RACING APPEAL

Dominion, Volume 25, Issue 167, 11 April 1932, Page 10

RACING APPEAL

Suspension Confirmed

CASE OF H. E. GRAY

Decision of Appeal Tribunal

The appeal against the decision of the Auckland District Committee in the Antique case has been heard and considered by the specially appointed appeal judges of the New Zealand Racing Conference (Messrs. 11. Johnston, C. W. Tringham, and H. F. O’Leary), and their judgment, announced on Saturday, reverses the decision of the Auckland District Committee and restores the decision of the Te Arolia Jockey Club’s judicial stewards suspending the jockey, H. E. Gray, for three months for his riding of the Horse Antique in the President’s Handicap at the Te Aroha meeting on February 29 last. The judgment of the appeal judges is as follows : — , “In the matter of the appeal directed bv the Executive Committee of the New Zealand Racing Conference under Rule o 7 of the Rules of Racing, in connection with the decision of the Auckland District Committee in upholding the appeal of H. E. Gray, jockey, against the decision of the Judicial Committee of the Te Aroha Jockey Club on February 29 last In suspending Gray for three months under Rulo 290 (2) for his riding of the horse Antique. “The decision we are directed by the president to review is that of the Auckland District Committee allowing an appeal by H Gray against a decision of the Te Aroha Jockey Club suspending him for a period of three months on the ground that the horse Antique, Ttdden by Gray in the President’s Handicap at Te Aroha on the 29th day of February, 1932, was not run on its merits. “We have thoroughly and carefully considered the reports of the proceedings before the Judicial Committee and the Auckland District Committee and the evidence given before those tribunals, the further evidence advanced before us. and the submissions of the interested parties. “The officials whose special duty was to watch the running of the horses at the meeting at which the offence was alleged to have taken place were the Judicial Committee of the Te Aroha Jockey Club (composed of experienced racing men) and the Racing Conference’s stipendiary steward present at the meeting. “In our opinion, if, after proper Inquiry and investigation, the judicial stewards, whose duty it is to supervise the racing, come to the conclusion that an offence against the Rules of Racing dependent upon the observation of the running of a norse in a particular race has been committed, subseciuent evidence, must be very strong and convincing to enable it to the unanimous conclusion of those entrusted with the special duty of observation and inference in the particular matter CO “wl al conslder that the Judicial Committee of the Te Aroha Jockey Club was fully justified in its finding on the evidence placed before it, and on its own observations, aud in our opinion the further evidence given on behalf of Gray before the Auckland District Committee was not o*f such a nalture as to warrant the Auckland District Committee in disturbing or reversing that finding. “We have carefully considered the weight that should be attached io the additional evidence referred to and to the additional evidence submitted to us. 'We are of opinion that it cannot be held sufiicient to cast any reasonable doubt as to the accuracy of the evidence given by the stipendiary steward and on the observations of the Judicial Committee or on the correctness of their conclusions. “Our reason for this opinion Is that in the main the additional evidence was of witnesses who closely observed the running of Antique only over the very last stages of the race, and the evidence to the effect that Gray deliberately failed to put his horse in a position to have a favourable chance is, apart from Gray’s own evidence, uncontradicted. . j ■ . “We therefore decide that the decision of the Auckland District Committee should be reversed, and that the decision of the judicial stewards of the Te Aroha Jockey , Club be restored.”