Judge John Bowman said at the Victorian Racing Tribunal (VRT) hearing on Wednesday that in dismissing the charges, the panel was not satisfied the use of the jigger on three horses (Red Cardinal, Tosen Basil and Yogi) could affect the outcome of races the horses entered.
“The bottom line is we are not satisfied comfortably or otherwise that charges one, two, and three have been made out,” Bowman said.
“Particularly we are not comfortably satisfied that the required component of ‘likely to affect the outcome of any race’ has been proven.”
Judge Bowman, in handing down the decision, highlighted evidence given by Dr Andrew McLean, an equine scientist. McLean was questioned during the hearing but admitted to not being a racing expert.
“We are not particularly impressed with the evidence of Dr McLean, firstly, whilst he may be qualified in various aspects in relation to animal welfare, his knowledge of and experience with racehorses and racing is limited,” Bowman said.
The VRT will reconvene next week with a hearing to advise on a date for penalty submissions.