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Jarrod McLean - Trainer - Racehorse TALK

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Offline Arsenal

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O.P. « 2019-Feb-10, 01:03 PM »
Jarrod McLean who  has been charged with offences under the same Rules as Darren Weir who was outed for 4 years by the RAD Board ...... Weir had 3 jiggers McLean only one and he is contesting the charges with the RAD board yet to set a date for hearing of his appeal...it has been reported that McLean will argue the electronic device found on his property is a cattle prod used to manage his herd of cattle.
 The relevant rule is :-
AR 175(hh)(ii) Possession of an electric or electronic apparatus capable of affecting the performance of a horse

Looking at previous decisions IMO McLean would be at write your own ticket odds to defend the charge for possession ...some years ago the RAD board  gave a Horsham owner/trainer 3 years after stewards found an electrical device which in her case was a cattle prod.

Also  there’s a precedent where a bush trainer in Qld was disqualified for 5 years after stewards found two cattle prods on his property .. One device was black in colour and short and the other was grayish colour and long...one was defective and not in operating order.

The trainer denied they belonged to him claiming  that they belonged to the piggery down the road which is owned by the property owner but that wasn’t accepted by stewards who held possession had been established and gave him 5 years.

The trainer then took his case to the then Racing and Disciplinary Board

The trainer’s advocate Jim Murdoch QC submitted that the devices were too cumbersome for a jockey to use when galloping a horse. In its decision the tribunal accepted “that these devices could not actually be used during a race but possible to believe that they could be used in training. One clear use would be in barrier practice.”

“The Tribunal is of the view that on a correct interpretation of the Rule it is not necessary to prove actual use and that the offence is made out by a person having in his possession a device capable of affecting the performance of the horse when it does engage in a race or training gallop. The reference to the race or training gallop could be deleted without derogating from this Rule."

"The Tribunal is of the very firm view that the penalty handed down in this case is well beyond the realms of reasonable. Major penalties can be imposed for on-course activities which breach the Rules but not for finding a cattle prod in a country training establishment."

"The sentence imposed is clearly manifestly excessive."

The Appellant is a trainer of horses in a small western Queensland town. His business contributes to the commerce of the community in which he lives and contributes to the support of local establishments upon which members of the local community rely for jobs. To visit upon him a disqualification of five years is, in all of the circumstances, unreasonable in the extreme. In the opinion to the Tribunal, the penalty of five years is excessive and should be varied to a penalty of 12 months’ disqualification together with a fine of $1,000.00 on each charge with the disqualification periods to be concurrent."

Giddy Up :beer:


Offline Authorized

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« 2019-Feb-11, 12:45 PM Reply #1 »
"The Tribunal is of the very firm view that the penalty handed down in this case is well beyond the realms of reasonable. Major penalties can be imposed for on-course activities which breach the Rules but not for finding a cattle prod in a country training establishment."

"The sentence imposed is clearly manifestly excessive."

The Appellant is a trainer of horses in a small western Queensland town. His business contributes to the commerce of the community in which he lives and contributes to the support of local establishments upon which members of the local community rely for jobs. To visit upon him a disqualification of five years is, in all of the circumstances, unreasonable in the extreme. In the opinion to the Tribunal, the penalty of five years is excessive and should be varied to a penalty of 12 months’ disqualification together with a fine of $1,000.00 on each charge with the disqualification periods to be concurrent."


How long ago did this take place and how did that community cope for the 12 months ?



Offline Arsenal

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« 2019-Mar-18, 03:43 PM Reply #2 »
MCLEAN TO FIGHT IT OUT AGAINST RV
LEO SCHLINK
TRAINER Jarrod McLean will face Racing Victoria’s licensing panel today as he attempts to take over disgraced colleague Darren Weir’s Warrnambool stables.

McLean, under police investigation and already charged by RV stewards over the alleged possession of a jigger, has applied to move horses into Weir’s former 43-box complex.

While training in his own right, McLean previously served as Weir’s Warrnambool foreman.

RV integrity officials are believed to be considering changes to regulations to prevent trainers holding dual roles.

McLean will face four charges in May over the discovery of a jigger at Yangery in January. He has been allowed to continue training until a date is set for his appearance at the Racing Appeals and Disciplinary Board.

Weir was disqualified for four years by the RAD Board after the discovery of three jiggers at his former Ballarat stables during January 30 raids.

Victoria Police’s sporting integrity intelligence squad continues to investigate multiple lines of inquiry.

