Suspension quashed —costs awarded

Press, 12 October 1988, Page 46

Suspension quashed —costs awarded

The Wingatui apprentice, Debbie Anderton, had a threeweek suspension quashed and was awarded $5OO costs after an appeal against a charge brought against her at a Canterbury Jockey Club meeting, on September 30, was successful in Christchurch yesterday.

Anderton had been found guilty of giving false information regarding the use of unauthorised gear on the horse, Argyll, at that meeting. She was suspended until October 24 but appealed on the grounds that the judicial committee of the day was not qualified to have heard the case. The section under Rule 328, which was the centre of the charge, can only be dealt with by the executive committee of the New Zealand Racing Conference or a Conference

appointed sub-committee. Anderton’s deposit of $2OO was refunded.

The appeal sub-commit-tee of the Canterbury District Committee found that all concerned, under the pressure of raceday, had acted in good faith in laying the charge and having it heard by the judicial committee. However it was critical of two aspects of raceday proceedings. The first was in regard to the point that, the judicial committee made reference to the fact that

the suspension period, in respect of the charge of supplying false information, also covered the further offence “of the attachment of a bit device.” The appeal committee accepted that Anderton was not charged with having carried out any such act and reference to it should be deleted from the Conference records. The committee also commented on the fact that Peter Williams, the co-trainer of Argyll, and a co-defendant in the case, was also the person in

charge of Anderton for that day’s racing. The appeal committee stated that the raceday judicial committee ought not to have allowed the charge to have proceeded against Anderton without being satisfied she was represented in the manner which the rules contemplate. It was of the opinion that Williams in the circumstances could not do justice to the intent of rule 323 that “he be present for the purpose of assisting and safeguarding” Anderton’s interests.