RACING APPEALS FAIL.

New Zealand Herald, Volume LXI, Issue 18880, 1 December 1924, Page 10

RACING APPEALS FAIL.

DISQUALIFICATION STANDS.

JONES AND McCARTEN.

RECIPROCAL AGREEMENTS.

MERITS OF CASE NOT REVIEWED.

[BY TELEGRAPH. —PRESS ASSOCIATION.] CHRISTCHURCII. Sunday.

Judgment has been given in the appeals lodged with the New Zealand Racing Conference by F. D. Jones and M. McCarten against the decision of the Australian Jockey Club in dismissing their appeals against the disqualification imposed upon each of them for a period of 12 months from August 9, 1924, by the stipendiary stewards acting for the Canterbury Park Racing Club in tho State of New South Wales.

The judgment states: —"Tho appeals were presented to us, being under rule 4 of part XXXII., but the appellants at the outset of appeal were informed that the judges would have to consider whether they should act upon the judgment of the Australian Jockey Club and proceed under rule 1 (n) of that part. They were invited to submit for the consideration of the judges any facts or reasons why this course should not be adopted. The names of the appellants have been placed on the New Zealand list of disqualifications pursuant to rule 4 of part XXXII., in consequence of the sentence of the Australian Jockey Club, but we are of opinion that the rule gives the judges no power to remove the disqualification imposed on the appellants, as neither of them was the owner nor had an interest in the horse Royal Despatch, whose running was investigated by the New South Wales racing tribunals. The last sentence of rule • 4 of ,parti XXXII., in our opinion, implies that the disqualification imposed by any recognised club in any country may be adopted and acted upon in New Zealand. For the above reasons alone we think that tho appeal must bo dismissed. Bound by the Rules.

"We feel, however, that it is our duty to deal with the matter under rule 1 (n) of part XXXIL Under that rule, any person in New Zealand, or any other country, who is guilty of corrupt practice, may be disqualified for life or a specified period. The appellants have been adjudged guilty of corrupt practices within the meaning of the rules of the Australian Jockey Club committee in New South Wales in connection with the running of the before-mentioned horse, and have been disqualified for 12 months. Rule 3 of the rules of racing of the Australian' Jockey Club provides that any person who takes part in any matter coming l within those rules should be held to consent to be bound by them. The appel- 1 lants have exhausted their rights of appeal under the rules of racing of the Australian Jockey Club arid, in the result, the Australian Jockey Club, which is the final racing tribunal of the State of New South Wales, has affirmed the conviction of the appellants which now stands and is operated in New South Wales. Bound to Give Effect to Decision. "We feel bound to act upon and give effect to the decision of racing tribunals rin New South Wales. Such a course is j consistent with and required by the existence of separate reciprocal agreements for the enforcement of judgments and disqualifications made between turf authorities in England (inter alia) and the New Zealand Racing Conference and the Australian Jockey Club respectively. Disqualification by the Australian Jockey Club is as effective both in England and Now Zealand as a conviction by the English Jockey Club. Otherwise these reciprocal agreements would be inoperative in any individual country and in. any special case at the pleasure of any one of the 30 primary racing tribunals throughout the world. "We have made application to the chairman of the Australian Jockey Club for the evidence upon which the disqualifications were based, but this application has been refused. Such refusal would have placed us in a difficulty if ii had become necessary on this appeal to review the decisions of the racing tribunals in New South Wales. We have, however, satisfied ourselves that their procedure was regular and that the appellants were given an opportunity of presenting their defences before the tribunals. We feel bound, therefore, to adopt and affirm the decision of the New South Wales.racing tribunals, and adjudge that the appellants committed in New South Wales the corrupt practice before mentioned (which also would be a corrupt practice under our rules of racing), and we must therefore disqualify them within New Zealand for a period of 12 months as from August 9, 1924. Deposits to be Refunded. "The appeals are therefore dismissed, but the deposits are ordered to be fefunded. It may be mentioned that the two appeals were by consent heard together. We desire to make it clear that we ourselves have corne to no conclusion upon tho merits of the disqualifications imposed by the Now South Wales racing tribunals. In any, case we have not had before us the material to enable us to do so. Under all the circumstances we felt that we ought to act upon the decision arrived at by the tribunals before mentioned."

The judgment is signed by Sir George Clifford, Mr. C. P. Skerrett, K.C., and Mr. A. F. Donnelly.