SPORTING.

Hawera Star, Volume XLVIII, 17 September 1924, Page 5

SPORTING.

RACING APPEALS

JUDGMENTS OF CONFERENCE

(by TELEGRAPH —PRESS ASSOCIATION.) CHRISTCHURCH; Sept. 16. The appeal of Lionel Clifford Briefly against his disqualification fori, three years by the Auckland District Committe for to supply inforination was heard in Wellington on Monday by the Racing Conference appeal judges, Messrs. C. P Skerret W E Bidwill and O. S. Watkins. The’foL lowing is their judgment:—' “We are celarly of opinion that this appeal should be dismissed. It was quite within the powers of the Auckland District Committee to require Lionel Clifford Brierly to produce before them evidence of the payments made by him into his bank account during the crucial period involved in the charge brought against him. , It was not only evidence relevant to the charge, but might well have been conclusive as .to his guilt or innocence. Moreover, it was evidence which iii one form or other a court of law would be entitled'and, indeed, bound_to require to be brought before it. We think it perfectly illusory for Brierly to say that the production of the evidence was calculated to injure his business.or otherwise operate to his detriment.. Our view is that if Brierly were innocent of the, charge there was no reason why he should-have declined to produce the- required v evidence. We have taken , into .consideration the disqualification imposed, ’and having regard to all the circumstances disclosed in the evidence, we see' no reason to interfere with the decision which the District Committee have, arrived at. We therefore-affirm their decision and order the deposit to be forfeited.”

Arising out of the same case 'was-an appeal by a racecourse inspector (Mr. Cullen) against the . decision of the Auckland District Committee in regard to the inquiry into the charges made against L. C. Brierly. In this case :the judges gave the following decision: “We are of opinion that .we have no jurisdiction to hear or determine this appeal. In our judgment Racecourse Inspector Cullen is not a person aggrieved by the decision of the Auckland District Committee, under the racecourse inspectors’ by-laws or regulations . so fas as they are relevant to this matter. The powers of a racecourse, inspector are extremely confined to investigating any matter which in his opinion calls for investigation and reporting thereon to the president of the Conference, and certain other racing authorities. When these duties have been "performed his responsibilities cease, and he is not concerned in .or affected by the decision which a district committee,, may arrive at upon any matter reported by him)”