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Several people have given evidence at today's hearing.
Witness one: Dr Andrew Neil McLean
Melbourne Cup winning horse trainer Darren Weir's lawyers have cross-examined the first prosecution witness during an online contested committal hearing.
Weir, his fellow trainer Jarrod McLean and stable hand Tyson Kermond are contesting allegations they tortured horses and engaged in corrupt betting.
Defence barrister Ian Hill QC questioned horse behaviour expert and horse trainer Dr Andrew Neil McLean about his expert witness statement on the case on Tuesday morning.
Dr McLean said he was asked by police to view videos of what police alleged was an electric shocking device being used on horses on a treadmill.
In response to defence questions about the 'classical conditioning' of horses, Dr McLean said horses can learn behaviours through many repetitions, except the use of fear did not require repetition and would be remembered after one event.
Dr McLean agreed with Mr Hill's questioning that he did not see any evidence in the videos that the horses feared going onto the treadmill or walking off and hence did not associate the treadmill with pain.
Dr McLean said he observed the use of a hand held prodder that he believed to be an electrical device, but could not be 100 per cent sure an electrical current was applied to the horses.
He agreed with defence questioning the horses did not react with signs of pain or fear when the prodder was used, but said the horses were already moving on the treadmill, so the only reaction they could have at the time was to keep moving.
Dr McLean said he made the assumption that if an electrical shock was applied to the horses, it was possibly the first time, as if it was used previously he would expect to see some fear in the horse entering the treadmill.
Mr Hill said Dr McLean's assumption was educated guesswork because he could not be sure the device used imposed an electric shock and Dr McLean agreed.
Mr Hill repeatedly reiterated that Dr McLean did not see any signs of fear or pain in the horses in the video.
"My job was restricted to the video footage. It would be unusual for someone to hold an electrical device but not use it," Dr McLean said.
Dr McLean said he believed the treadmill was being used for conditioning and he saw other cues including blinkers, tapping with a poly pipe to replicate a whip and possibly a whistle being used in the video.
Weir's stable hand William Hernan is not involved in the contested committal hearing.
His defence lawyer Tony Hannebery indicated he would ask the magistrate for an adjournment to make a summary jurisdiction application, which is a hearing to decide whether the charges can be heard in the magistrates' court.
The contested committal hearing continues with Weir's defence team questioning the second witness, Racing Victoria chairman of stewards Robert Cram.
Witness two: Racing Victoria chairman of stewards Robert Cram
Weir's defence team have begun cross-examining the prosecution's second witness, Racing Victoria chairman of stewards Robert Cram.
Mr Cram has been a racing steward since 1984 and in the chairman role since September 2018, overseeing the team of stewards that implement the rules of racing.
He first viewed the footage of what police allege is electric current devices known as 'jiggers' being used on horses in May 2019.
In response to defence questioning, he said he later re-watched footage of horses Yogi and Red Cardinal competing in races throughout 2018.
Weir's defence barrister Mr Hill asked Mr Cram if he saw anything unusual in those races, including the Lexus Stakes, Sandown Cup and Melbourne Cup, and Mr Cram said he did not.
Mr Hill questioned whether the horses in the footage used in the police case were well behaved and calm when they walked on the treadmill, were exercising and when they walked off the treadmill and Mr Cram said he agreed they were.
When questioned about his statement, Mr Cram said he was 'highly confident' the person in the video was holding a device used to give an electric shock, known as a jigger.
"You can't say an electric shock was administered?," Mr Hill asked.
"You can't see the electricity running, no," Mr Cram responded.
But I believe it (the jigger) was being used on them.
When asked if he saw the horses in pain or fear Mr Cram said he did not see the horses react.
Stable hand Tyson Kermond's defence barrister Michael Allen questioned Mr Cram about the role of a stable employee as seen by Racing Victoria.
Mr Cram confirmed stable hands do not receive a share in race prize money and are not normally responsible for applying for the use of blinkers on a horse.
Trainer Jarrod McLean's defence barrister Jason Gullaci is now cross-examining Senior Constable Matthew Don who made a statement in May 2019 when he was working with the sporting integrity unit.
Witness three: Senior Constable Matthew Don from Victoria Police
Trainer Jarrod McLean's defence barrister Jason Gullaci cross-examined Senior Constable Matthew Don, who investigated the case while he was working in the sporting integrity unit.
Senior Constable Don was involved in search warrants at Weir's stables in Ballarat and Warrnambool in January 2019.
