Appeal disallowed

Press, Volume CXI, Issue 32612, 21 May 1971, Page 4 (Supplement)

Appeal disallowed

The appeal by the Templeton trainer-driver, C. C. Devine, against the disqualification or his horse, Judy Charles, after she had won the Webb Pace at Forbury Parte on Saturday, May 1, was disallowed at a hearing yesterday in Christ* church.

The appeal judges were Messrs L. Brown, Q.C., of Auckland (chairman), A. C. Fraser, of Rangiora, and G. D. Kelly, of Methven. Mr P. G. S. Penlington, of Christchurch, appeared for Devine and Mr B. McClelland for the Trotting Conference.

Judy Charles won the Webb Pace, but after an inquiry she was disqualified for causing interference to Fort Knight, driven by K. Dixon.

Devine had his driver's licence suspended for one month for causing interference, and later an additional month was imposed for misconduct towards one of the witnesses at the inquiry. After the appeal, which was dealt with as a full rehearing, the judges said in their findings that they came to the very clear view that interference had been proved and was sufficiently serious to cause Fort Knight to break and virtually lose all chance in the race.

"The evidence given by the patrol stewards and by Dixon, which was clear, was we felt

convincing, particularly by comparison with the unsatisfactory nature of much of the evidence given by Devine. Bis evidence suggested a certain vagueness, If one accepted it on face value, as to where the other horse was when he made his move and it certainly led to the possible inference that he made his move in disregard to the presence of the other horse, and what his move might do to its chances.

. *We therefore find that interference has been proven and the appeal in that respect is dismissed.

*We have further considered the appeal relating to penalty. We take the view that the matter which concerns us is the the nature of the interference. We take a serious view of it and regard the disqualification of the horse as the only proper penalty. We uphold that disqualification and therefore dismiss the appeal in respect of that' aspect as well.”

The judges said they would like to recommend that the conference give serious consideration to the importance, which the appeal seemed to demonstrate, of the filming of races, particularly on a course where racing is extensively done, as at Forbury Park.

No order was made with regard to costs but the appeal deposit was forfeited.