RACING APPEAL.

New Zealand Herald, Volume LXIX, Issue 21153, 9 April 1932, Page 10

RACING APPEAL.

ROTORUA SCRATCHINGS. the: case of sir mond. S DECISION AGAINST CLUB. [BY TELEGRAPH.—OWN CORRESPONDENT.] "WELLINGTON, Friday. The appeal by the Rotorua Racing Club against the decision of the -Auckland Dj s . trict Committee in upholding the appeal of Mr. E. H. Cucksey, owner of Flying Prince, against the decision of the stewards of the Rotorua Racing Club in dismissing Mr. Cucksey's objection against Sir Mond, owned by the Hon. E. \V. Alison, being awarded first place in the Mokoia Handicap, run ori February 15, has been dismissed by the judges of the NW Zealand Racing Conference. The judgej were Messrs 0. S. Watkins, D. M. Findlay and J. W. Card. The judgment was as follows:—"After having carefully considered the evidenca placed before us, and having heard further evidence from a representative of the Rotorua Racing Club, we are of the opinion that the'stewards of the Rotorua Club had no authority to reinstate the horse Sir Mond after such hoi-se had been scratched for the Mokoia Handicap. In our opinion rule 318 (M), relied upon by the appellant as giving discretion to the stewards, has no application to the circumstances of the case under consideration. "It is not a question of whether discretion given to a racing authority wai reasonably exercised or not. It is a question of whether they had any discretion at all, and we find that, they had no such discretionary power. The stewards no doubt acted on the assumption that they had power and there is no question whatever as to their bona fides in the matter. "The appeal is therefore dismissed, and we order that the deposit be refunded."The Mokoia Handicap was to have been run at the Rotorua Club's meeting on Saturday, February 13, but on account of the state of the track as the result of rain, it was postponed until the following Monday. Prior to the postponement the three horses left in", Flying Prince, King Ford and Holly Holm, were parading at the post in readiness for the sta;;t. The stewards decided to cancel all scratchings and when the race was run on th« Monday the field was increased to five, and Sir Mond, one of the newcomers, won from Flying Prince, with Glenstar third and Holly Holm fourth. A protest by Mr. Cucksey, owner of Flying Prince, on the ground that -Sir Morid's withdrawal on the Saturday should have barred him from competition in the race was dismissed by the committee of the Rotorua Racing Club. Mr. Cucksey then appealed to the Auckland District Committee, which upheld his E,ppeal, the effect of this decision being to disqualify Sir Mond for the race and entitling Flying Prince to first money.