RACING NEWS.

Auckland Star, Volume LIV, Issue 105, 4 May 1923, Page 8

RACING NEWS.

THE PENNILESS APPEAL. JUDGES AFFIRM DKC'ISTOX. FLEMING'S OISQI'AI.I FIXATION HIiIHCKII. (By Tclesmiph.—l'i-cas Association.) (ItUISTCIirUCII. Tliiireiliiy. The following is the full juilirnieut of tho New Zealand UnciiiK I'oiiCerciice Jiitliien. ■ Messrs. c. r. Skerrctt. <>. s. Wnlkliis. mul iW. K. lUilwill. in tin- matter of the appeal ■of John An-blluilil <'yril Flemlni: ana-list the division of the Aueklanil Ointrit't : ltnrliiK Committee nn March l">. V.VS.i. in 1 Imposing riTtiilu illtiqunlinVatioii < appellant: "The Auckland Dlelricl Itarliiß Committee pave the following ileeislon npaitisl the nppellunt. Fleming, anil airaniHt 1.. Hector Wviiynnl : ill 'I'll Itry, acceptance, and slartiliK of ih.- hor-e fviiniu-an ill the lliktirantfl Hack Ilnnillrap ami the l'nroll Hack Ilur.lles Hanillciip. run ill the I I tin.- of tli- Whnnciirel Unclng Oiih on j .October 13 and 15, 11)21, were the. acts; lof Flemlm; and Wyny.-ird : lil) ill the time lof the enlry nnd iitartilitf of the horse v, the races ihere was BubsiHtinc between 1 Fleming and Wyuyaril a [nirlucrshlp or ' joint interest In the riuuiliiK of. or priillls I»f racing of. the horse which Flimiiluc and Wynyard linil wilfully failed to register, in I hreiicli of rule 3 of par! VII. of rules of I I racing: i:n by reason of wilful failure to register the partnership <.r Joint interest, each of them, Firming and Wynyard. in 1,-iiiltv nt corrupt practice l>y virtue of rule 1 ijl of part XXXII. of tho rules: i-11 Klemiii; anil Wynyartl wilfully enlered (lie ' borne for the races aforesaid nut bring eui titled under the rules of rnelnK to ilo so. niul 'are eneb of them guilty of corrupt practice. ; l.v virtue of rule 1 lei of part XXXII. of the rules; iTu each of them. Fleming and Wvnvnril. is guilty " f " hreaeh of rule 7 of" ix'irt XV. of the rules, anil is liable to the ppunlliPK therein provided. Inasmuch us lv- did not μ-ivc the notice io the wereI tary of the Whnngarei Itnring t'lub reuuiroil by rule 7 of part XV. of the rules. in order that the horses Signature mill renniless sliould lie bracketed on the lotnlisalor for the I'oroti Hack Hurdle Handicap: <<ij ilip horse l'ennilcss i« declared to bo disqualified for the I'oroti Hack Hurdle Handicap, and Flemliiß and Wynyard are ordered to forthwith refund to the Whangurol Racing C'luh the slakes paid to Wynynril on the winning of t* ,, I'oroti Hack Hurdle Handicap of October in by Penniless: (7i in respect of the corrupt practice mentioned in the foreßiiing pornpraph No. 3, Fleniiuß and Wynyard nri> hereby declared to be dlsqualitled under the riilus of raping, Fleming for live years from March 10, 1988, and Wynyard for three years from the same date; (Xi in respect Of the corrupt practice mentioned in paragraph No. 4. the same disipialltica tlons are inflicted upon Fleming nnd Wyiiyard as are set forth in paragraph No. -i. A .101.NT ACT. •From this decision Fit-mine appealed Io the ltaclug Conference. and we were appointed liv the president to hear nnd determine the appeal. We accordingly heard the appellant nnd the representative (if the Auckland District Haeing Cuinmlt- I tee. U Hector Wynyard intimating to us that he did not intend to lie present at the hearing of the- appeal. ••After careful perusal of the evidence nnd ( sideration of the arguments submitted to us. we are satisfied that ill the lime of the entry, acceptance, and starling of the horse Penniless in the Illkurangi Hack Handicap and l'oroti Handicap run at the meeting of the Whangarei KacliiK I Club, there was subsisting between Fleming j and U'ynyard a joint Interest in the run- ! ning niul prolitH of the racing of the horse. We nre further of opinion that the