AX IPPEAL DISMISSED.

Otago Witness, Issue 2860, 6 January 1909, Page 58

AX IPPEAL DISMISSED.

AUCKLAND, December 29. The following decisions have been phen in the matter of the appeal b\ the Po\errv Bay Turf Club against the decision of rhe Hawke'a Bay Metropolitan Committee in refusing to uphold the decision of the s>ewards of the Po.ert,\ Bay Turf Club to disqualify B. Deele.v for the period of <ix months for his liding of Andrew Mack in the Wakanae Handicap on October 30. ond in upholding the appeal of Dpele\ :—"ln: — "In respect of the said matter and in refur-i'i^ | to confirm the decision of the steward-, of the Poverty Bay Turf Club to disqualify the owner (J. Struthers), and the .hoi=e (Andrew Mack), we have heard and con- j lidored the appeal of the Po\erty Bay Turf I Dlub in this matter. First, we are of j opinion that it wa« open to the Hawke's j fay Metropolitan Committee to hear rl-e ippeal to it inasmuch a ; Deeley was sen:«nced for ' not ridin» his horse out,' vhich we decide to be a question of opinion and not a question of fact,' under ]iile I ' of part XXXI ot the Rules of Racing. | Second, that in view of the difference in . lietonces and weights in the two raceo in vhioh Andrew Mack and Tarina met, and , n iow of other pprforinaiucs of the two ! lories, theiv form in these races could not >c regarded as inconsistent or suspicious. Phird, that no confirmatory e\idencp has >een produced lending- to chow any motive or D&ele%'s alleged malpractice. We, herefore, concur in the decision of the lawke's Bay Metropolitan Committee, aiid I ismiss the appeal of the Poverty Bay Tuif j in all its particulars. We direct ihe eposit in this case to be returned. (Signed) !eo. Clifford, R. C. Earle, Geo. Palmei "