean's comments during the hearing, that: "There is a good chance electric shock could work and make the horses go faster, but there is also a chance it may not work."
"In our opinion … there is a high level of uncertainty as to whether the treatment of horses by Weir and his colleagues had any affect on their performance," the judge said.
"In our opinion, the evidence presented by the stewards falls well short of establishing the burden of proof. We are not comfortably satisfied … conduct has been proven in relation to the alleged corruption charges."
Decision on penalties to come
The parties will meet next week to discuss penalties for the charges of breaching racing rules in relation to the use of the jigger.
It comes after previous penalties handed down in the Warrnambool Magistrates' Court in December 2022 for animal abuse charges.
Weir was previously banned as a horse trainer for four years after Racing Victoria's appeals and disciplinary board found him guilty of possessing three electric shock devices and one charge of conduct prejudicial to the image, interests, or welfare of racing.
That ban expired on February 6 last year.
Weir is currently not a licensed trainer, according to Racing Victoria.
The ABC understands Weir has been involved in pre-training horses, which does not require a Racing Victoria licence.
Pre-trainers are able to work with horses on private properties prior to racing but horses must be in the care of a licensed trainer for a minimum of 28 days prior to any race, according to Racing Victoria rules.