EXCLUSIONS FROM RACECOURSE

Hawke's Bay Herald-Tribune, Issue 37, 27 February 1937, Page 5

EXCLUSIONS FROM RACECOURSE

-Press Assn.

Privy Council Asserts Rights ofCIubs RUFUS NAYLOR CASE

(By »Trfegr»ph-

, — Copyright.)

(Received. 27, 11.5 a.m.) LONDON, Feb. 26. The Privy Council allowed with costs the appeal of Sir Colin Stephen, chairman of the. Australian Jockey Club, against the majority decision of the Full Court of the Supreme Court oi New South Waleo restraining the A.J.C. from preventing Rufus Naylor from entering Randwick racecourse on race days on payment of the prescribed charges. Announcing the judgment, Mr Justice Roche said that disqualification was: well known and legitimate. Indeed, it was a necessary safeguard ta secure the absence from the racecourae of persons found guilty of conduct gravely detrimental to the intenests of racing. "The respondent was disqualified because he impeded by lying in the course of a necessary and proper- inquiry and he has to suffer, not becauee he consented to ,be bound by the niles but because he permitted himself so to act as to bring his actions within their purview. The by-law was not intended and did not convey any Teference to moral character or qualities unconnected with racing and racecourses. It meant no more and no lesls than it would if couched in less formal language conferring the right to refuse admission of those who, in popular lam guage, are so'metimes known as racecourse undesirables. " - The case was an appeal tefcting tbe powers of the Australian jockey Club, whereof Sir Colin Stephen is chairman, to exclude certain persons from the racecourses under its controL The Supreme Court of New South Wales in 19934 granted Mr Rufus Naylor an 'injunction restraining the AJ.C. from preventing him (Mr Naylor) entering Randwick course and, in March. 1935, tho Court granted Sir Colin leave to appeal to the Privy Council against the decision. In May, 1936, ^ the Privy Council dismissed a petition on behalf of Mr Naylor to rescind the leave to appeal. The Privy Council now allows Sir Colin 's appeal.