TROTTING APPEAL

Hokitika Guardian, 4 May 1928, Page 4

TROTTING APPEAL

F. G. HOLMES’S CASE. Messrs 11. K. Nicull. D. J. Evans ind R. S. Irwin, the three judges representing the New Zealand Trotting L’onfereme heard the appeal of F. G. Holmes last week, against the suspension of his rider’s and driver's license by the Trotting Association. The following is the official report on the ease: In the matter of the appeal of Freeman Graham Holmes against his suspension hv the New Zealand Trotting Association.

We. the undersigned, being tile appeal .fudges appointed under rule 21 of Die New Zealand Rules of Trotting, sat at the Conference Room, 90, Armagh Street', Christchurch, on Thursday. April 23th. 1923. to hear and determine the above appeal.

Messrs Hayward and Denton (members of the association) appeared on behalf of the association, and Mr Simes (with the permission of the appeal judges) appeared for Holmes, who was also present. It appeared that the following letter had on March 28th. last been forwarded to Holmes hv the association: “Dear Sir.—T am instructed to ask you to attend a meeting of the Licensing Committee on Tuesday afternoon. April 3rd. at 3 o’clock, to show cause why your licenses for the current season should not he cancelled', vou having committed three offences this season as follows:

September, 1927—Fined £2 at Geraldine Racing Club’s meeting for using steel-lined whip.

February, 1928—Cautioned by New Zealand Metropolitan Trotting Club for careless driving.

March. 1928—Your horse placed third and Author Jinks second on account of interference, in Tintant Trotting Cup.

Your faithfully. •T. B. NOB BIS. Secretary. Holmes had duly appeared before the association—admitted that he had ’wen fined as stated l>y the Geraldir 0 Racing Club in September, 1927, and that he had been cautioned by the New Zealand Metropolitan Trotting Club

in February of this year, but denied that ho had been guilty of any offence in March in Timaru.

It. was admitted 'by the representatives oi the association that the offence committed at Geraldine was a minor one that the <;i lit ion of Iho Metropolitan dub lia.d been duly endorsed by the association, and that in connect ion with the Timaru ease the 1 imam Club had written the association that Holmes was not to blame for the incident. The association representatives also frankly.admitted that in private life the conduct of the appellant was exemplary. It would appear that the action taken by the association would not have been taken hut for the incident at Timaru. If the association had disagreed with the finding of tho Timaru Club it is obvious that action could have been taken at once :tml the matter sifted la the bottom. The rules provide ample powers. Instead, the association confirmed the decision of flic Timaru Club, and afterwards called upon Holmes to show cause why he should not bo dealt with. The Timaru Club had acquitted Holmes, although, on account, of an accidental interference, the positions of the two horses were reversed. Tf this decision was wrong, why was it confirmed? If the association thought if right—it admits this by confirming flic decision—why was Holmes called lit ui at all ?

ruder the rules there is power to the association to approve, vary or reverse the decision of the stewards of ■lulis. and may increase or lessen the penalties inflicted by clubs, and we “liink that the time for action by the association should be, in case such a« the one now under review, at the time when tlio matter comes before, it for •untilomit ion or otherwise. If this ■oui'-e i- not followed it would savour if puni-hing a perron twice for the

-nine nli’ence or lay the association ipen to a char..;c of inconsistency. For iva-ons given we allow llolm-s's ippeal ami c rtler tint ill. 1 "sis .1 lac • i 1 lie paid by Hr a ■ so'-ia 1 iou.

We regret that in our judgment wi iavi. I.'mi unable, on the ovidem —h" .'nie in. l i upheld tin' decision of ti ; i.ss.;u j.11 irn. felly rv. ogiiKing t!ie excel ■ent iMirl; that it is d.ui.ng in the in-erc-ts :•: the s;>rt. 11. K. NICOLE, 1). J. It VANS, if. S. IRWIN Appeal Judges.