Natural Justice

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Kypros Kotzikas

Appeal Rights

Natural Justice

Edmund Burke

Section 27 in the Bill of Rights allows decisions to be appealed to the High Court if the principles of natural justice have not been observed when the decision was made.

Natural justice requires that fair and proper procedures be followed when making a decision. It requires that a person be properly heard before a decision is made affecting the rights, expectation or interest that the person may hold.

When the appeal papers were lodged it was made clear that both the Judicial Committee procedures followed and the decision itself were being challenged.

At the Appeals Tribunal hearing those who had made the decision on the Judicial Committee were nowhere to be seen.

Instead the Chief Racecourse Inspector and his CEO turned up.

Back when the Judicial Committee on 13 December 2003, had made the decision being appealed the Chief Racecourse Inspector was not present in person or represented by anyone.

The Chairman who had been appointed to head the Judicial Committee for 13 December also stood aside that day and allowed a second JCA member to be Chairman when my case was presented.

This particular JCA member produced a lengthy hand written decision devoid of any crossings out and alterations that would be expected in a hurriedly produced document written collaboratively by two people.

A calculation based on the number of words in the decision, the speed at which a person can legibly write and the amount of time from the Judicial Committee retiring for their deliberations to the decision being released, indicates it was written prior to the proceedings being commenced.

Perhaps that explains why roles were swapped and why certain people didn’t need to turn up on 13 December 2003.

Natural justice requires that fair and proper procedures be followed when making a decision.