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Gadsby – Strict Liability Victory

Appeal upheld and deposit refunded

The National Horseracing Authority confirms that at an inquiry held on 18 April 2017, Mr Paul Gadsby was found guilty of a contravention of Rule 10.5.1.

Paul Gadsby (photo: Gold Circle)

Paul Gadsby – appeal succeeds

This arose in that on 13 January 2017, at Greyville Racecourse in the wash-bay area, the Groom in his employ, Mr Aviwe Makosana, kicked the horse Patroculus in the belly region, which horse was in his care and under his control as the Trainer of that horse, thus mistreating the horse in question.

The Inquiry Board imposed a penalty of a fine of R40 000, of which R20 000 was suspended for a period of 12 months, provided that he is not found guilty of a contravention of Rule 10.5.1, or a similar offence involving the abuse and/or ill-treatment of any horse during that period.

Mr Gadsby lodged an appeal against both the finding and the penalty imposed.

The Appeal Board, having considered the evidence, was of the view that strict liability was not applicable to Mr Gadsby’s case and the provisions of Rule 10.5.1 are not applicable.

The Appeal Board accordingly upheld the appeal, set aside the finding and the penalty imposed and refunded Mr Gadsby’s appeal deposit fee.

Ed – we have asked the NHA to comment on the impact of this ruling ito strict liability being applied to other matters

 

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3 comments on “Gadsby – Strict Liability Victory

  1. Chris Swart says:

    Another precedent failure at great cost to both sides.

    Kudos to men that stand for justice and achieve it in spite of the odds against them

  2. Brian says:

    Over a year! Ever heard of the constitution NHA?

  3. The Dark Duke says:

    Do the NHA win anything that is challenged?

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