Count Mayo’s owner to seek injunction

Press, Volume CXVI, Issue 34128, 14 April 1976, Page 8

Count Mayo’s owner to seek injunction

CN Z. Press Association) SYDNEY. i The owner-breeder, Mr Fred ‘Calvin, and the jockey, Peter Cuddihy, will petition a judge in equity for an order quashing their 12-month disqualification by the Australian Jockey Club. As a preliminary, Mr Calvin •will ask the judge this morning for a temporary order which would permit Sticks and Stones to be declared a runner in the Galaxy at Rand wick next Monday. The Australian Jockey Club committee dismissed the appeals of Messrs Calvin and Cuddihy on Monday, but upheld the appeal of Ron Dawson, the stable • foreman. The three men were disqualified for 12 months bv the A.J.C. ' stewards on March 26. following an inquiry into the running of the New Zealand-bred Count; I Mayo at Randwick on March 13.' I Count Mayo, the 6-4 favourite.' ■fin’shed fourth. The stewards found Cuddihy guilty of not allowing Count Mayo to run on his merits. Cal-; vin and Dawson were charged« with being narties tn th® breach.' The A.J.C. committee’s decision came after a marathon hear-

i ing that extended over two dax s ; and occupied almost 21 hours. Mr Calvin and Cuddihy left the A.J.C, office immediately they heard that their appeals had been dismissed. ! They accompanied their legal advisers back to their city offices to orepare affidavits and documents to present to a judge in equity first thing yesterday i morning I The judge has the power to I grant an injunction ex parte; in other words without hearing the A.J C. committee on the matter. Mr Calx in hopes for an fnjunc-j tion that will permit Sticks and; i Stones to be declared a runner for the Galaxy, with Mr Cabin still a part-owner. The trainer. “Hart” Cummings, j has naid up for Sticks and Stones to run in the Galaxy, but under; disqualification. Mr Calvin can-’ not race horses. If the injunction cannot be obtained M- Calvin will sell his! share in Sticks and Stones to; allow colt tn take his place; tn the rich snrint. Lawvers said last night that a judge could ffrant an injunc-. tion to enable Stick* and Stone®' to be a final acceptor, but then ry

; order a hearing later this week to decide if the colt Is to run. ‘ The only witness who was 'questioned at the appeal hearing on Monday was Ron Dawson, ’stable foreman for Cummings. He was interrogated for an hour and 40 minutes. Dawson, who earlier told the ; stewards he had been satisfied x’.ith Cuddihy’s riding of Count Mayo, said on Monday that he ■had not been satisfied. ‘T was curious why he had • not pulled the whip. I had made my mind up to speak to Cuddihy ’ later in the day. but the stewI ards began their inquiry.” Dawson said. When Dawson was asked why he had not told the stewards ! that he had changed his mind ' about Cuddihy’s riding, he replied: “T was told not to say ; anx-thing b\- mx- legal adviser.” Mr Douglas Staff. Q.C., who appealed for Mr Calvin, said it, \» as significant that not one of I the steward® had bothered to ! inspect Count Mayo after the “They should have checked. That’s the vital niece of evidence that could hn’e set aside the doubt on th* horse’® fitness, but, they didn’t do It,” Mr Staff laid.;