Trainer faces more charges after losing legal battle

POSTED ON  |  15-09-2020

Jarrod McLean
Warrnambool trainer Jarrod McLean has lost his application to the Court Of Appeal to block Racing Victoria from using police evidence against him. RV stewards will now be able to pursue several charges against McLean — who also served as disqualified trainer Darren Weir’s assistant — over the alleged possession and use of performance-enhancing EPO. McLean has 28 days in which to apply for special leave to appeal to the High Court.

RV have charged McLean with administration of a prohibited substance to affect race performance, possession of a prohibited substance, corruption, dishonest, misleading behaviour and conduct prejudicial to racing. The processing of those charges hinged on the Group 1-winning trainer’s appeal against Supreme Court judge Melinda Richards’ original ruling that police had acted lawfully.

On Thursday, Judges Tate, McLeish and Niall upheld Justice Richards’ decision. “We reject the applicant’s central submission that information obtained as a result of the execution of a search warrant under section 465 can only be used in the investigation and prosecution of a crime,” the Court of Appeal found.

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