Appeal – D Branch v RIU – Decision of Appeals Tribunal dated 21 December 2012
ID: JCA16750
Decision:
UNDER THE RACING ACT 2003
Appellant
Respondent
Mr J Holloway, Member
Appearing: Mr M Branch for the appellant
Mr R Neal for the respondent
Date of written decision: 21 December 2012
DECISION OF APPEALS TRIBUNAL
[2] In our minute of 27 November last we determined that a hearing on the papers was appropriate with this Tribunal having regard to the evidence before the Raceday Committee, written submissions from the parties, and the Tribunal’s viewing and analysis of the DVDs of the incident.
[3] The RIU has been unable to provide a transcript of the hearing of the charge, as there were equipment issues on the day. The JCA recording, which is usually available as a back-up, has also malfunctioned.
[4] In these circumstances the appeal would need to proceed by way of a complete rehearing of the matter.
[5] Mr Branch has explained that a primary purpose of the appeal was “to correct” errors of fact in the raceday decision, which he believed unfairly reflected on the integrity of the appellant and to address the broader issue of the approach to be taken to the prosecutor/ witness roles on raceday.
[6] Having regard to the fact that it would be impossible now to address the first issue, and that the second issue itself did not justify continuing the appeal in light of the costs involved in a rehearing of all the evidence, the parties agreed that the matter could be resolved in the following manner:
The appeal be discontinued by consent due to the fact that there cannot now be a rehearing based on the evidence adduced at the initial hearing.
That the respondent pay the appellant the sum of $250 by way of costs.
[7] We are aware that the appellant has paid a filing fee of $250. Mr Branch submits that this should be refunded otherwise the cost of the appeal would equate to the amount of the fine and would be a disincentive to the exercise of the right of appeal.
[8] In the unusual circumstances of this case we order that the filing fee be refunded to the appellant.
[9] The respondent is to pay costs to the appellant in the sum of $250. There is no order for JCA costs.
Chairman
Penalty:
N/A
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 18/12/2012
Publish Date: 18/12/2012
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: db7547ed6089d96779c88934b8923c00
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Appeal - D Branch v RIU - Decision of Appeals Tribunal dated 21 December 2012
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
UNDER THE RACING ACT 2003
Appellant
Respondent
Mr J Holloway, Member
Appearing: Mr M Branch for the appellant
Mr R Neal for the respondent
Date of written decision: 21 December 2012
DECISION OF APPEALS TRIBUNAL
[2] In our minute of 27 November last we determined that a hearing on the papers was appropriate with this Tribunal having regard to the evidence before the Raceday Committee, written submissions from the parties, and the Tribunal’s viewing and analysis of the DVDs of the incident.
[3] The RIU has been unable to provide a transcript of the hearing of the charge, as there were equipment issues on the day. The JCA recording, which is usually available as a back-up, has also malfunctioned.
[4] In these circumstances the appeal would need to proceed by way of a complete rehearing of the matter.
[5] Mr Branch has explained that a primary purpose of the appeal was “to correct” errors of fact in the raceday decision, which he believed unfairly reflected on the integrity of the appellant and to address the broader issue of the approach to be taken to the prosecutor/ witness roles on raceday.
[6] Having regard to the fact that it would be impossible now to address the first issue, and that the second issue itself did not justify continuing the appeal in light of the costs involved in a rehearing of all the evidence, the parties agreed that the matter could be resolved in the following manner:
The appeal be discontinued by consent due to the fact that there cannot now be a rehearing based on the evidence adduced at the initial hearing.
That the respondent pay the appellant the sum of $250 by way of costs.
[7] We are aware that the appellant has paid a filing fee of $250. Mr Branch submits that this should be refunded otherwise the cost of the appeal would equate to the amount of the fine and would be a disincentive to the exercise of the right of appeal.
[8] In the unusual circumstances of this case we order that the filing fee be refunded to the appellant.
[9] The respondent is to pay costs to the appellant in the sum of $250. There is no order for JCA costs.
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
N/A
hearing_type: Non-race day
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid:
race_expapproval:
racecancelled:
race_noreport:
race_emailed1:
race_emailed2:
race_title:
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid:
meet_expapproval:
meet_noreport:
waitingforpublication:
meet_emailed1:
meet_emailed2:
meetdate: no date provided
meet_title:
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation:
meet_racingtype:
meet_chair:
meet_pm1:
meet_pm2:
name: