WRITS AGAINST RACING OFFICIALS WITHDRAWN

Grey River Argus, 2 November 1948, Page 6

WRITS AGAINST RACING OFFICIALS WITHDRAWN

WELLINGTON, November 1.

On the grounds that there was no prosecution, Andrew Dick Reid Duncan, hotelkeeper, through his counsel, consented to the dismissal of his plaints in respect of inquiries by racing authorities into a charge that he had offered a bribe in regard to a horse race.

Members of the Wellington district committee and appeal judges appointed by the Racing Conference applied for the dismissal, and this was granted by Mr Justice Hutchison. Duncan’s statement of claim, on which he based his writs against the racing officials, set out that on or about July 17 the Wellington district committee held an inquiry under the rules of racing into the running of the racehorse Iron Duke at Tauherenikau on April 5, 1947. Duncan attended before the district committee on July 17, 1947, when the committee heard evidence intended to show that Duncan had offered a bribe for the purpose of inducing the owner of Iron Duke to prevent the horse from winning. Contrary to the provisions of the rules of racing the committee heard part of the evidence in the absence of the plaintiff and allowed him ho opportunity to cross-examine witnesses heard in his absence.

CONTRARY TO JUSTICE On July 24, 1947, the members of the district committee held an inquiry into a charge brought against Duncan to the effect that he had offered a bribe. At this inquiry members of the committee, contrary to the rules of racing, and to’ the principles of natural justice, refused to supply Duncan with a copy of the notes of the evidence taken at the first inquiry, and they proceeded to decide that Duncan was guilty of the bribery charge. . Duncan, being dissatisfied with the decision, brought an appeal before the conference judges on September 24, 1947. On this occasion, Duncan alleged the judges refused to allow him to cross-examine witnesses against him, and did not require the attendance for cross-examination of witnesses who had given evidence before the district committee, and they decided that his appeal should be dismissed.

Duncan prayed for judgment on the following grounds:— (1) For a declaration that the proceedings on July 17, 1947, were null and void, and for a declaration that he was not, nor never was, affected under the rules of racing. (2) For, a declaration that the proceedings of July 24 were null and void.

(3) For a declaration that the proceedings by the judges of appeal on September 24, 1947, were null and void.

Mr E. D. Blundell appeared for the racing officials, and Mr T. G. Taylor for Duncan. Costs amounting to £2B 7s were allowed.