Appeal Of Racing Judges In Commanding Case Allowed

Press, Volume CII, Issue 30154, 11 June 1963, Page 8

Appeal Of Racing Judges In Commanding Case Allowed

(N.Z. Press Association) WELLINGTON,

June 10,

- In a reserved decision delivered this morning the Court of Appeal allowed an appeal brought bv \V. S. Holland, P. G. Vercoe, and A. McNab, appeal judges appointed by the New Zealand Racing Conference, against a judgment of Mr Justice Leicester.

Mr Justice McCarthy said the appeal was from a judgment of Mr Justice Leicester, declaring invalid a decision of the appeal judges appointed by the president of the New Zealand Racing Conference to hear appeals in respect of charges relating to the horse Commanding which won the Wellington Guineas at the Wellington Racing Club's meeting at Trentham o n October 14, 1961. Charges relating to the administration of a drug to the horse were laid against the owner, George Scott Walton (the present respondent), the trainer, and a jockey employed by the stable. Suspension

The Wellington District Committee before whom the charges came originally, held certain of the charges of corrupt practices to be proved against all three and imposed penalties of suspension.

The charge under Rule 103 (7) which, if established, would have involved liability to disqualification of the horse, and consequential forfeiture of the winning stake of £l3OO was held not proved. The respondent and the trainer appealed from the convictions on the corrupt practices charges and the Racing Conference crossappealed in respect of the dismissal of the disqualification charge The appellants heard those appeals on January 31, 1962. They dismissed the appeals of the respondent and the trainer, but varied the periods of disqualification. They allowed the appeal of the Racing Conference and disqualified the horse. Mr Justice Leicester, on December 18. 1962, held that the evidence was not capable of sustaining the disqualification charge

The Court of Appeal found today that it was force'd to

the view that there was a considerable body of evidence which the appeal judges were entitled to accept as establishing the prosecution's case.—

The evidence of the two veterinary surgeons, Messrs Allan Mac Kay and A. G. Green, as to their observations of the practical effect of large doses of vitamin Bl in improving muscular complaints in a horse. The evidence of widespread use of this vitamin among veterinary surgeons for purposes such as lameness or soreness, as distinct from its use as a normal dietary requirement.

The opinion of the two pathologists Drs. P. P. Lynch and J. C. Mercer that in large doses the drug was capable of affecting the speed, stamina, courage or conduct of a horse. The evidence of the respondent himself as to the advice received by him from the Australian veterinary surgeon prescribing the use of Bl tablets to improve a conditioning of stiffening of the shoulder. The respondent's own observations and those of his trainer of actual improvement in the shoulder condition, occasioned by the use of tablets. The fact that the jockey, who administered the dose.

obviously dfd so in the belief that it would improve the ability of the horse in the particular race.

“This taken in its totality provided adequate evidence on which the appeal judges could hold that the drug was capable of affecting speed, stamina, courage or conduct, within the terms of the rule," his Honour said.

The Court of Appeal comprised Mr Justice North, Mr Justice Turner and Mr Justice McCarthy.