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Kah VRT hearing date set

Jamie Kah will front the Victorian Racing Tribunal on Thursday for a hearing into her ride on Let’sfacethemusic (I Am Invincible) on Memsie Stakes day. 

Kah will answer one charge for allegedly failing to give Let’sfacethemusic, who finished fifth, beaten 4.6 lengths, every opportunity to obtain the best finishing position possible in the McNeil Stakes (Gr 3, 1200m). She was charged under AR129(2) following two stewards’ hearings into the ride. 

At a directions hearing on Thursday, Kah’s legal representative barrister Matthew Sterling said the leading rider planned to plead not guilty to the charge. 

“The horse in question is somewhat of an equine retch. There’s no doubt about its ability, but it locks its jaw,” Sterling said. “What that means is the jockey can steer one way and the horse will go the other way. You can see that this exact thing happens in this race footage on the stewards’ footage at the 900-metre mark. The horse veers in when Ms Kah is going the other way. 

“On this day the conditions were extremely windy. The two horses in front were shifting ground continually. Ms Kah’s horse was also shifting ground. She was unwell and low on confidence. In all of those circumstances, her instincts told her not to take the run; it wasn’t safe to take the run. 

“In retrospect, because we now know, but only in retrospect, that there were a couple of stages where the horses in front remained true on their line and Ms Kah’s [horse] remained true on its line. It might have been an error, but that’s not what the rule is about.

“The rule requires serious culpability. And even in this case if they can establish an error of judgement, it’s not enough to make out the charge.

“Our position is the stewards can’t have it both ways. They can’t be dictating the paramountcy of safety, but then on the other hand when a rider shows caution as she did here, charge the rider under a rule.”

Sterling also indicated he would likely call a track rider to give evidence about the horse’s behaviour.

Steward Corie Waller indicated their case would largely focus on the video footage of Kah’s ride.

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