THE TURF.

Gisborne Times, Volume XXVII, Issue 2463, 30 March 1909, Page 3

THE TURF.

- DECISION ON APPEALS. [Per Press;Association.] WELLINGTON, March 29. The Appeal Court of the New Zealand Racing Conference, Sir George Clifford, Messrs J. W. Abbott, and George Hunter, to-day gave its decision in several cases. Pell and Whittaker.—ln the matter of the appeal of George Pell and Albert Whittaker, against a decision of the Auckland Metropolitan Committee, who endorsed a decision of the . Avondale Jockey Club disqualifying Pell for 12 months and Albert Whittaker for ,two years, in connection with the riding of the horse Lucio at tlie Avondale meeting in September, 1908, the judgment was as follows: The judges have considered the above cases' together, as they are both connected with the running of. the horse Lucio. They can see no reason for reversing tho decision of the Avondale Jockey Club, arrived at by officials who witnessed the riding of the two jockeys, inasmuch as' no facts have since been elicited which seem to thojudges to justify the reversal ofsuch decision, or of its subsequent confirmation by the Metropolitan Committee. The judges consider that the sentences upon the jockeys George Pell and Albert Whittaker'"should bo uniform, and therefore disqualify each of them for 12 months from December 18th, 1908. The judges regard the evidence offered by Norman Cunningham as proving that he is unfit to be licensed as a trainer. They consider that his present license should be cancelled, and that no license should he issued to him by any Metropolitan Club for a term of five years. The judges direct that the deposits of George Pell and Albert Whittaker be refunded.

The horse Royal Soult.—ln the matter of the appeal of the trustees of the late Mrs. Ccombes against, the decision of the Auckland Racing Club, refusing their application to disqualify- Royal Soult for the Railway Handicap, on the grounds that he was at the time of such race a disqualified horse. The judgment was: We are of opinion that rule 8 of part XXNI.- of the Rules of Racing establishes clearly the right of Royal Soult to start at the Auckland summer meeting during the pendency of an appeal to the Metropolitan Committee. We herefore confirm the decision of the Auckland Racing dub, and dismiss the appeal now before us. . Regarding this appeal as absolutely groundless, we order the deposit to be forfeited. Lindsay and Ryan.—ln the matter of the appeal of S. G. Lindsay and Mark Ryan against a decision of the Auckland Metropolitan Committee, who endorsed a decision of the Avondale Jockey Club, disqualifying them, with the horse Royal Soult, for two years in connection with the running at the Avondale meeting in September, 1908. The judges adjourned the hearing of this ease for the production of further' evidence. "Without in any way indicating an opinion upon the ease, but solely to guard against any possible injustice, they direct that the disqualification of. Mark Ryan be suspended and inoperative from this date until the final hearing.