THE TAMA-A-ROA CASE

Evening Post, Volume CV, Issue 90, 16 April 1923, Page 8

THE TAMA-A-ROA CASE

A DISQUALIFICATION REMOVED,

In the matter of the appeal by P. A. Swney, owner of the horse Tama-a-roa, against the disqualification of the horse Tama-a-rca under Part XXIV., Rule 4, of the Rules of Racing consequent upon the disqualification of S. Les Boles, the previous owner, by the Auckland District Committee, the judgment of the New Zealand Racing Conference judges (Messrs. C.'.P. Skerrett, 0. S. Watkins, and W. E. Bidwill), is as follows :— This is a case in which P. A.. Swney states that he purchased the horse Tama-a-roa from S. Les Boles in perfectly good faith and without any knowledge whatever. that a breach of the Rules of Racing had been committed by the said 8. Les' Boles, prior to the date of the sale of the said horse Tama-a-roa.

S. Les Boles, the previous owner of the horse Tama-a-roa, was, % some months after the sale by him to P. A. Swney of the horse, disqualified by the Auckland District Committee for a term of three years from 15th March. 1923, for corrupt practices committed by him on or about '.he'llth and 12th March, 1921. Under Part XXXII, Rule 4, of the Eules of Racing it is provided that no horse of which a disqualified person is, or of which he was at the time the offence was committed, the owner, Bhall be qualified to be entered or to start for any race. Provision is also made whereby any person owning or having any interest in a horse which by reason of this rule has become subject to the disabilities therein specified, may appeal to the conference, and the judges appointed to hear the appeal may confirm or remove the disabilities in whole or in part or grant such other relief to the appellant or make such order in the premises as to them may seem meet. • •

We are satisfied that P. A. Swney purchased the horse Tama-a-roa in good faith from S. Ees Boles, and we order the removal of the disqualification of the said horse Tama-a-roa as from the date of the purchase by P. A. Svrney from S. Les Boles, viz., 3rd April, 1922.

We direct the deposit to be refunded to the appellant.