Jamie Kah’s lawyer denounces ‘cowardly’ case against golden girl jockey over white powder scandal

Racing Victoria has been accused of attacking Jamie Kah’s “integrity and honesty” in a “cowardly and extremely disrespectful manner” as both sides delivered their closing statements at 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 at this year’s Melbourne Cup Carnival, named stablehand Ruby McIntyre as the person who filmed the controversial video, which was then leaked to the media.

Kah claimed she did not know she was being recorded, and McIntyre admitted to secretly recording her, but counsel acting for the stewards said: ‘She [Kah] should have known that her actions were being filmed’.

Kah and McIntryre have both pleaded not guilty to charges of conduct detrimental to the image, interests, integrity or welfare of racing.

Kah faces a tribunal over the white powder saga earlier this year

‘There is awareness of the risk and inappropriateness of the behavior. She (McIntyre) took that risk and distributed the recordings as she admitted in her evidence,” said Damian Hannan, counsel for RV.

‘… Ms Kah does not test positive… is not relevant to the tribunal, there is no suggestion that she ingested anything illegal.

“It’s about the image, the manipulation of that powder and the suspicion that it could be illegal… that’s what it’s all about.”

Mr Hannan added: ‘Even if it was done surreptitiously, this does not absolve Ms Kah’s culpability… she was well aware that a selfie was taken on Ms McIntyre’s phone early in the evening, with the intent to be sent to others on social media. ‘

‘She had not met Ms McIntyre before, she had taken the selfie and knew it was being sent, she should have been made aware of what she was doing, manipulating that substance on the plate (which) could be collected… it was far from a remote possibility (as photographs enter the public domain).”

Kah’s counsel, lawyer Matthew Stirling, argued that the meeting took place on private property, Kah was unaware she was being recorded and there is a lack of precedent for the case before the tribunal.

“No case decided by a racing tribunal in Australia has gone so far as to involve a competent person in their own private home, and they have no knowledge that) the footage could have been taken,” Mr Stirling said.

‘It was a tort, none of the racing cases to date go so far as to place liability for conduct under this rule.

‘In each case (cases of past misconduct) … occurred at a racetrack, on a racing ground, or in a public place … or the licensed person caused the conduct to become public.

She was filmed by groomsman Ruby McIntyre but insists she knew nothing about it

‘That’s the difference with this case: first, Kah is not in public, or in a race room, or anywhere else (other than her home), and second, Kah has done nothing to correct the images or behavior in the public domain. to get.’

He also slammed Racing Victoria for ‘attacking her’ [Kah’s] honesty, because they knew there was a gaping hole in their case.’

McIntyre admitted she regretted her “big mistake” in the scandal.

“I’m feeling a little overwhelmed by everything,” McIntyre said.

“It was a big mistake to trust someone to send a very private video to. I understand everything that comes out of that from the video I had on my phone.

“I think the way it was sent, how private it was and how it was a one-time thing, it shocked me how it got out…that was never my intention.”

The hearing concluded at 1.10pm on Monday, with a three-member panel expected to announce its conclusion shortly.