Champion jockey Jamie Kah plans to enter a not guilty plea at the Victorian Racing Tribunal on Thursday in relation to a charge relating to his performance in the Group 3 McNeil Stakes last month.
Racing Victoria stewards have charged Kah with a serious offence following a lengthy investigation into a race at Caulfield earlier this year.
The 28-year-old was accused of not trying hard to achieve the best result while competing last month.
Racing Victoria stewards have accused Kah of failing to take “all reasonable and permissible steps” with the horse Let’sfacethemusic “to win or obtain the best possible position in the field”.
The rule states: ‘A jockey must take all reasonable and permissible steps throughout the race to ensure that his horse has a full opportunity to win or to obtain the best possible place in the field.’
Stewards analysed his run aboard Let’sfacethemusic in the Group 3 McNeil Stakes at Caulfield on August 31 and found he failed to accelerate through a gap.
During a directions hearing at the VRT on Thursday, Kah was represented by lawyer Matthew Stirling along with delegates.
Racing Victoria stewards have charged Jamie Kah with a serious offence
Stirling suggested Kah’s defence would focus on the difficult wind conditions on race day as well as Let’sfacethemusic’s particular racing behaviour, describing the horse as “something of an equine arch” with a tendency to “lock his jaw”.
“What that means is that the rider can steer the horse in one direction and the horse in another,” Stirling said.
“In the images of the race, taken by the stewards at the 900-metre mark, you can see exactly what happens. The horse veers off to the other side when Mrs Kah goes in the opposite direction.
“It was very windy that day. The two horses in front kept changing ground… Mrs. Kah’s horse kept changing ground too.”
Stirling said Kah was not feeling well that day and was also suffering from a lack of confidence.
“His instincts were telling him not to run, that it wasn’t safe to do so,” Stirling said.
‘In retrospect, because we know now, but only in retrospect, there were a couple of stages where the horses in front stayed true to their line and Ms Kah’s stayed true to her line.
‘It could have been a mistake, but the rule does not address that… the rule requires serious culpability.
“If they (the administrators) can establish an error of judgment, it is not enough to justify the charge.”
Kah was accused of not trying hard to achieve the best result while competing last month.
The golden rider admitted that she did not have a great career.
“I just didn’t feel like I drove very well,” Kah explained to Stewards.
‘I saw (the gap) moving in front of me and I don’t know, I didn’t feel comfortable running.
“I don’t do races that don’t exist and at that point in the race I felt like there wasn’t a race long enough to do.”
The charge comes after a terrifying run for Kah, which began with a shocking fall at Flemington in March that left her with a serious brain injury.
When she emerged from a five-day induced coma, Kah didn’t know who she was and had to Google her name to find any information about her.
The injury kept her out of racing for five months and she only returned to riding in August.
Kah was also embroiled in a “white powder” controversy after photos appeared to show her collecting a line of a mysterious substance on social media in June.
The story broke just a day after she announced her return to racing.
The appearance of the controversial images cast a shadow over Kah’s long-awaited return to horse racing.
Kah had a shocking fall at Flemington in March 2023 which left him with a brain injury.
Stewards initially charged her and another woman over the photos, alleging they breached a rule stating that “a person must not engage in conduct prejudicial to the image, interests, integrity or welfare of racing, whether that conduct takes place within a racecourse or elsewhere.”
“I’m working hard to get back to doing what I love, which is being a passionate and successful jockey,” Kah said afterwards.
‘I will continue to focus on my physical and mental health and making a full recovery so I can compete again and be the best person I can be.’
Kah was later cleared of any wrongdoing in the white powder scandal and vowed to focus on racing and being happy.
“It’s been the most challenging and difficult year, but I’m relieved to be able to put it behind me and focus on racing and being happy,” Kah told RaceNet.