Detective senior constable Cliff Pickett, of the Sports Integrity Intelligence Unit, says Darren Weir became subject of interest in 2017
A detective senior constable in the Sports Integrity Intelligence Unit has told a Ballarat Court he saw horses being tortured at one of stables ran by Melbourne Cup-winning trainer Darren Weir.
Racing
Don't miss out on the headlines from Racing. Followed categories will be added to My News.
The defence lawyer for Darren Weir will call for conspiracy charges against the Melbourne Cup-winning trainer to be thrown out, describing them as misconceived and duplicitous during a committal hearing in the Ballarat Magistrates Court.
Weir and former employees Jarrod McLean and Tyson Kermond will fight indictable charges of conspiring to defraud Racing Victoria stewards by torturing horses in an “illicit training regime” at Warrnambool during the 2018 spring carnival.
Former jockey William Hernan faces betting charges, while Weir also faces weapons-related charges.
Ian Hill, QC, accused Victoria Police of withholding evidence against Weir after detective senior constable Cliff Pickett claimed he saw horses being tortured at Weir’s stable.
Pickett revealed more than 460 hours of footage had been obtained from Weir’s stables but agreed said there was no incriminating video either before or after October 30, 2018.
“Apart from one occasion (on October 30), when I saw them being tortured,” Pickett said.
The Crown case relies on covert police footage taken from three cameras at stables in Warrnambool and Ballarat from October 24 until mid-November, 2018.
Kayo is your ticket to the best sport streaming Live & On-Demand. New to Kayo? Get your 14-day free trial & start streaming instantly >
The footage, which remains unseen by media, allegedly shows Melbourne Cup runner Red Cardinal, Yogi and Tosen Basil being jabbed with an electronic device known as a jigger as they exercised on a treadmill.
Magistrate Saines was told by defence lawyers the police brief failed to mention hundreds of hours of other footage had been recorded at Weir’s Warrnambool and Ballarat stables in which nothing untoward had happened.
McLean’s lawyer Jason Gullaci accused police of ‘slicing and dicing’ phone-tap evidence, and relying on the ‘footy highlights’ to establish a case.
“You have tried to distort the conversation so it looks as incriminating as possible,” Gullaci told Pickett.
Pickett admitted he had omitted parts of some of the recorded conversations from the police brief, but disagreed that he’d taken any information out of context.
Under cross examination by Hill, Pickett acknowledged he hadn’t told two key prosecution witnesses - animal behavioural expert Dr Andrew McLean and chairman of stewards Robert Cram - that police had recorded hundreds of hours of other footage during their investigation.
He said showing all of the footage to expert witnesses ‘just wasn’t feasible and it wasn’t relevant’.
It was revealed police first started investigating Weir in 2017 – two years before his arrest in Ballarat last year.
Weir, now serving a four-year disqualification for possession of electronic devices capable of shocking horses, became a subject of interest three years ago.
Pickett, of the Sports Integrity Intelligence Unit, confirmed cameras had been planted in Weir’s Warrnambool and Ballarat stables during the 2018 spring carnival.
Pickett said the alleged conspiracy to defraud Racing Victoria stewards occurred from October 24.
Pickett said jockeys involved in the 2018 Melbourne Cup, in which Red Cardinal finished 23rd of 24 runners, “were not forthcoming” in terms of cooperation.
He revealed telephone intercepts of conversations between Weir, McLean and others led to police believing a conspiracy was allegedly taking place in October, 2018.
The court heard how Weir discovered the secret cameras in mid-November at his Ballarat stables.
Hill revealed Pickett had interviewed Weir for five hours on January 30, 2019 after the trainer’s arrest.
During the interview, Weir told Pickett “I train because I love horses” and rejected accusations he was driven by gambling.
“I do not train for the punt,” Weir said.
Police allege Weir, Kermond and McLean were involved in a regime to illegally condition horses on treadmills using jiggers, poly-pipe, blinkers and whistling.
Pickett said McLean and Kermond had not used a handheld two-pronged device known as a “hot-shot prodder.”
The matter will return to court in Ballarat on October
Doctor: Weir horses showed no pain despite alleged torture
A key prosecution witness has told the Ballarat Magistrates’ Court in a committal trial over animal cruelty allegations that he believed a “hot-shot prodder” was used on Darren Weir-trained horses during the 2018 Spring Carnival.
But Andrew McLean, an expert in animal behaviour, said he could not be sure electric shocks were transmitted from the two-pronged device.
Weir, who is serving a four-year disqualification for possession of electronic devices known as jiggers, is contesting 10 charges including allegations he administered shocks to Red Cardinal, Yogi and Tosen Basil on the eve of the 2018 Melbourne Cup carnival.
Former Weir employees Jarrod McLean and Tyson Kermond face 16 and seven charges respectively, relating to alleged conspiracy, animal cruelty and corrupt betting.
Dr McLean, who was cross-examined for Weir by Ian Hill, QC, said he had been shown covert police surveillance footage that included a handheld, two-pronged device being used to prod the horses as they exercised on treadmills.
“It looked very clearly to me like a hot-shot prodder,” Dr McLean said, before adding he could only assume a shock had been delivered.
“Unless I felt it (a shock) myself … no one can be sure.”
Dr McLean said he had not seen any sign the horses had suffered pain after the alleged shocks.
Racing Victoria chairman of stewards Robert Cram told Magistrate Ron Saines he was “highly confident” police videos revealed an electrical device had been used.
“I’m highly confident that’s what it was … it looked to me to be designed to give an electric shock,” Cram said. “I’m highly confident it was a Jack.”
Asked if he thought a shock had been administered, Cram said: “You can’t see electricity running.”
The footage was captured at Weir’s stables on October 30, four days before Yogi finished seventh in the Lexus Stakes and a week before Red Cardinal finished second last in the Melbourne Cup.
Cram said he had not noticed anything untoward during either races.
Dr McLean revealed the Weir horses had been fitted with blinkers before galloping at an estimated speed of “125 beats a minute.”
He said poly pipe was used on the horses and what he thought was whistling could be heard as a possible part of classic conditioning to teach horse’s associated actions.
But when Hill suggested “You saw no sign of those horses being in pain or discomfort”, Dr McLean said: “Agreed.”
Jason Gullaci, for Jarrod McLean, questioned senior constable Matthew Don over claims the Victorian Sports Integrity Unit had considered planting an undercover operative in the Weir stable.
Don said it did not happen.
Gullaci also probed Don over police notes on October 11, which suggested the cameras were not working.
The committal hearing continues on Wednesday.
THE STORY SO FAR:
Darren Weir criminal charges: Committal hearing for banned trainer to be heard remotely
Darren Weir associates win request to cross-examine police over allegations of horse cruelty
Banned trainer Darren Weir set to face animal cruelty and corruption allegations in court in June
Trainer Darren Weir’s online betting activity investigated by police
Darren Weir’s alleged cruelty charges point to failed plot
High-profile trainer Darren Weir in court on animal cruelty charges
Darren Weir facing additional penalties over animal cruelty charges