Written Permission

What you never knew about the way racing is run

In some South American countries there are laws which say that those elected to Government can’t be charged in the Courts. It is probably a reason why there is so much corruption in South America. You would never expect to find the same situation here. But then you haven’t stopped and thought about Rule 1103(4)(d).

Rule 1103(4)(d) says, “Other than during a racemeeting an information may be filed only by a Stipendiary Steward or Racecourse Inspector and then only if he has received written permission from the Chief Executive to do so.”

Now what if the Chief Executive or his Board or somebody else in authority was doing something that was contrary to the Rules? Do you think the Chief Executive would sign off on charges against himself or the Board that employs him?

Rule 18(1)(a) says, “The Rules shall .... apply to and be binding on all persons and bodies described therein ... ” The sentiments expressed in this Rule are noble. The reality is that as far as the hierarchy is concerned, “it ain’t going to happen.”

There was a mechanism in place that could have been used to keep the establishment honest. It was the Rule 1103(4)(a), “During a racemeeting an information may be filed only by .... (iii) any person with leave of the Judicial Committee.”

That meant any individual could seek leave of a Judicial Committee to ask if someone is justified in what he or she is doing under the Rules.

I say that mechanism was in place because first a Judicial Committee and now an Appeals Tribunal have ruled that such a request is not allowable.

The rules are written in plain english (not legalese) and the way I see it, what is being ruled by the JCA is not what the rules say at all.

Is it possible that an “old boy’s network is operating; that it has always been the case that no charges can be laid against them; and now Rulings have been made that ensure no one can ever seriously question what they are up to?

an information may be filed only by a Stipendiary Steward or Racecourse Inspector and then only if he has received written permission from the Chief Executive to do so