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.
Trainer Jarrod McLean is facing a string of charges. Picture: AAPSource:AAP
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.
“We also consider that the judge was correct to conclude that the disclosure was authorised under the Privacy Act and the applicant has no entitlement to relief.”
Facing a potential life ban, McLean had applied to overturn a ruling which allowed Victoria Police to share evidence seized in a January 30 raid on his property near Warrnambool with stewards.
Cop ‘saw horses being tortured’ at Weir stables: court
Among the material seized were syringes containing performance-enhancing EPO.
The RV charges laid are unrelated to criminal charges involving alleged animal cruelty and corruption McLean is facing in the Magistrates’ Court.
McLean lodged the appeal in the Court Of Appeal after Justice Richards last year ruled materials gathered by Victoria Police could be used by stewards.
Police seized six syringes at McLean’s Yangery home.
RV alleges McLean administered EPO to Perth Cup winner and former jumper Cats Fun between August 2009 and August 2014. Traces of the horse’s blood were allegedly found on the syringes McLean kept in his bedroom.
Jarrod McLean could be banned for life if found guilty. Picture: Getty ImagesSource:Getty Images
Two syringes were analysed and Cats Fun’s blood was found on the needle of one. The other four syringes weren’t tested. Cats Fun never tested positive to EPO in a raceday test.
The six syringes, labelled “Eprex 10,000”, were found in McLean’s bedroom drawer, bound with a yellow rubber band.
Erythropoietin (EPO) is a substance that boosts the amount of oxygen that can be absorbed by blood and can enhance aerobic capacity and staying power in a thoroughbred.
McLean has been indefinitely stood down from training after failing to answer questions at a stewards’ inquiry relating to criminal charges of animal cruelty.
Justice Richards dismissed his injunction application, saying there was no basis to stop RV from using that information to lay doping charges.
Cats Fun was trained by McLean between 2009-2013 before shifting to disqualified trainer Darren Weir in 2014, then back to McLean for the last two races of his career.
The Ballarat Magistrates Court heard two days of evidence this week in a committal hearing involving McLean, Weir, Tyson Kermond and William Hernan.
The matter will return to court on October 8.
Weir is serving a four-year ban after pleading no contest to possessing jiggers and conduct prejudicial to racing.
Originally published asTrainer faces more charges after losing legal battle
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