APPEAL TO COURT

Dominion, Volume 37, Issue 210, 2 June 1944, Page 3

APPEAL TO COURT

Disqualification Of Trotting’ Owner (Bv Telegraph.—Press Association.) CUIUSTCIIbTU’H, June 1. A much discussed trotting incident involving (lie disqualification for five years of Bnimbell Clifford Dec, hotelkeeper, of Tiimii-n, ami horses owned bv him. was the subject of proceedings taken m the Supreme Court this morning before Mr. Justice Norlherol’t. . .... Lee sought an onler .setting aside tne decision of the appeal judges dismissing his appeal, an injunction Io prevent tlie enforcement of that decision, ami also an injunction to have bis name ami th’’ name of his horses removed from the list of disqualifications. The defendants were .I.oltu August, mei'chant, of Wellington ; Edward Bt'idgens, manufacturer, of Auckland; Burrows Stokes Irwin, solicitor, of Dunedin; Allan Matson, stock and station :]S'’nt. of Christchurch; and Harry Nicoll. exporter, of Christchurch, members ot tne executive of the New Zealand Trotting Conference. Air. 11. F. <• Leary t Wellington), with him'Mr. W. J. Meade (Dunedin), appeared for Dee, and -'■rC. S. Thomas for the detendants. The statement of claim set our, inter alia, that plaintiff was the owner of the (rotting horse Premier Royal, who won the Otipua Handicap tit Tiinaru ou April 10. T..H3. , x . ~ Subsequent, to the race the New Zealand Trotting Association heard a complaint against idaintitl "that, being the owner of Premier Royal, he. corruptiv entered into an agreement with 1. IL Guuniiig, trainer of the horse, that the horse should not be a trier in the Otipua Handicap, such arrangement being detrimental to the interests of trotting. . The New Zealand Trotting Association delivered its decision that plutulifl: was guilty of corrupt, practice and imposed a fine of £lOO .-ind disqualified him and all horses owned by him for live years. Plaintiff appealed to the conference agaiust the decision ot the association. That appeal was dismissed. Plaintiff held that the decision was erroneous in fact and not in accordance with the Rules of Trotting,, and that there was no evidence on which such a decision could reasonably have, been made. The case is proceeding.