Conviction annulled

Press, 14 August 1976, Page 19

Conviction annulled

PA Wellington; }. The conviction and the penalty imposed on Riccarton trainer D. M. Kerr for a! •(charge of misconduct last (year have been annulled. (’ This announcement was| imade in a release from the ( (secretary-manager of the( (New Zealand Racing Con-( iference, Mr A. R. Algie, yes-' I terday. ( On December 29. 1975, the; (judicial committee of the: (South Canterbury Jockey (Club heard a charge of misiconduct laid against Kerr by (the racecourse inspector, Mr] K. T. F. Samson. The charge was found to! be proved and Kerr fined: $lOO. Kerr appealed against; the decision and this was! heard by a sub-committee of’ the Canterbury’ District I Committee. The finding was upheld, 1 but the fine reduced to $5O. | kerr appealed to the appeal | judges of the Nev,’ Zealand: Racing Conference against; the decision of the district' (committee. One of the grounds of hisappeal was that the district, committee had comprised four members rather than (the three, five or seven as] ‘required under the rules of! racing. - At the hearing before the( appeal judges the appeal was upheld on these grounds, but (the judges held that as the; (district committee had not) been properly constituted.; (the appeal could go on: (further and would have to be. (referred to rhe executive: e committee of the conference.! In al! of tlie circumstances' having regard to the! cl;fact that three hearings had ni already been held, the race-! ‘■course inspector instructed: J his counsel to say to the e( appeal judges and to Kerr i- that he considered that he! ''would not be justified in pro-! .. (ceeding with the matter any! «■ (further. f! In accordance with the decision of the appeal judges a s( sub-committee of the execu-t-tive considered . the balance „as referred to it by the n judges. c j The sub-committee decided that in the circumstances the is i proper course was to uphold the balance of the appeal 4 without requiring the parties "(tn attend any further hear--rjings. The conviction and the 15 ;penalty have been annulled.