Racing Victoria have been accused of attacking Jamie Kah’s ‘integrity and honesty’ in a ‘cowardly and a most disrespectful way’ as both parties made their closing submissions in her white powder hearing on Monday.
Kah has defended herself before the Victorian Racing Tribunal over her explosive ‘white powder’ scandal after she was recorded cutting lines of a mysterious white substance with an ID card earlier this year.
The jockey, who rode six winners during this year’s Melbourne Cup Carnival, outed stablehand Ruby McIntyre as the person who filmed the controversial video, which was subsequently leaked to the media.
Kah claimed she did not know she was being recorded, and McIntyre admitted she recorded her covertly, yet counsel acting for stewards said ‘she [Kah] ought to have known her actions were being filmed’.
Kah and McIntryre have both pleaded not guilty to charges of conduct prejudicial to the image, interests, integrity or welfare of racing.
Jamie Kah’s lawyer has hit out at the ‘cowardly’ case against the jockey
Kah is facing a tribunal over the white powder saga earlier this year
‘There’s an awareness of the risk and inappropriateness of the conduct, she (McIntyre) took that risk and distributed the recordings, as she conceded in her evidence,’ said Damian Hannan, RV’s counsel.
‘… Ms Kah not testing positive … is irrelevant to the tribunal, (it is) not suggested she ingested anything illegal.
‘It’s the image, it’s the manipulation of that powder and suspicion it could be illegal … that is what this is all about.’
Mr Hannan added: ‘Even if it was done surreptitiously this does not absolve Ms Kah’s blameworthiness … she was well aware a selfie was taken on the phone of Ms McIntyre early in the evening, for the purpose of being sent to others on social media.’
‘She had not previously met Ms McIntyre, she’d taken the selfie and knew it was being sent, she should’ve been put on notice in what she did, manipulate that substance on the plate (that) might be captured … it was far from a remote possibility (for photos get out into the public domain).’
Kah’s counsel, barrister Matthew Stirling, argued that the gathering was on private property, Kah was unaware she was being recorded and that there is a lack of precedent for the case before the tribunal.
‘No case decided by any racing tribunal in Australia has gone so far as to say a licensed person in their own private home, and they have no knowledge, (that) the footage might be taken,’ Mr Stirling said.
‘It was an unlawful act, none of the racing cases so far go so far to place liability for conduct under this rule.
‘In each case (past misconduct cases) … occurred on a racecourse, or racing premises, or public place… or the licensed person has caused the conduct to enter into the public domain.
She was filmed by stablehand Ruby McIntyre but insists she was not aware
‘That’s the distinction with this case, firstly Kah is not in public or in racing premises, or anywhere (other than her home), and secondly Kah has done nothing to get the footage or the conduct out in the public domain.’
He also scathed Racing Victoria for ‘attacking her [Kah’s] honesty because they knew there was this gaping hole in their case.’
McIntyre admitted regret over her ‘big mistake’ in the scandal.
‘I’m feeling a bit overwhelmed by everything,’ McIntyre said.
‘It was a big mistake trusting someone to send a very private video to, I understand everything that has come from that has come from the video I had on my phone.
‘I guess in the way it was sent, just how private it was and how it was a one-time thing, it has shocked me how it’s been able to come out… that was never my intention.’
The hearing concluded at 1.10pm on Monday, with a three-member panel set to announce its conclusion shortly.