The squad recently returned to Warrnambool to conduct further searches, while also interviewing staff members.

ENDS

The wheels of justice move slowly it seems the alleged jigger charges and other matters from January won't be heard until some unspecified date in May

From my observations the RAD board doesn't appear to be overloaded Weir's case an example of little time time taken from the charges to the hearing..but McLean over 3 and into the 4th month for his hearing.

Giddy Up :beer:


Offline Authorized

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« 2019-Mar-19, 11:09 AM Reply #3 »
How did he go ?

I hope they laughed at him.


Offline Arsenal

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« 2019-Mar-22, 06:24 PM Reply #4 »
How did he go ?

I hope they laughed at him.

He'll find out on Tuesday according to a media report I saw.

Giddy Up :beer:

Offline Arsenal

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« 2019-Mar-27, 05:46 PM Reply #5 »
RV deny McLean's stable application
Andrew Eddy@fastisheddy   4:47pm
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Jarrod McLean's application to take over the Warrnambool stables of disqualified former trainer Darren Weir has been denied by the Racing Victoria Board.

RV announced on Wednesday that the directors had determined at the board meeting on Tuesday that McLean's application for the registration of additional stabling locations adjoining the Warrnambool Racecourse be denied in the interests and image of Victorian racing.

In a statement released on Wednesday, RV outlined its decision: "Acting in the interests and image of Victorian racing, the board determined that Mr McLean's application cannot be approved while serious charges laid by RV stewards are pending hearing and determination by the RAD Board and while the current Victoria Police investigation remains ongoing."

McLean was arrested at the same time as Weir last month and was charged with possession of an electronic apparatus and of bringing racing into disrepute.

No date has been set for his hearing but it is not expected to be heard by the Racing Appeals and Disciplinary Board until late May.

Giddy Up :beer:

Offline Peter Mair

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« 2019-Mar-27, 06:34 PM Reply #6 »

guilty until proven innocent

This is another illustration of guilty until proven innocent in the racing industry.

Appealing this decision would add to the legal costs of the presumed guilty by association.

Offline Arsenal

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« 2019-Mar-28, 12:50 PM Reply #7 »
guilty until proven innocent

This is another illustration of guilty until proven innocent in the racing industry.

Appealing this decision would add to the legal costs of the presumed guilty by association.

Very doubtful that this decision/refusal to entertain his application would be open to appeal ....... appeals lie against penalties imposed for alleged breaches of the Rules ...this is simply an applicant for tenancy being refused....possibly he could seek a judicial review but that would IMO be a shot in the dark.

Giddy Up :beer:

Offline Peter Mair

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« 2019-Mar-28, 04:59 PM Reply #8 »


Justice delayed

Industry administrators and bureaucratic procedures are often a substantial discretionary penalty.

If Racing Australia is not to be dismissed as an irrelevance, it should be promoting uniform codes of practice and standards to preclude  penalties imposed as a bureaucratic discretion.

Offline wily ole dog

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« 2019-Mar-28, 06:35 PM Reply #9 »
What a surprise. A fraud like Mair defending another one

Offline Arsenal

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« 2019-Jun-05, 05:33 PM Reply #10 »
June 17 hearing for Jarrod McLean
Andrew Eddy@fastisheddy   5:07pm
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The Racing Appeals and Disciplinary Board has set a date of June 17 for the beginning of a hearing into charges against trainer Jarrod McLean arising from police raids earlier this year.

A directions hearing was conducted at Racing Victoria offices on Wednesday where the RAD Board determined the date for McLean to face charges relating to the possession of jiggers and of conduct prejudicial to the image of racing arising from raids on his Yangery property, and that of banned trainer Darren Weir in late January.

Weir was subsequently found guilty of possessing the 'jiggers' and of conduct prejudicial to the image of racing and was disqualified for four years.

McLean, who was Weir's stable foreman, has claimed his innocence since the raids and that he would fight all charges against him.

McLean has been permitted to continue training in the meantime but had his application to take over the Warrnambool stables of Weir refused by RV.

Giddy Up :beer:

Offline Arsenal

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« 2019-Jun-16, 05:45 PM Reply #11 »
MCLEAN FACES HEARING OVER 'JIGGER' CHARGE
Sunday 16 June, 2019   

Trainer Jarrod McLean will front Victoria's RAD Board charged with possessing a jigger.

