Darren Weir has been disqualified for four years,effective immediately.

Darren Weir has been disqualified for four years,effective immediately.Credit:Jason South

''They diminish the image of racing,''said Gleeson,as he pointed out that Weir's status as a champion trainer who held sway over one of the biggest racing operations in the world ensured that there would be huge media and public interest in the case.

''The act of possessing these devices,the circumstances in which they were located and the inevitable media firestorm that followed the discovery of these items,the arrest of Mr Weir all contribute to the establishment of the fact that this was conduct prejudicial to the image of racing.

''He's one of the most substantial and significant trainers in Australian thoroughbred history ... he's a champion trainer of one of the biggest stables in the world.

''With reputation and privilege comes responsibility,''said Gleeson.

''The devices were found in the master bedroom of his house,not in some shed or employee's bag.

''Locating these devices in a bedroom also suggests a desire to conceal these devices from the stewards.

''It might be thought less likely they would access and inspect a bedroom. Thirdly and significantly there is no explanation for possession of the devices.

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''It is a significantly compounding factor that the sentence be appropriate ... there is no proffered explanation.

''There is no basis in which you can infer lack of knowledge of the items[or] ... confusion of the rules ... you can only reasonably infer that he was aware of the existence of these devices on the property,you can only reasonably infer he was aware of the existence of the rule,the gravity of the breach ... and the consequences of the image for him and racing if he was caught and convicted.''

He said that Weir's decision to co-operate with stewards and the speed with which he agreed to have the matter expedited were factors that needed to be taken into account.

Weir said nothing while his lawyer,Patrick Wheelahan,said little,initially advising that Weir's position - where he offered no contest to the charges - did not mean that he was in a position of agreement with Gleeson's submission.

The fact that Weir had not contested the charges was,said Judge Bowman,reminiscent of the Aquanita case as he pointed out that''no contest''- which was used in that case - was not a plea recognised in this jurisdiction.

''I think we would be more comfortable if we treat it as plea of not guilty,''said Judge Bowman.

Weir's barrister Wheelahan said of the no contest position:''I have nothing to say,''stressing that on all charges''Mr Weir pleads no contest,and there will be no evidence ... laid on his behalf''.

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Weir was aware,the hearing was told,that if the case dragged on it could cost the industry even greater reputational damage and involve massive legal bills.

Gleeson pointed out that while the damage to the sport of racing was''significant''and''damaging''it was reparable.

Weir is also facing potential criminal charges.

Gleeson pointed out that while the damage to the sport of racing was''significant''and''damaging''it was reparable.

He said the four-year disqualification the stewards sought was appropriate.

''It shouldn't be more because it is a charge of possession and conduct prejudical,there is no charge of use. Its simply an offence of possession.

Weir's Warrnambool-based stable foreman Jarrod McLean did not appear at the hearing on Wednesday. McLean is contesting the charge against him.

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