RV Stewards' Report - Jarrod McLean, Tyson Kermond and William Hernan

Racing Victoria (RV) Stewards this afternoon opened inquiries in relation to charges issued on 9 October 2019 against four persons by Victoria Police’s Sporting Integrity Intelligence Unit (the Unit).

The charges emanate from an investigation that was commenced by RV’s Integrity Services team into the activities of licensed persons in the Warrnambool and Ballarat areas.

During the course of its investigation, the RV Integrity Services team sought the support of Victoria Police on the matter, thus instigating the Unit’s investigation.

Victoria Police issued charges yesterday as a result of the Unit’s investigation which included the execution of warrants at properties in the Warrnambool and Ballarat areas on 30 January 2019.

Licensed trainer Jarrod McLean, registered stable employee Tyson Kermond and licensed rider agent and registered stable employee William Hernan were directed to attend the inquiries to answer questions in relation to the charges.

Mr McLean and Mr Hernan attended their inquiry, whilst the Stewards consented to a request from Mr Kermond to be represented at his inquiry by his legal representatives.

The Stewards issued one charge each against Mr McLean, Mr Hernan and Mr Kermond for a breach of Australian Rule of Racing 232(h) which states:

“A person must not refuse or fail to attend or give evidence at an interview, investigation, inquiry, hearing or appeal when directed or requested to do so by a PRA, the Stewards or a person authorised by a PRA or the Stewards”. 

A summary of the particulars being that, during the course of the inquiries, Mr McLean, Mr Hernan, and Mr Kermond, via his legal representatives, each refused and/or failed to give evidence as directed and/or requested by the Stewards.

Each of the charges will be referred to the Victorian Racing Tribunal (VRT) to be heard on a date to be fixed.

Show Cause Notice – Jarrod McLean

The Stewards subsequently requested Mr McLean to show cause why the Stewards ought not exercise their powers under AR 23, and specifically their powers:

a) pursuant to AR 23(a), to suspend Mr McLean’s licence to train; and
b) pursuant to AR 23(b), to prevent any horse owned or part-owned by Mr McLean from participating in any race or official trial.

The Stewards then received submissions on behalf of Mr McLean by his legal representatives.

Following careful consideration, the Stewards ordered, with immediate effect, and until the indictable criminal charges issued against Mr McLean by Victoria Police on 9 October 2019 have been heard and determined (including any appeals):

a) that Mr McLean’s licence to train is suspended pursuant to AR 23(a);
b) that any horse owned (or part-owned) or leased by Mr McLean is not permitted to participate in any race or official trial pursuant to AR 23(b); and
c) that the horses in the care of Mr McLean accepted for tomorrow (11 October 2019) at Ballarat – Wish I Might (Race 2), Lucy Mac (Race 4), Pour Vous (Race 7) – have been withdrawn by order of the Stewards.

Show Cause Notice – Tyson Kermond

The Stewards also requested Mr Kermond, via his legal representatives, to show cause why the Stewards ought not exercise their powers under AR 23, and specifically their powers under AR 23(a) to suspend Mr Kermond’s registration as a stable employee.

The Stewards then received submissions on behalf of Mr Kermond by his legal representatives.

Following careful consideration, the Stewards ordered, with immediate effect, and until the indictable criminal charges issued against Mr Kermond by Victoria Police on 9 October 2019 have been heard and determined (including any appeals):

a) that Mr Kermond’s registration as a stablehand is suspended pursuant to AR 23(a); and
b) that any horse owned (or part-owned) or leased by Mr Kermond is not permitted to participate in any race or official trial pursuant to AR 23(b).

Show Cause Notice – William Hernan

The Stewards also requested Mr Hernan, via his legal representatives, to show cause why the Stewards ought not exercise their powers under AR 23, and specifically their powers AR 23(a) to suspend Mr Hernan’s licence as a rider agent and his registration as a stable employee.

The Stewards then received submissions on behalf of Mr Hernan by his legal representatives.

Following careful consideration, the Stewards ordered, with immediate effect, and until the charge issued against Mr Hernan by the Stewards under the Rules of Racing has been heard and determined (including any appeals):

a) that Mr Hernan’s licence as a rider’s agent and registration as a stablehand are suspended pursuant to AR 23(a); and
b) that any horse owned (or part-owned) or leased by Mr Hernan is not permitted to participate in any race or official trial pursuant to AR 23(b).

Darren Weir

Former licensed trainer, Darren Weir, who was named in the media on Wednesday, 9 October in connection with the charges laid by Victoria Police, is currently a disqualified person serving a four-year ban over charges laid earlier this year by RV Stewards under the Rules of Racing.

Mr Weir will be directed to attend an inquiry on a date to be fixed.