Victorian trainer Jarrod McLean is expected to fight racing charges for possessing a banned electric-shock device, found during the police raids that led to top trainer Darren Weir's disqualification.

McLean, who was Weir's assistant and ran his stable at Warrnambool, will front a Racing Appeals and Disciplinary Board hearing in Melbourne on Monday.

He has been charged with possessing an electrical apparatus - known as a jigger in the racing industry - capable of affecting the performance of a horse, and conduct prejudicial to racing.

McLean has been allowed to continue to train pending the RAD Board hearing, but Racing Victoria rejected his application to take over Weir's Warrnambool stables.

The two trainers were arrested and then released without charge by police after officers and stewards raided Weir's stables at Ballarat and Warrnambool in January.

A Melbourne Cup-winning trainer, Weir did not contest his racing charges and was banned for four years after three jiggers were found in the master bedroom of his home during the raid at his principal stables in Ballarat.

McLean was in charge of Weir's Warrnambool base while also training a team of his own horses which includes Group One winner Trap For Fools at his stables at Yangery, on the outskirts of Warrnambool.

Racing Victoria stewards charged McLean with being in possession of an electric device at a Yangery property on, or about, January 30.

The prejudicial conduct charge relates to possessing the device and failing to give an explanation to stewards.

Giddy Up :beer:

Offline Arsenal

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« 2019-Jun-17, 06:29 PM Reply #12 »
McLean inquiry adjourned
Andrew Eddy@fastisheddy   11:16am
Racing.com

The inquiry into two charges faced by trainer Jarrod McLean concerning the possession of a jigger was adjourned until September by the Racing Appeals and Disciplinary (RAD) Board on Monday morning.

McLean, who was the Warrnambool foreman for banned trainer Darren Weir, faces a charge of possession a jigger and another for conduct prejudicial to the image of racing following police raids in January which resulted in the arrests of Weir, McLean and another stable employee.

The inquiry was just minutes old on Monday when McLean’s legal representative Patrick Wheelahan applied for the hearing to be closed to the media.

During that time, another application was made for the inquiry to be adjourned and the RAD Board ruled that the parties would return on September 3 for a directions hearing into the matter.

ENDS

We'll know if it will be heard in camera which would be a departure from usual practice once the directions hearing comes on ....on what grounds could such an application be made or likely to succeed  :o


Giddy Up :beer:

Offline Arsenal

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« 2019-Sep-02, 09:26 PM Reply #13 »
Movement in RAD Board's McLean inquiry
Racing Article Racing.com Staff@Racing   5:18pm
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The Racing Appeals and Disciplinary Board has set down September 23 for the resumption of the hearing into charges against trainer Jarrod McLean arising from police raids earlier this year.

The matter is listed for administrative mention with the RAD Board, three months after the inquiry into the charges against McLean, which relate to possessing an illegal jigger and conduct prejudicial to the image of racing, was adjourned.

McLean was charged earlier this year alongside trainer Darren Weir, who was subsequently found guilty and was disqualified for four years.

McLean, who was Weir's stable foreman, has claimed his innocence since the raids and that he would fight all charges against him.

He has been permitted to continue training in the meantime but had his application to take over the Warrnambool stables of Weir refused by RV.

Giddy Up :beer:

Offline gunbower

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« 2019-Sep-02, 09:39 PM Reply #14 »
The thing that really amazes me about this and the Weir saga, is that where are the charges against the riders who actually used these Jiggers  ? Surely Weir didn't have them on remote from his ensuite ! Who used them ?  ; and why the lack of any follow up action. Are the perpetrators still riding and are they still licensed ?

Offline Peter Mair

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« 2019-Sep-03, 07:51 PM Reply #15 »


.......... THE BUCK STOPS WHERE THE BUCK STOPS............ IN THIS MATTER ........ HERE WITH WEIR

Offline Arsenal

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« 2019-Sep-03, 09:46 PM Reply #16 »
The thing that really amazes me about this and the Weir saga, is that where are the charges against the riders who actually used these Jiggers  ? Surely Weir didn't have them on remote from his ensuite ! Who used them ?  ; and why the lack of any follow up action. Are the perpetrators still riding and are they still licensed ?

That's a question that could be directed to the Racing Integrity Commissioner Mr Sal Perna it might prompt some activity but then again he shouldn't have to be alerted to the issue possibly he's on to it then again he may not be ...go ahead and ask the question gunbower. :thumbsup:

Giddy Up :beer:

Offline Gintara

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« 2019-Sep-03, 10:23 PM Reply #17 »
The thing that really amazes me about this and the Weir saga, is that where are the charges against the riders who actually used these Jiggers  ? Surely Weir didn't have them on remote from his ensuite ! Who used them ?  ; and why the lack of any follow up action. Are the perpetrators still riding and are they still licensed ?

