INJURY TO MALA

Evening Star, Issue 22682, 23 June 1937, Page 4

INJURY TO MALA

CLAIM FOR DAMAGES Press Association—By Telegraph—Copyright , SYDNEY, June 22. The evidence in the Mala case, today was directed to showing that Mala, was very excited after the tram mishap. He required hosing on the course before the Derby, and appeared slightly lame. Keith Raymond Guthrie, of New Zealand, who had charge of Mala on the morning of the said that Talking beat Mala in, the Derby. Gold Rod was third. Guthrie declared that he had not heard the veterinary officer tell Russell on the Randwick course that Mala was quite fit to take part in the Derby! Asked by Mr Lamb, K.C., who is appearing for the Transport Commissioner, whether it would be cruel to start a. horse which was lame, Guthrie replied: “ It 1 would appear so, but it is done every day in the week.” Maurice M'Carten, the rider of Gold Rod, described the running of the Derby, He said that Mala finished well, and on his Derby run would have been a “good thing” for the Glibborn Stakes, from which he was scratched. Mala finished well in the Cox Plate at Moonee Valley and in the Melbourne Cup, but he was sore after the Cox Plate. This condition might in some way be connected with the injury suffered in the tram accident. Russell gave evidence* that he was sure he was going to saddle the Derbywinner 'with Mala but the accident upset him and made all the difference between a win and a loss, and the following day the colt walked short with his front leg as well as his hind leg. ■ The hearing 'of the case was adjourned. [Frank Edgar Russell, the owner and trainer of Mala, is proceeding in the Supreme .Court against the Commissir rof Road Transport and Tramways to recover £2,000 (not £3,000 as previously stated) damages owing to injuries’to Mala. The horse was struck by a tram on the morning of the A.J.C. Derby on October 3.]