Placings changed for third time

Press, Volume CXI, Issue 32566, 27 March 1971, Page 8

Placings changed for third time

(N.Z. Press Association) WELLINGTON. Three appeal judges of the Racing Conference on Thursday reversed a decision of the Waikato district committee of the conference, which had allowed an appeal against a relegation. The horse involved was Antenor (A. Colven), which won the Bertram Handicap at Rotorua on February!! from Craftsman and Mighty Pal. After an inquiry instigated by the stipendiary steward. Mr A. E. Bird, the placings were changed to Craftsman first, Mighty Pal second and Antenor third. Colven was suspended until February 20 for careless riding. The owners of Antenor, Messrs B. J. and C. M. Rickards, and Colven appealed against these verdicts to the Waikato district committee. Coiven’s appeal was dismissed but the owners* appeal succeeded and

the pladngs were restored to their original sequence. The sitting on Thursday heard an appeal against that decision by Mr Bird. The judges were Messrs R. A. Young (Christ* church, chairman), A. Hamilton (Wellington) and S. J. Holmes (Taranaki). Mr T. F. Fookes represented Mr Bird and Mr C. M. Rickards appeared for Antenor’s owners, the second respondents. The Waikato district committee was cited as the first respondent, but it was noted in the judgment that this tribunal was not represented. Mr Bird’s appeal was based on three grounds: that the decision was against the weight of evidence, that the district committee failed to have sufficient regard to the Rotorua judicial committee’s advantages in seeing the race and hearing witnesses, and that the evidence before the judicial committee clearly established that Antenor affected Mighty Pal’s chance. The appeal judges had before them the evidence heard by the Rotorua judicial committee and the submissions heard by the Waikato district committee. They also viewed a film of the relevant part of the race, heard submissions from Mr Fookes on behalf of Mr Bird and from Mr Rickards on behalf of Antenor’s owners.

The judges concluded that Antenor had interfered with Mighty Pal in the straight and had affected his chance in breach of the rules. Accordingly the appeal was allowed. Craftsman was placed first, Mighty Pal second and Antenor third.

In the course of the suhmis* sions reference was made to a 1932 appeal involving the horse, Antique, and the appeal judges in today’s hearing adopted the Antique judges’ decision. They made particular reference to the Antique judges’ consideration that “if, after proper inouiry and investigation, the judicial stewards come to the conclusion that an offence against the rules of racing dependent upon the observation of the running of a horse has been committed, subsequent evidence must be very strong and convincing to enable it to override the unanimous conclusion of those entrusted with the special duty of observation and interference in the particular matter complained of.” The judgment noted that as the appeal had resulted from a review of a decision of the Waikato district committee there would be no order as to costs.