‘Incredibly disappointed’: Lawyer flags possible appeal for trackwork jockey banned for 18 months on animal cruelty charge

A lawyer for a Rockhampton trackwork rider who had his ban increased for striking a horse says his client will “consider his options”.

A trackwork rider had his ban for striking a horse increased at an appeals hearing.

A lawyer for a Rockhampton trackwork rider who had his ban increased at an appeals hearing for striking a horse with a lead rope and a wooden twitch seven times said his client would “consider his options”.

The Queensland Racing Appeals Panel (QRAP) ruled on Wednesday that Chris Wearne be disqualified from holding a licence for 18 months after he was originally banned for 16 months before he appealed the decision.

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“Chris is incredibly disappointed by the decision,” lawyer Gabe Hutchinson said on Wednesday.

“He’s considering his options in relation to an appeal.”

There is a right of appeal to the Queensland Civil and Administrative Tribunal for decisions involving disqualifications of more than three months.

Wearne had 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.

Stewards alleged that while trying to groom Menari Magic, the filly bit Wearne on the arm before rearing up, striking the trackwork jockey 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 summary of Wednesday’s decision from QRAP members Dianne Condon, Megan Brooks and Damien MacGinley reveal the verbal and physical abuse that Wearne inflicted on filly Menari Magic in September 2021 when he worked for trainer Paul Butterworth.

In one video taken from Butterworth’s Hendra stable in Brisbane, Wearne yelled at the horse “guess what, round two c--t” and “get up you f---ing rat”.

Lawyer Gabe Hutchinson says his client Chris Wearne will consider appealing a decision to ban the trackwork jockey for 18 months.

In another video sent anonymously to the Queensland Racing Integrity Commission, while striking the horse Wearne can be heard saying: “you should know f---ing better (pointing at Menari Magic), “you think that hurt? What about this c--t,”, “get up” and “f---ing loosen you right up, you f---king pig”.

The QRAP summary revealed that Wearne told stewards during their investigation: “I wasn’t mucking around, but it could have been worse.”

Senior steward Shane Larkins then asked Wearne: “It appears to me … that there’s a lot of body weight in the swings, with both the lead rope and the twitch?”

Wearne: “Yes there was.”

Larkins: “You meant every bit of it …”

Wearne: “I did at the time, yeah.”

Hutchinson said his client’s case was “worlds apart” from that of Rockhampton trainer Tom Smith, who struck then-yearling Better Storm on the rump with a plastic pipe, punched his jaw with a closed fist and used excessive force on the horse with a stallion chain at an equine pool in July last year.

Last month Smith had a six-month ban wholly suspended for 12 months on the condition there were no similar breaches in that period, allowing him to continue training.

“The outcomes between Tom Smith and my client, they’re just worlds apart,” Hutchinson said.

“It’s difficult to reconcile why one licensee gets certain treatment and the other is very different.”

Originally published as ‘Incredibly disappointed’: Lawyer flags possible appeal for trackwork jockey banned for 18 months on animal cruelty charge