THE MUNSTER CASE.

Auckland Star, Volume XLVII, Issue 32, 7 February 1916, Page 7

THE MUNSTER CASE.

PROTEST DISMISSED. TAJCAPDNA CLUB'S FINDING. The Judicial Committee of the Takapur.t Jockey LluU, having carefully investisWl the qu-estlon of the ownership of the mmhorse Minuter, Uave given tlie tuiiowmdecision:—The Committee is satbitien v T air Hubert McMiUcn has been tiiu ■- ie owner of the said horse from the oth i.uy of November, i!) 14. The protest iuri- d on behalf of the mvner of AchUiedi*, vie horse whJcli ran second to ilunster hi Uμ." Zealaudia Handicap run on the rtr.«t day of the club's summer meeting, objecting to the ownership of Muustex, is inciefore dismissed, and the Committee directs that tv« deposit involved be returned. 'Ihe evidence taken by the Judicial Committee discloses the following facts m connection with the ownership of Muusler, 1. Tint a 'partnership between Wilfred Johiistuue, wno held two thirds intwe-t in tlie ownership of Munster, aiid Uube.-c McMlken, who veld one-third Jiiterrst in the same liorse, was registered in the UfflclsJ Calendar on 10th February, l'.il-i, j w.hi<-li partnership was withdrawn" in tut) ! OlticiaJ. Calendar on 14th October. I!U4 That on the Ist October, 1014, Uillhiiu ' MuiilkeJi purchased W. Johnstone's twothirds Intwst fur fIOO, with, a contligei.cy that Mliusut was to be put in traiulu',' for six months from that date, and a.i additional iiu was to be paid out of ! winnings.

3. Tnat on the Gth November, 1914, William MiiMiikei) sold iiis two-thirds interest In the gelding Munster to Robert Mc.Uikeii for £100 13/4, of wliich £li 13/4 was "for trailing fees i-ijiut uu» to dute.' , Ihe recetpt further suited "this amonut is uo>v acknowledged in full.

4. 'IVaat in ujakiug the sale of his interest in Minister to his 'brother, no mention vr-js made of the contiugeni-y ~t £o«i, although .both brotliers were cognisant that such a lufcuity existed for bii wonilia frojn bhe Ist α-rtober, 1014.

■Lhe ciuestion men arises that as R. McMiken on the tftfi November. 1014. bou---ht William Mcillkeu's two-thirds' interest".ll Muuster, and was at that time aware of the contingent liability of £50 as set out Iα the sale note from. Wilfred Jolinstoue to W. McMlken under date Ist October, 1914, should a Joint interest have been registered with the secretary of the Sew Zealand Racing Conference for the period between the date of purchase by R. Mc'illkeu, viz., the oth November, 1914, and the Ist April, 11)15.

The Committee are of opinion that as R. Mclllken was aware at the time of his purchase of William Mciliken's two-thirds' interest in Munster for £100. . that his brother had agreed to put the horse in training for six months and to pay to W. Johnstone £30 .out of winnings a "joint interest" Riinuld have been registered as between Robert McMiken, William McMiken and Wilfred Johnstone.

The Committee, however, are unanimously of opinion tiiii t neither Kobert nor "Wlllimn McMiken or Wilfred Johnstone recosuised that the contingency of £50 payable to Johnstone crested a Joint Interest, and that their failure to comply with, the provisions of clauses 1 and 2 of part VIII. of "The Rules of Racing" -was not wilful. The Committee, therefore, in accordance with rnle 7. part VIII, of "The Rules of Racing," recommend:—

"That a full copy of the evidence and finding be forwarded to the president of the Racing Coufcronce. and he be requested to impose such fine upon the parties .13 '"c may think fit. And that a copy of ;":e evidence and flndins be also forwarded to the District Committee, -with a request that the Committee approve of the decision of the Judicial Committee, and to certify that the breach or failure by R. and W. McMiken and W. Johnstone to register .1 •joint interest' in Munster was not wilful."