Riders? What riders? Forget what you think, you need to be able to prove it. Maybe they have nothing? Otherwise surely it doesn't take the better part of 9 months to come up with something.

At this rate Weir will be eligible to come back before they get it sorted.  :shrug:


Offline sobig

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« 2019-Sep-03, 10:28 PM Reply #18 »
Wasn't Weir suspended for possession of jiggers. If they could have proved use the charge would have reflected that and then you could criticize if no riders were charged.

Offline Arsenal

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« 2019-Sep-04, 09:51 AM Reply #19 »
Wasn't Weir suspended for possession of jiggers. If they could have proved use the charge would have reflected that and then you could criticize if no riders were charged.
Almost right he was disqualified for possession for four years by the RAD Board after the discovery of three jiggers at his former Ballarat stables during January 30 raids.

It was previously reported that Victoria Police’s sporting integrity intelligence squad continues to investigate multiple lines of inquiry.

In March the squad  returned to Warrnambool to conduct further searches, while also interviewing staff members.

Hardly likely he's a collector of artifacts and the investigation remains in the hands of the Police......Sal Perna may or may not have been kept in the loop ..if gunbower asks the question he may find out ..then again Sal might be constrained by the ongoing Police investigation and his lips will be sealed. :shutup:

Giddy Up :beer:



Offline Peter Mair

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« 2019-Sep-04, 08:56 PM Reply #20 »


........itis along,long time since we have heard from Sal Perna...........and even longer something useful!

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« 2019-Sep-23, 05:16 PM Reply #21 »
McLean in Supreme Court challenge
 
Racing.com Staff@Racing
2:54pm

Jarrod McLean’s fight to retain his trainer’s licence reaches the Supreme Court on Wednesday after an agreement was reached between the trainer and Racing Victoria to hold over an administrative mention on Monday.

McLean’s legal team was due to front the Racing Appeals and Disciplinary Board on Monday as part of a step in the process towards McLean facing charges over the possession of jiggers and for conduct prejudicial to the image of racing arising from stable raids around Warrnambool in January 30 this year.

But Racing Victoria confirmed on Monday that, as part of an agreement between the two parties, the RAD Board mention would be delayed until a date after Wednesday’s Supreme Court hearing.

It is understood McLean has filed an injunction with the Supreme Court to halt Racing Victoria proceeding with any charges arising from the raid on banned trainer Darren Weir’s property and his Yangery property in January.

Weir was disqualified in February by the RAD Board for four years. It is anticipated that McLean’s lawyers will argue that Victoria Police should not have disclosed any information found in raids to third parties (Racing Victoria), except in the course of a criminal investigation.

The Racing Victoria statement read: "Both parties applied to the RAD Board for a deferral of the RAD Board administrative mention in view of the separate proceeding filed by Mr McLean in the Supreme Court and due to be heard on Wednesday, 25 September 2019."

McLean takes his best horse Trap For Fools to Caulfield this Sunday for the G1 Underwood Stakes (1800m).

ENDS


Giddy Up :beer:


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« 2019-Sep-25, 07:55 PM Reply #22 »
VIC TRAINER CLAIMS POLICE ACTED UNLAWFULLY
Wednesday 25 September, 2019
 
Caroline Schelle AAP
 
Horse trainer Jarrod McLean says police gave information to Racing Victoria so it could charge him.

Victorian horse trainer Jarrod McLean has accused police of unlawfully giving the state's racing body information to charge him after a raid.

McLean alleges Victoria Police passed on to Racing Victoria details of items seized during the execution of a warrant at his Yangery stables, near Warrnambool in January.

But police lawyers argued in the Victorian Supreme Court on Wednesday that the force should disclose potential wrongdoing to regulators.

"There is a stand-alone, common law ... duty, power or function which empowers a police officer to disclose information of potential wrongdoing that a police officer has gained in the performance of his or her duties and functions in conducting a criminal investigation to the relevant regulator," barrister Paul Holdenson QC said.

Police officers in the investigation "engaged with absolute propriety", he said.

The investigation was in the public interest to maintain the integrity of the racing industry.

"Who wants to have a bet in the race when the participants in the race are cheating," Holdenson said.

