https://theinformant.co.nz/jca-quash-raceday-driving-exclusions-for-mr-x-and-mr-y/
JCA QUASH RACEDAY DRIVING EXCLUSIONS FOR MR X AND MR Y
Posted by Garrick Knight | Oct 26, 2018 | Harness, News
The Judicial Control Authority (JCA), on Friday afternoon, released their ruling on the exclusions of two drivers charged with race fixing by Police, referred to as ‘Mr X’ and ‘Mr Y’, and both are now free to resume driving in official races.The two-man JCA panel, comprising Geoff Hall and Lynton Stevens QC, found that the Racecourse Inspector’s decisions dated September 27 and 28 to prevent both men from driving in totalisator races, failed to take in to account proportionality.That is, whether the harm such measures would result in to Mr X and Mr Y were proportionate to the charges they faced.Accordingly, Hall and Stevens quashed the Racecourse Inspector’s exclusion of both men.“It follows that, pending the disposition of the criminal charges against open horsemen X and Y, or alternatively pending the making of any further order by the Judicial Committee, open horsemen X and Y can drive at any race meeting at which betting is available,” read the ruling.Hall and Stevens were clear that, if the Police provided compelling evidence against X and Y regarding alleged race fixing, the exclusions could come back in to place.“The decisions of the Racecourse Inspector were made on the basis of the fact open horsemen X and Y have been charged with criminal offences and the limited information contained in the Police summary of facts in each case.“Disclosure by the Police under the Criminal Disclosure Act 2008 is yet to be provided.“Accordingly, should further relevant information become available, or if there is a material change of circumstances, the Racing Integrity Unit is granted leave to bring the application for a ruling back before the Judicial Committee for further consideration.”Both men, among numerous others, are due back in court on December 5 where it is expected Police will lodge a summary of evidence.Mike Godber, General Manager of the Racing Integrity Unit, said his team “accept the JCA ruling”.The RIU went to the JCA for clarification on the exclusion notices as an alternative to enduring a high court appeal by Mr X and Mr Y.