Mr Gullaci questioned Senior Constable Don about his notes taken during a conversation he had with the informant on October 11, 2018 that referenced the use of cameras in the investigation.
Mr Gullaci said the defence had been told cameras were in place at the stables from October 23, but he wanted to know if they were in place prior to that date.
He said this was relevant to the defence given the only relevant footage provided by the prosecution related to the alleged jigging of horses at the stable on October 30, 2018.
The hearing was adjourned until tomorrow morning when cross-examination of Senior Constable Don will continue and Weir's defence team will question the informant.
The charges
Trainer Darren Kenneth Weir, 50, is facing a total of 11 charges.
These include:
- Conspiring with McLean and Kermond to 'cheat and defraud the stewards of Racing Victoria' that rules of racing had been complied with
- Using a conducted energy device, known as a jigger on horses Yogi, Red Cardinal and Tosen Basil while running on a treadmill wearing blinkers in Warrnambool on October 30, 2018
- Using a controlled weapon without lawful excuse on October 30, 2018 in Warrnambool
- Possessing an unregistered longarm at Warrnambool on October 30, 2018 and at Miners Rest on January 30, 2019
- Conspiring with McLean and Kermond to 'cheat and defraud people with a financial interest in the result of the Lexus Stakes, Sandown Cup and Melbourne Cup in 2018 by training the horses contrary to the rules of Racing Victoria
Trainer Jarrod Alexander McLean, 39, is facing a total of 17 charges.
These include:
- Conspiring with Weir and Kermond to 'cheat and defraud the stewards of Racing Victoria' that rules of racing had been complied with
- Using a conducted energy device, known as a jigger on horses Yogi, Red Cardinal and Tosen Basil while running on a treadmill wearing blinkers in Warrnambool on October 30, 2018
- Corrupting a betting outcome in October and November 2018 by engaging in 'illicit covert training regime' with Yogi and Red Cardinal with the intention of obtaining financial advantage by betting on the horse
- Telling William Hernan and another man about the corrupt training regime with the horses knowing he would or would be likely to be bet on it
- Using his knowledge of the 'illicit covert training regime' to betting on the horses himself to potentially win thousands of dollars
- Possessing cocaine on January 2019
- Conspiring with Weir and Kermond to 'cheat and defraud people with a financial interest in the result of the Lexus Stakes, Sandown Cup and Melbourne Cup in 2018 by training the horses contrary to the rules of Racing Victoria
Stable hand Tyson Lee Kermond, 32, is facing a total of eight charges.
These include:
- Conspiring with McLean and Weir to 'cheat and defraud the stewards of Racing Victoria' that rules of racing had been complied with
- Using a conducted energy device, known as a jigger on horses Yogi, Red Cardinal and Tosen Basil while running on a treadmill wearing blinkers in Warrnambool on October 30, 2018
- Conspiring with McLean and Weir to 'cheat and defraud people with a financial interest in the result of the Lexus Stakes, Sandown Cup and Melbourne Cup in 2018 by training the horses contrary to the rules of Racing Victoria
Earlier
Melbourne Cup winning horse trainer Darren Weir and his co-accused are facing court for a contested committal hearing against allegations they tortured horses and engaged in corrupt betting.
Weir, his fellow trainer Jarrod McLean and stable hand Tyson Kermond are appearing on the Online Magistrates' Court on Tuesday for the hearing.
The men face dozens of charges ranging from corrupt betting to conspiring to deceive stewards and animal torture involving 2018 Cup runner Red Cardinal, as well as Cup hopefuls Yogi and Tosen Basil.
Weir and McLean are accused of conspiring "to cheat and defraud the stewards of Racing Victoria".
Evidence against the group will be tested throughout the two-day committal hearing and Magistrate Ron Saines will determine whether it should go to trial in the County Court.
Weir's barrister Ian Hill QC questioned the first prosecution witness Dr Andrew Neil McLean, an expert in animal behaviour and horse trainer.
Other news
Dr McLean said he was asked by police to view videos of what police alleged was an electric shocking device being used on horses on a treadmill.
In response to defence questions about the 'classical conditioning' of horses, Dr McLean said horses can learn behaviours through many repetitions, except the use of fear did not require repetition and would be remembered after one event.
Weir's stable hand William Hernan is not involved in the contested committal hearing.
His defence lawyer Tony Hannebery indicated he would ask the magistrate for an adjournment to make a summary jurisdiction application, which is a hearing to decide whether the charges can be heard in the magistrates' court.
More to come.
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