Earlier, McLean's barrister said police passing the information on was an unlawful disclosure.

"There is no reason not to grant relief in this case when the racing authorities have had information relayed to them ... which we contend is abuse of power and an unlawful disclosure by police," Andrew Broadfoot QC said.

The racing body also planned to charge McLean with administering a prohibited substance to a horse to affect its performance in a race, court documents show.
However it was revealed in court the animal has since died.
"The animal concerned died some five years ago," Broadfoot told the court.

The racing body also wanted to charge McLean with possessing a prohibited substance and refusing or failing to give evidence to stewards, after opening a fresh inquiry following information received by police in August.

The judge ruled many of the documents central in the case must remain temporarily confidential.

Racing Victoria says police did not provide it with items seized during the search, with the sporting body adding it also did not reply to them during its inquiry into McLean.

But McLean has gone to court in a bid to stop Racing Victoria charging him based on information received from police or relying on it in any disciplinary proceedings.
The case before Justice Melinda Richards continues.
ENDS

Interesting opposing propositions from the two QC's one says police had an obligation to advise RV while the defence  QC says this was unlawful and an abuse of process.

They can't both be right.

What does the man in the street think .....the honest unattached observer ...I'll go with the prosecution on this one.

Giddy Up :beer:

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« 2019-Oct-09, 08:29 PM Reply #23 »
MCLEAN DIRECTED TO ATTEND STEWARDS HEARING
Wednesday 09 October, 2019
 
Trainer Jarrod McLean and two registered stable employees have been directed to attend Racing Victoria stewards' inquiries in relation to charges issued by the Victoria Police Sporting Integrity Intelligence Unit.

The police charges emanate from the unit's ongoing investigation after raids on properties owned by Darren Weir in Ballarat and Warrnambool on January 30.

McLean, along with registered stable employee Tyson Kermond and licensed rider agent and registered stable employee William Hernan, have been told to attend the inquiries at RV from 2pm on Thursday.

McLean, Kermond and disqualified trainer Darren Weir were all charged by police on a number offences on Wednesday.

Hernan is facing one charge.

RV chief executive Giles Thompson said the core responsibility of RV was to protect the integrity of the sport and to enforce the Australian Rules of Racing.

"These are serious charges and the nature of the alleged conduct described within the charges is distressing to all within the racing industry, as well as the general community," Thompson said in a statement.

"Upon the issuing of charges today, our stewards have immediately opened inquiries and ordered three persons to attend tomorrow afternoon to answer questions in relation to the charges.

"Those inquiries will dictate our next steps."

Weir will be directed to attend a stewards' inquiry at a future date.
ENDS

Giddy Up :beer:

[/b]

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« 2019-Oct-10, 03:27 PM Reply #24 »
RV INQUIRIES HELD BEHIND CLOSED DOORS
Thursday 10 October, 2019
AAP report
A Racing Victoria inquiry involving trainer Jarrod McLean (L) has been held behind closed doors.

Trainer Jarrod McLean has been questioned behind closed doors at a stewards inquiry called after he was charged by police with several charges including animal cruelty.

McLean's legal representative Patrick Wheelahan successfully submitted the hearing should be closed to media.

Three inquiries involving McLean, registered stablehand Tyson Kermond and licensed jockey manager and registered stable employee William Hernan, have all begun behind closed doors.

McLean was directed to attend the inquiry at Racing Victoria headquarters on Thursday after Victoria Police issued 16 charges against him.

The Group One-winning trainer was arrested, and later released, in dawn raids on properties associated with now disqualified trainer Darren Weir in January.

McLean was charged on Wednesday with multiple counts of engaging in torturing, abusing, overworking and terrifying a thoroughbred racehorse; and causing unreasonable pain or suffering to a thoroughbred racehorse.

He is facing 16 charges which also include conduct that corrupts betting outcomes and possessing cocaine.

Along with being a trainer in his own right, McLean was Weir's right hand man in charge of the disgraced trainer's Warrnambool stable.

Weir was charged with nine offences on Wednesday by the Victoria Police Sporting Integrity Intelligence Unit on Wednesday and will appear before stewards at a date yet to be determined.

Kermond is facing seven police charges and was not present at RV headquarters with stewards acceding to a request he be represented by his lawyer.

Hernan was issued one charge of corrupt conduct.

All four are due to face Melbourne Magistrates court on October 23.
ENDS

Giddy up :beer:




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