Evidence fight

TRAINER Jarrod McLean’s fight to save his licence by preventing Racing Victoria using police evidence against him rests with the Supreme Court.

McLean’s legal counsel Andrew Broadfoot, QC — a partowner of Melbourne Cup winner Prince Of Penzance — yesterday accused Victoria Police of unlawfully providing RV with evidence gathered during stable raids in January that ended Darren Weir’s career.

In order to maintain confidentiality over the evidence gathered by police, Justice Melinda Richards ordered legal parties to refer to “seized material” and “further information” instead of specifics.

McLean’s legal team is trying to stop RV charging him based on information received from police or relying on it in any disciplinary proceedings.

According to court documents, RV intended to charge McLean with administering a banned substance to a horse to affect its performance in a race.

News Corp understands the horse allegedly involved was a top stayer who retired several seasons ago and has since died.

RV also wanted to charge McLean, a Group 1-winning trainer, with possessing a prohibited substance and refusing or failing to give evidence to stewards, who opened a fresh inquiry following information received by police in August.

McLean, who was charged by RV in February on matters relating to the possession of a jigger, claims Victoria Police must not disclose information about anything obtained in a search to third parties except during a criminal investigation. Victoria Police denies acting unlawfully.

Barrister Paul Holdenson, QC, said police officers “engaged with absolute propriety” during the raids and 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.

Broadfoot said the passing of information by police to RV was “abuse of power and an unlawful disclosure”.

Properties owned by McLean and Weir were searched in January before both men were arrested and released without charge.

In McLean’s case, his Yangery property was searched by police using a Magistrates’ Court warrant granted on the allegation he had obtained financial advantage by deception. McLean maintains his innocence on the jigger charge.

A Racing Appeals and Disciplinary Board hearing on Monday was deferred to October 7 because of the civil hearing in the Supreme Court.