Not guilty: Jury delivers verdict in Danny O’Brien Racing death trial

A jury has delivered a not guilty verdict in the trial of renowned horse training company, Danny O’Brien Racing, after the death of a stable worker in 2020.

Danny O'Brien leaving court. Picture: Satria Dyer-Darmawan

Melbourne Cup-winning trainer Danny O’Brien’s company has been found not guilty in a trial over the death of a stable worker at Connewarre.

Jockey Takamasa Takeda was killed in a car accident on Thirteenth Beach Rd in the early hours of the morning on March 9, 2020. The court heard the Japanese national was crossing the road on a horse when he was hit by a vehicle and died as a result of significant head injuries.

Danny O’Brien Racing was charged with failing to provide and maintain a safe working environment.

O’Brien spoke of his relief after a jury took four days to deliver the verdict in the three-week trial.

“It’s been a long road. I, like all in the stable, was devastated by Taka’s death,” O’Brien said.

“Being charged was beyond my control, but I have always maintained that our systems of work were completely safe.

“I can only express my relief and thanks for the verdict, this of course does nothing to bring Taka back or repair the hole in his parents’ hearts.”

During the trial, Prosecutor Megan Tittensor KC told the jury to consider the “very narrow” question posed by the charge brought against O’Brien’s company – a question of risk.

“This is not a trial about anyone being held responsible for the death of Mr Takeda,” Ms Tittensor told the jury.

“The prosecution does not need to prove that anyone was or was not responsible.”

Ms Tittensor argued O’Brien Racing would be “just as guilty” even if no one had been killed, as it had a duty to ensure the health and safety of its employees.

The lawyer defending O’Brien’s company accused the prosecution of “clutching at straws” and being in “fantasyland”.

Danny O'Brien leaving court. Picture: Satria Dyer-Darmawan

Last Thursday, the jury heard the prosecution’s closing arguments, and last Friday barrister Damian Sheales offered his own address.

Mr Sheales told the jury the prosecution’s case was flawed, with elements “overblown to kingdom come”.

The driver, who was not charged with any offence, was found to have cannabis in her system at the time of the crash, Mr Sheales told the court.

Mr Sheales said the driver had been “exonerated before she even spoke” which was “beyond belief”.

“How could you not subpoena the driver? This driving was culpable, dangerous and reckless to the extreme. It’s absurd,” he said.

Mr Sheales told the court O’Brien Racing had made the crossing on that road “tens, hundreds or thousands” of times, but argued the “different actor in this case, was the driver”.

Originally published as Not guilty: Jury delivers verdict in Danny O’Brien Racing death trial