Queensland apprentice jockey Amy Graham has had a major win on appeal in a case involving a video which was leaked of her snorting white powder at her private residence.

The Queensland Racing Appeals Panel has found the jockey not guilty for conduct prejudicial to the image of racing under Australian Racing Rule 228(a) and cited a precedent case involving star Victorian jockey Jamie Melham (nee Kah).

In 2023, the Victorian Racing Tribunal determined Melham could not be charged for bringing racing into disrepute as the jockey did not know she was being filmed when footage of her cutting lines of white powder in her home was widely circulated.

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In delivering the not guilty finding against Graham on Wednesday, the RAP Panel stated in its written finding: “In our view, this present case is not materially different from that of Kah.

“Kah was not aware that she had been recorded.

“The applicant’s (Graham’s) account, and the video itself, do not establish that the applicant (Graham) knew she was being recorded as she consumed cocaine.

“Rather, it establishes that she became aware after the event that she had been, at least in part, recorded.

“The evidence here establishes, in our view, no more than that the applicant (Graham) became aware that she had been recorded.

“It does not establish to the required standard that the recording was made with her knowledge or consent, she asked that it be deleted and assumed that had occurred.

“Like Kah, the publication of the video was done without her knowledge or approval.

“She (Graham) had made efforts to circumvent that occurring.

“In Kah, the Tribunal saw it as being of relevance that the conduct occurred in a private home not involving the actual conduct of racing or racing related matters.

“As in Kah, the applicant (Graham) has behaved in a way that was foolish, reckless and risk-taking, but we are not satisfied to the requisite standard that it constitutes a breach of AR 228.

“It would follow that the charge in relation to that offence should be dismissed.”

Graham has had her ban reduced.

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Jim Murdoch KC, acting for Graham, had made written submissions in his client’s appeal which outlined the Jamie Melham “precedent”.

While Graham was found not guilty of conduct prejudicial to the image of racing, a guilty finding for a charge under 232(i) in relation to giving false or misleading evidence to stewards was confirmed.

The impact of the findings was that Graham’s initial four-month ban by stewards is now three months.

Graham has not been charged with any criminal wrongdoing.

Two other Queensland jockeys have also previously been banned by stewards in relation to the incident at a personal gathering on November 16 last year.

Stewards alleged the video involving Graham was recorded on fellow jockey Casey Waddell’s phone and it was shared with another licensed person and had since been reported in the media.