The trainer of this year's Melbourne Cup favourite says he knows exactly how embattled horseman Darren Weir would be feeling.

Key points: Paul Preusker says a four-year ban from racing has left him a changed man who no longer sees animals as 'commodities'

Paul Preusker says a four-year ban from racing has left him a changed man who no longer sees animals as 'commodities' Now training Melbourne Cup favourite Surprise Baby, he says he knows how disqualified trainer Darren Weir must feel

Now training Melbourne Cup favourite Surprise Baby, he says he knows how disqualified trainer Darren Weir must feel Some in the industry are questioning whether Preusker — who was mentioned when Weir was banned — deserves forgiveness

In 2007, Paul Preusker — the trainer of Surprise Baby — was disqualified from racing after stewards found him guilty of possessing an electronic jigger, and being party to someone else's use of the device.

He has since regained his licence and says he is a changed man who no longer views horses as a commodity.

"People make mistakes, you move on, you put your chin up and fight again," Preusker said from his Horsham training base.

"That's been my journey.

"Life's full of mistakes, but I'm sure Darren right now — I know the pain he'd be going through."

As the Spring Carnival looms the racing industry is embroiled in crisis once again, with one of its most lauded sons, Darren Weir, preparing to fight animal cruelty charges in the Melbourne Magistrates' Court.

Horse trainer Darren Weir leaves Racing Victoria's headquarters in Flemington on January 31, 2019 after being questioned by officials. ( ABC News )

The champion trainer received a four-year ban from Racing Victoria in February this year after a disciplinary hearing was told several 'jiggers' — taser-like devices — were found in his room.

Weir was charged by police with a total of nine offences, including three counts of "engaging in the torturing, abusing, overworking and terrifying" of a thoroughbred racehorse and three counts of "causing unreasonable pain or suffering" to a racehorse.

Other charges included possession of an unregistered firearm and conspiracy to defraud Racing Victoria stewards.

Weir's Warrnambool-based stable staff, Jarrod McLean and Tyson Kermond, have had their licences suspended pending the result of court action.

All three are due to appear before the Melbourne Magistrates Court on October 23.

Jockey Jordan Childs plans to lose enough weight to ride Surprise Baby in the Melbourne Cup. ( Supplied: Racing Photos )

Racing's dark underbelly

In January 2007, Preusker was found guilty by the Racing Victoria board of possessing and being party to the use of a jigger.

He was handed a four-year disqualification, but is reaching new heights this spring as he chases a long-held dream at Flemington.

"You start as a young fella looking at [the Melbourne Cup]," he said.

"To get in is something I'll cherish.

"Life changes, it changes people, and I supposed if everyone owned up to their mistakes in life it would be a better world, but a lot of people get to hide it."

Surprise Baby is being hailed as Australia's best chance of victory in the 2019 Melbourne Cup. ( Supplied: Racing Photos )

Preusker has trained several big winners since serving his penalty, but his return has not been without scrutiny.

In 2014 he was suspended for three months after a horse he trained returned an elevated bicarbonate reading.

Later that year, he was fined $5,000 for failing to provide necessary veterinary treatment for a two-year-old filly in his care.

Over the past five years, however, Preusker has kept a clean sheet with stewards.

Last season he prepared Magic Consul to victory in the Group 2 Feehan Stakes, and this year he has a guaranteed Melbourne Cup starter in Surprise Baby.

'A bit of a cop-out'

Group 1-winning trainer Mathew Ellerton said anyone found guilty of using an electronic jigger should be banned for life.

"I wouldn't expect anything less," the Flemington-based Ellerton said.

"If the charges are sustained, it's completely unacceptable."

Mathew Ellerton (right) pictured with co-trainer Simon Zahra following a win at Caulfield. ( Supplied: Facebook — Ellerton-Zahra Racing )

RSPCA Victoria wants to see a hard line taken by the industry for anyone found guilty of cruelty to animals.

"If animal welfare is a top priority for the racing industry, RSPCA Victoria would expect racing authorities to ensure that this is reflected in the penalties applied to participants who have engaged in animal cruelty," said RSPCA Victoria CEO Dr Liz Walker.

"RSPCA Victoria believes the racing authorities should consider life time bans where serious cruelty offences have been proven."

Ellerton said anyone found guilty of animal cruelty shouldn't be welcomed back to the sport.

"Not on my life (should they return)," he said.

"Obviously, that [Preusker] case has been dealt with the way it has.

"I don't know — if you say times change, that's a bit of a cop-out.

"Cruelty is cruelty."

Does racing care?

Much of the wider sporting industry was appalled by the charges levelled at Weir, including leading barrister Dyson Hore-Lacy, SC, the brother of former trainer Rick Hore-Lacy.

"What's happened in Weir's case throws a shadow over every large race won," Mr Hore-Lacy said.

"But interestingly, the case of Darren Weir has been greeted with a fairly large yawn in my view.

"It was suggested that until recent times the use of jigger was an accepted part of horse racing.

"I would have thought there'd be an outcry of trainers denying it?

"Perhaps we're so used to these things happening we've all become a bit desensitised."

Darren Weir trained Prince of Penzance, which jockey Michelle Payne rode to Melbourne Cup victory in 2015. ( ABC News: Danielle Bonica )

Racing Victoria is steadfast in its approach, saying the stewards investigation into Weir shows they work without fear or favour.

Weir, McLean and Kermond could all face further charges from the racing body, pending the result of the criminal trial.

"We will act, and have shown that we'll act, and have a good track record in acting," said Racing Victoria integrity boss Jamie Steir.

"We're not frightened to consider any set of circumstances we become aware of."

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. Watch Duration: 44 minutes 49 seconds 44 m Off Track ( Michael Brissenden )

But Mr Hore-Lacy said the sport's regulating body has played an active role in the way the investigation has unfolded.

"I think Racing Victoria is keen on sweeping these things under the table, as demonstrated by the haste at which which this case was originally treated," he said.

"Within a week of him being charged it was done and dusted, he had four years.

"One wonders why he had three jiggers?"

Changing attitudes towards animal cruelty

Preusker's penalty was referenced when Darren Weir faced the Racing Appeals and Disciplinary board in February this year.

In handing down the ban, the board — chaired by County Court judge John Bowman — referenced Preusker's penalty specifically.

"When dealing with Mr Paul Preusker, licensed trainer, on a charge of both possessing and using a jigger back in early 2007, the Board referred to the practice, possession and use of jiggers as being abhorrent, and a practice that tarnishes the image of the racing industry. It is still abhorrent. What may have changed is that the emphasis on animal welfare is now even greater than it may have been 12 years ago. Surely those in the industry are aware of that.

Melbourne Cup winning trainer Darren Weir mixes with the general public during a parade to celebrate Price of Penzance's win at a celebration in Ballarat on November 6, 2015. ( AAP: Julian Smith )

Warrnambool horseman Daniel Bowman, who cut his teeth in the industry working for Weir, has a similar view.

"The world's view has changed since Paul got done and the industry has changed," Bowman said.

"It's extremely frowned upon now — it's not a done thing, despite what some people are trying to say.

"I've been in the industry ten or eleven years and I've never seen it done, or even [heard mention] that someone was going to do it.

"People make mistakes.