APPEAL CASES.

Otago Witness, Issue 3234, 8 March 1916, Page 57

APPEAL CASES.

DECISIONS OF THE JUDGES. WELLINGTON, March 3. The Racing Conference Appeal judges tg« day made known their nnding in the Croesus case, which had been referred to them. In the matter of the appeal of the Hawke's Bay Jockey Club from the decision of the Hawke's Bay District Committee, which refused to endorse the decision o| the Judicial Committee of the Hawke's Bay Jockey Club disqualifying the owner (G. F. Hardy), the trainer (J. S. O'Neill), two jockeys (ii. B. Lorrigan and H. Griffiths), and the horse Croesus in the Summer Handicap, run at Hastings on January 3, the judges found as follows: —"The Judicial Committee of the Hawke's Bay Club, after the consideration of the evidence, taking into account the personal observations of stewards, decided that Crcecus was pulled in the above race. The District Committee for Hawke's Bay does not differ from this decision. Upon a review of the evidence wo see no reason for dissenting from thi finding. Wo are of opinion that there i$ no power under rule 2, part XXXIII to dis 4 qualify an offender during the pleasure o£ tho stewards of the committee of a club. The disqualification must be for a fixed specified period. We cannot exonerate the owner (G. F. Hardy), and the trainer (J, S. O'Neill) from complicity in the pulling of the horse. Wo further think that th» owner was guilty of the corrupt practice specified in rule 1 (H), part XXXIII. W$ disqualify the owner and the trainer under rule 1, part XXXIII, for a period of 12 months from the date of this decision. We affirm the decision of the Judicial Committee that H. Griffith (the rider of Pursefiller in the above race) was guilty of the corrupt practice mentioned in rule 1 (II), part XXXIII, and suspend his licenso for three months from January 3. The disqualification of the jockey of Croesus (H. B. Lorrigan) by tho Judicial Committee ot the Hawke's Bay Club, having been confirmed by tho District Committee, we disqualify him under the before-mentioned rule for six months from January 3. George Clifford, C. P. Skerrett, O. S. Watkins." In the matter of the appeal of the Taka-t puna Jockey Club against the decision of the Auckland District Committee, which refused to agree with the opinion of the Tokapuna Jockey Club that the failure of R. and W. M'Micken and W. Johnston to register a contingency in the horse Muster was not wilful, the judges found as follows i "Wo carefully considered the evidence on which the decisions of the Judicial Council of the Takapuna Jockey Club and the Auckland District Committee were based. We think the circumstances attending tho transactions relating to Muster between Robert and William M'Micken were suspicious, and have felt some difficulty in coming to a conclusion. Upon a review of the evidence wo are not prepared to uphold the decision* of the District Committee In reversing the finding of the Judicial Council of the Takapuna Jockey Club that the breach of rules under part VIII by tho owner of Munster was not wilful. It appears to ut» that there is no reason, even for the purpose of affecting the claim of Wilfred Johnston under an agreement of October 1, 1914, why William M'Micken or his brother should not have a duly registered agreement. The appeal is therefore allowed.—George Clifford, C. P. Skerrett, 0. S. Watkins."