Edmund Burke

What you never knew about the way racing is run

Home Page

Breaching the Rules

Deducted and Paid

All Matters Submitted

Written Permission

Direction of Board

Kypros Kotzikas

Appeal Rights

Natural Justice

Edmund Burke

The Appeals Tribunal said, “The fact that … the appellant is a private individual lacking standing must be a substantial factor to take into consideration … ”

“Taking all matters into account, and in particular the fact that there was no dispute between the two parties specifically identified in Rule 405(3) ... then the Judicial Committee … was justified in refusing to grant leave to file an information. We would have come to the same conclusion.”

The Rules of Racing are written in plain English so those not versed in the law can understand them.

In this case, my reading of Rule 405(3) was that it was not being complied with. A written legal opinion was then obtained from a person with knowledge of the Rules of Racing. This opinion was that the Rule was not being complied with.

Presented with such evidence, the Judicial Committee Chairman should have been obligated to give an opinion as to whether or not the CEO’s actions were in keeping with the Rules.

The Appeals Tribunal for its part, stopped short of giving an opinion as to whether or not the CEO was complying with Rule 405 when he was withholding levy payments.

The Tribunal produced comments on a purely hypothetical situation: "if the Chief Executive fails to make payment  ... then no breach of the rule has been committed."

Wouldn't it be great to know if the CEO was, or was not, failing to make payments required under the rules when he ordered the regular monthly payments of the levy stopped and imposed his conditions on their resumption. That question, very conventiently for some, remains unanswered and probably will forever remain so.

Edmund Burke said, “All that is needed for evil to prosper is for people of good will to do nothing.”

So now there you have it: what you never knew about the way racing is run: it is operated on the basis of good men doing nothing and those running it carrying on as a law to themselves.

the appellant is a private individual lacking standing must be a substantial factor to take into consideration