ROWLEY CASE.

Press, Volume LXIII, Issue 19156, 12 November 1927, Page 18

ROWLEY CASE.

APPEALS UPHELD. DECISION OF JUDGES. The appeals to the Racing Conference by R. S. Bagby, trainer, and A. R. Parker, apprentice jockey, were heard la?t "evening. The appeals were against the derision of the Canterbury District Committee in disallowing their respective appeals against the decision of the Judicial Committee of the Canterbury Jockey Club in disqualifying the said R. S. Bagby for two years and in suspending the said A. R. Parker for twelve months for corrupt practices in connexion with the running and riding of the horse Rowley in the Riccarton Handicap on November sth, 192". Judgment. The judges have considered the appeals of R. >S. Bagby, trainer, and A. R. Farker, apprentice jockey, together. The Judicial Committee of the Canterbury Jockey Club disqualified the owner (A. McDonald) and the trainer (R. S. Bagby) of the horse Rowley for two years, and suspended the rider (A. R. Parker) for twelve months for corrupt practices in connexion with the running and riding of the horse Rowiey in the Eiccarton Handicap. On appeal to the Canterbury District Committee, that committee decided as follows: — i "The District Committee ends that the horse Rowley was deliberately pulled in the Riccarton Handicap. It further finds that Bagby was respon- ; sible for the instructions given to the jockey, which resulted in the pulling j of the horse. There is no direct evi- ; dencc implicating Mr McDonald in the j pulling of the horse or that he baeked anv other ho se in the race- The committee therefore exculpates Mr McDonald and disallows the appeals of Bagby and Parker." Wo have considered the evidence given before tho meeting of the Judicial Committee of the Canterbury Jockey Club held at Riccarton Racecourse on Saturday, November sth, 1927, and continued on Monday, November 7th, 1927, and the evidence given before the meeting of the Canterbury District Committee on November Bth, 1927. In addition we have had before us at the hearing of the appeals the two appellants, the chairman of the Judicial and District Committees, and the Stipendiary Stewards. We are unanimously of the opinion that the proceedings of the Judicial Committee of the Canterbury Jockey Club were irregular in important particulars. The appellants were not present at the adjourned meeting of the Judicial Committee held on November 7th, 1927. There was present at the adjourned meeting a steward who had not attended the meeting on November sth, 1927, when the appellants made their statements to the Judicial Committee. We are of opinion that any person charged with an offence against the Rules of Racing must have ,an opportunity, if he so desires, to be present throughout the whole enquiry into his conduct. The whole of the evidence tendered to and considered by the committee holding the enquiry must be given in the presence of the person charged, so that he may, if he is able, refute or explain- that evidence. At.the meeting on November sth, 1927, the appellants were informed that the stewards were not satisfied with Rowley's running iu the Riccarton Handicap. In our opinion the person charged with an offence against the Rules of Racing before a meeting of Judicial Stewards .should be promptly and plainly informed of the precise, offence he has to meet For the above reasons we allow the appeals of Bagby and Parker. (Signed) A. T. DONNELLY, HUGH LOWRY, H. HASSALL, Judges. Christchurch, November 11th, 1927.