entry, acceptance, and starting of thi" horse in the races by Wynyard must lie regarded under Hie circumstances, which obtained us the acts of and binding upon Fleming. The entry therefore must he regarded at the net of both Fleming and Wynyard. The joint iuteresl was not registered, us required by the rules. We are of opinion I Unit bntli parlies did wilfully fail to regtsi ter the joint Interest nnd did wilfully enter I and start a horse which they knew to be ! disqualified. It follows, therefore, that. ! both parties were guilty of a corrupt prueI tice under rule 1 (j) and 1 <<•) of part ! XXXII.. nnd were liable to dlsqiinlillealion I under that rule. We therefore nllirni the I decision of the Auckland District Committee, declaring that the bdYse I'ennlloss be disnuulilied tor the l'oroti Hack Hurdle ! Handicap and ordering Fleming and Wyn- j ; yard, or one of them, to forthwith refund I the stakes paid to Wynyard on winning the i rntC " EQUAfc PUNISHMENT. I "We, however, differ from the decision ! nl' the Auckland District ltncing Committee in one respect. Alter the most painnI taking consideration of the mutter, we see ■no reason for differentiating between the 1 guilt of Klcuiing or Wynyard. or between the punishment to be imposed on them. We . therefore iitlirin the decision at the district ; hoard that Wynyard be disqualified under II he rules of racing for three years, but we 'diminish the term of disqualification imposed itiioii Fleming by reducing the same to three years from March in. 1!>2:;. We ■ accordingly order that Fleming be disqunlilicd under the rules of rniins,' for I three rears from March 18, 11123. The ■ i said disqualification is imposed in respect of each of the corfupt pVadtlceH committed ,'miller rule 1 (j> and rule 1 (el of part . XXXII. of the rules. ■ ••With respect to the racing of the horse ,! Penniless by Wynyard subsequent In October 11)21, w> alßrln tile decision ■of the ! Auckland District ltnring Committee. We think the joint interest. In the running of the horse, must be regarded as determined I In- the parties shortly nfter the Whangarei ' ijacing Club's meeting of October. IU2L, i l.'roi'i thnt date the ownership of the horse was lv dispute. EacTl parly insisted lie was the owner, nf the liorae. and this qitesi tii.ii was only deliTinined at a later date Iby the Supreme Court. We agree with the Auckland District ltiicing Committee that until the determination of the ownership of Hip horse by the judge, it cannot be said that Wynyard did not genuinely believe he cciiild" establish his claim to the ownershin of the horse, and that lie was entitled to race the horse as the owner thereof. Tn ,'these circumstances we cannot regard Wyn--ivard as having committed a breach of the ' rules of racing in entering the horse as his ''own. the joint interest between himself and ■ Fleming having previously been deterJ mined." THE WAKGANUI MEETING. I . i HANDICAPS FOX I.KADIXG KVKNTS. i' (Ry Telegrapli.—Prose Association.) ': WELLIXOTOX. Thutwday. Kollowlna are the handicaps In the two . chief events on the opening day. May li. '. of the Waiiganui Joekt-y Club's Winter ,; M w"n|arTui Steeplechase.—Oakleteh 11JA :' Fvnlorer 11.12, First Line 10.0, Ottturn KUI |3«7 TlserlanS 10.7. 'War Loan ln.-l. Towdcr ic'n'.' nn WhlDcord O.ii. Te Maire 0.8, i SleSt.Dick «.!■; roltliOßue 9.0, Mouhi 0.0. '•• OuilKito 11.0, ]',lick Night !U>. •-Century Hurdles Hnndi.-ap.-lilildfnl :. 11.12, Explorer U.C. Oni.iliu 1»T-'. Viisabond l!l.O. Wmi- Loan 10.S, Malingprei- lij.o. iKohii lO.ti. Black Art 10.C. Kud.ly 111j>. i Comnlex ri.ll I'eter Amans 0.11. Active !».!!. 1, , Whipcord 5».C Croat Fun O.C. Ell Houle 0.4, • White Hanger 0.4, Gold Star 9.2, Tinokaha 1, ftO S.iToury 0.0, -Moulu 0.0, Mangawal 0.0, Slliiß Oamp' 9.0.