Queensland Racing Integrity Commission lawyer says video ‘crystal clear’ on animal cruelty allegation against Chris Wearne

A lawyer acting for the Queensland Racing Integrity Commission has today argued a trackwork rider’s 16-month ban for striking a horse with a lead rope and a wooden twitch should stand.

  

A lawyer acting for the Queensland Racing Integrity Commission says the video footage is “crystal clear” showing Rockhampton trackwork rider Chris Wearne striking a horse with a lead rope and a wooden twitch seven times.

Wearne has pleaded guilty to a charge under section AR 231 of the Australian Rules of Racing which prohibits a person from committing an act of cruelty to a horse but he is appealing the stewards’ decision to ban him for 16 months.

Scott McLeod KC, representing QRIC, argued that the 16-month disqualification from the alleged incident, which occurred in September 2021 when Wearne was working for trainer Paul Butterworth, should stand.

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Stewards allege that while trying to groom Menari Magic, the mare bit Wearne on the arm before rearing up, striking Wearne on the forearm.

Wearne is accused of then striking Menari Magic with a lead rope five times and twice with a wooden twitch in the head region.

The video footage of the alleged incident was recently sent anonymously to QRIC by a member of the public.

“The video speaks for itself, it is crystal clear,” McLeod said.

“After one of the stewards outlined some matters with him, Mr Wearne said ‘I’m comfortable to keep going now, I may as well’.

“He says ‘there’s not much else to say, it’s all there on the video, what’s done is done’.

“There’s no misapprehension, there was no unfairness in relation to the inquiry process and ultimately the nature of the charge that he pleaded guilty to.

“He was fully cognisant in my submission when you go through the transcript. Stewards couldn’t have been fairer with respect to giving him the opportunity to give his explanation for what occurred as depicted on the video.”

Barrister Katherine McGree, acting for Wearne, argued that her client “was not informed of the true nature of the charge against him”.

“It is only after entering his guilty plea that Mr Wearne was told that the starting penalty for cruelty to a horse was disqualification for two years,” said McGree, who argued Wearne’s guilty plea should be set aside.

“His plea of guilty simply cannot be understood to be an admission of all the elements of the charge because he was never probably informed of those elements.”

McGree said there was no evidence of injury to the late mare Menari Magic, who last raced in Rockhampton in July, an argument McLeod later described as a “red herring”.

“One can still be cruel to an animal without a physical injury appearing as a result of the act of cruelty,” McLeod said.

“I’d invite the panel in due course to revisit the footage to appreciate the conduct here in question and in particular the way the horse reacted when being struck by Mr Wearne.”

McGree said her client was “frustrated” at the time after struggling to control the horse.

“His strikes were intentional, that arises from his answer to the question that he meant every bit of it, to which he agreed, but he also said ‘it could have been worse’,” McGree said.

“It is not open to infer that Mr Wearne intended to inflict serious injury or pain on the horse where his objective was to ready the horse to his employer’s satisfaction for an imminent race.

“In short, the commission has failed to establish that the conduct reaches the threshold of cruelty.

“The particulars are insufficient, the evidence does not come up to proof. The charge ought to be dismissed.”

The panel of Dianne Condon, Megan Brooks and Damien MacGinley adjourned to consider their decision on the penalty, which will be made before May 7.

Originally published as Queensland Racing Integrity Commission lawyer says video ‘crystal clear’ on animal cruelty allegation against Chris Wearne