Champion jockey Jamie Kah has been acquitted after being charged by the Victorian Racing Tribunal over her white powder controversy, while the person who filmed her in the incident has been found guilty and will face punishment.
The decision ends a six-month legal dispute after a photo emerged of Kah, a nine-time Group 1-winning jockey, allegedly handling a white powder during a small gathering at her home.
“It has been the most challenging and testing year, but I am so relieved that I can now put it behind me and focus on racing and being happy,” Kah said after the hearing.
Both Kah and another person, who pleaded not guilty, were charged by stewards with conduct prejudicial to the image, interests, integrity or welfare of racing.
The co-accused, groomsman Ruby McIntyre, admitted secretly recording Kah and sharing the footage on a private social media account at a hearing last month and will be sentenced in January.
McIntyre claimed she never expected or intended the video to be shared outside that private environment.
The images of Kah and her co-defendant were taken without her consent and the charges were dismissed
The decision ends six months of turmoil for the glamorous jockey
Kah and her co-suspect do not risk further punishment because of the white powder images
In handing down the verdict, the tribunal emphasized that the short video in question was recorded without Kah's knowledge or consent, and she only became aware of its existence a few days later.
What exactly the white powder was has not yet been verified.
The three-member tribunal panel, made up of Judge John Bowman, Des Gleeson and Maree Payne, confirmed that Kah was unaware the video was being shared with anyone else until it became public through the media.
“Your conduct may have been immature, irresponsible and reckless, but there are two important characteristics that led us to our conclusion,” Judge Bowman read from the unanimous decision.
'Firstly, you did not know that the very short video or photo had been taken, secondly, at no relevant time did you know that it had been forwarded to anyone else, or that there was any intention to send it.
“Absent our comfortable satisfaction with these two features, we are of the opinion that the charges should be dismissed and that is the order we are making.”
McIntyre was found guilty of the conduct charge, and a sentencing hearing is scheduled for January 18.
The white powder scandal had the potential to ruin the young jockey's career
The groom who filmed Kah (pictured) without her consent was found guilty and will be sentenced next month
Judge Bowman called the three “significant differences” in the case against McIntyre and Kah.
“First, you deliberately made a short video of the powder and what Ms. Kah did with it, without telling her and in a surreptitious manner. Secondly, and very importantly, you sent both the group photo and the white powder photo to another person,” the judge ruled. Bowman said.
'Thirdly, you put an incriminating and identifying caption on the photo… in our opinion, the behavior of a permit holder is sufficient to constitute a violation.
'Sending the video of the white powder incident to someone else along with the earlier photo creates the real possibility that the material will end up in the media.
“That appears to be exactly what happened.”
Judge Bowman conceded that McIntyre's actions, while proven, were without malice.
“We are satisfied that the allegation has been proven, the possibility of damage to the image and such of the racing industry was very real as evidenced by the publicity shown,” he said.
“There has been absolutely no intention on your part to damage the image of racing, or the image of Ms Kah. There is no malice involved. What we do find is that there was recklessness of a sufficiently high degree to justify the accusation.'