JUDGMENT AMENDED

Evening Post, Volume CXXVII, Issue 59, 11 March 1939, Page 22

JUDGMENT AMENDED

DON WALLA'S WITHDRAWAL

(6; Telegraph—Preßa Association.)

CHRISTCHURCH, March 10,

The Board of the New Zealand Trotting Association today heard an appeal from the decision of the Auckland Trotting Club given on an inquiry "into the conduct of N. Cunningham, driver of Don Walla, in the Waiheke Handicap, calculated to injure the Auckland Trotting Club and the sport of trotting and disobeying the lawful order of Mr. A. Commons, stipendiary steward.".

After hearing the evidence given in the inquiry before the Auckland Trotting Club and hearing Mr. L. A. Dougall, counsel for Cunningham, the association came to the following conclusions:—

1. That, from the evidence given, it cannot be gathered that there was any imputation that N. Cunningham had .acted corruptly or dishonestly. 2. That, after going on to the track with the object of racing in the Waiheke Handicap, Cunningham withdrew the horse from the race arid, though ordered by Mr. Commons and also being requested by Mr. J. S. Shaw, stipendiary stewards, to take part in the race, he refused to do so.

3. There was no justification for his refusal.

4. That Cunningham's conduct in taking Don Walla out of the Waiheke Handicap after it was' in the starter's hands, was calculated to injure the Auckland Trotting Club and the sport of trotting. 5. The association, finding that there was no imputation of fraud or dishonesty in Cunningham's conduct, is of opinion that the punishment meted out by the Auckland Trotting Club was, under the circumstances, too severe, and, accordingly, the association varies the judgment in the following way: (a) It removes the disqualification of Cunningham and of the horse Don Walla; (b) it suspends till the end of the 1938-39 season the horseman's licence held by Cunningham and fines him the sum of £50. Cunningham will be permitted to attend race meetings.