Appeal In Swab Case Succeeds

Press, Volume CIX, Issue 31976, 1 May 1969, Page 5

Appeal In Swab Case Succeeds

(N.Z. Press Association) WELLINGTON. A Tauranga owner-trainer, T. J. Magee, was disqualified for six months at an appeal hearing in Wellington yesterday. The appeal, by a racecourse inspector (Mr J. M. Fleming), challenged a 1500 fine Imposed on Magee by the Hawke’s Bay District Committee after his horse. Odeon, returned a positive swab following its win in the Pahiaiua Cup at Woodville on January 8. The appeal was heard by Messrs D. Perry (chairman), H. H. Elworthy and P. G. Vercoe. Mr T. F. Fookes appeared in support of the appeal and Mr

S. G. Lockhart, of Auckland, represented Mr Magee. The appeal judges, in a written judgment, said the case presented unusual aspects "in that it appeared that Magee, from the Inception of the inquiry, had been completely frank with the conference inspectors.”

This properly influenced the district committee in arriving at its decision, the judges added.

Magee had also been "frank and honest" in his evidence before them. The facts disclosed, according to the judgment, were that Magee had been feeding his horses Collovet. a proprietary remedy containing caffeine; that he had entrusted the feeding of hie horses to an employee in whom he claimed to have complete confidence; and that this employee had fed Collovet to Odeon on the Sunday and Monday before the Paniatua Cup on Wednesday, January 8. without his knowledge and in breach of his instructions.

• The district committee, said the judges, had rightly convicted Magee of failing to take all proper precautions to prevent the administration of the drug. The only question for the judges was whether the monetary penalty imposed by the district committee was a proper one. The judge* concluded that in giving his employee a free hand In the use of Collovet, Magee had been guilty of a grave breach of the negligence rule. He had frankly admitted that he knew the danger of feeding Collovet to a horse before a race, yet he had entrusted to his employee the supply of Collovet he had had in his possession. The judges were unanimous that any trainer who took the risk of feeding Collovet assumed "a very real responsibility” to see that it was administered only under his direct and personal supervision, and that here the trainer had failed in his obligation. The judges decided that a period of disqualification should be substituted for the monetary penalty imposed by the district committee, but having regard to the extenuating circumstances expressed by the district committee in a rider to. its finding, they handed down a three-part verdict:— In lieu of the monetary penalty Magee was disqualified for six months from yesterday. The order of the district committee that Magee pay 8100 toward the costs of the inquiry was allowed to stand. Magee was Allowed three months to dispose of his horse* should he so desire.