Appeal Rights

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Breaching the Rules

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Written Permission

Direction of Board

Kypros Kotzikas

Appeal Rights

Natural Justice

Edmund Burke

In the first part of the Appeals Tribunal decision it says, “We conclude therefore that the decision of the Judicial Committee is not subject to an appeal to this Tribunal … 

The decision being appealed was the refusal by the Judicial Committee at Te Rapa on 13 December 2003, to grant leave to file an information.

You have to ask yourself what is going on when an Appeals Tribunal is set up and decides there cannot be an appeal because the decision made is not open to appeal.

If an application for an appeal hearing is lodged surely the Judicial Control Authority has a responsibility to decide if they are looking at a decision which can be appealed.

It is ridiculous for the JCA to accept a $250 fee which has to be lodged for an appeal, set up an Appeals Tribunal, have their Appeals Tribunal say no right of appeal exists, retain the filing fee and then award costs of $1,500 against the person who filed the appeal. But that is exactly what happened.

Before the hearing took place the JCA did say in writing, “It appears on the face of the rules, that there is doubt, or a question, about whether, in the circumstances of this matter, you are properly entitled by or under the rules of racing to appeal … ”

The JCA should be working out and making the correct decisions as to the right or non-right of each and every Appeal. That’s their job isn’t it?

Also, why should there be no appeal against a refusal to allow an information to be filed? Rights of appeal keep the decision making process honest.

the decision of the Judicial Committee is not subject to an appeal to this Tribunal.