RACING POST LETTERS SUNDAY JANUARY 1st 2012 BHA CALLED TO ACCOUNT OVER LEGAL PRACTICE INJUSTICE

RACING POST PSUNDAY LETTERS (01.01.2012)

SITUATION UNACCEPTABLE KEVIN DARLEY Chief Executive Professional Jockeys Association.

"THE Professional Jockeys Association absolutely supports the need for central funding of defence costs in the most serious disciplinary cases heard by the BHA, as highlighted by solicitor Andrew Chalk.

 

"These cases are usually extremely complex, so an unrepresented defendant will rarely be able to present his or her case adequately, and the sanctions imposed can be career- ending.

 

"Against that background it must be unacceptable for a defendant to be deprived of legal representation for financial reasons when the BHA does not suffer from the same difficulties. The interests of justice demand a level playing field.

"This is something that has troubled the PJA for some time and, together with the NTF, we will raise it again with Paul Bittar in the new year.

 

"We expect other industry bodies will also offer support, as it is a subject of great importance to all those for whom racing is their livelihood."

SITUATION UNACCEPTABLE KEVIN DARLEY Chief Executive Professional Jockeys Association Racing Post Letters Sunday January 1st 2012

BRITISH HORSERACING AUTHORITY CALLED TO ACCOUNT OVER ONGOING FAILURES RELATED TO 'EQUALITY OF ARMS'

RACING POST PSUNDAY LETTERS (01.01.2012)

"DEFENDANT MUST HAVE AN 'EQUALITY OF ARMS'

Andrew Coonan Solicitor, Naas, CountyKildare.

"TONY SMURTHWAITE'S article of December 22 was timely in that it raises a number of fundamental issues regarding BHA investigations and prosecutions into the future.

"As a defence lawyer, I am pleased to say that the Appeals Body and the Referrals Committee of the Turf Club in Ireland have accepted for some time that the standard of proof in prosecution cases that potentially involve a deprivation of the right to earn a livelihood is below the criminal proof of 'beyond all reasonable doubt' but certainly higher than the 'balance of probabilities', being applied more strictly in accordance with Court of Arbitration for Sport decisions and with the approach now adopted by the World Anti-Doping Code.

"This is only as it should be in circumstances in which the penalties available to the BHA are far-reaching and, more importantly, equivalent to those imposed by the courts.

"The other issue that arose from the article is that raised by solicitor Andrew Chalk regarding the significant imbalance between prosecution and defence in terms of financial support.

"A cornerstone to our justice system, as any defence or prosecution lawyer will tell you, is the principle of 'equality of arms'.

"I have long been concerned that in presenting defence cases at the BHA or, indeed, Turf Club a client is potentially at a critical disadvantage through lack of personal finance and have often wondered whether a defendant, met with a fully funded and well- prepared prosecution firepower, would have achieved a different result.

"The BHA have apparently been pain-staking in the preparation of its recent cases. This is only to be expected and should continue so into the future in its determination to ensure racing is properly protected, but in the protection of this sport it is, at the same time, simply unacceptable to provide that an innocent man- be it trainer, jockey or otherwise - suffers termination of his career, his livelihood and his reputation as a result of a miscarriage.

"A simple and effective measure to ensure this will not happen is to provide that defendant with at least the equality of arms to defend himself, and the day is certainly now here when both authorities either side of the water consider carefully the provision of legal aid in certain qualified circumstances."

"DEFENDANT MUST HAVE AN 'EQUALITY OF ARMS'

Andrew Coonan Solicitor, Naas, County Kildare.

THE WAY THAT THE BRITISH HORSERACING AUTHORITY REGULATOR HANDLED THE HUGE ANTI-CORRUPTION INVESTIGATION THAT ENDED LAST WEEK IS A RECIPE FOR MISCARRIAGE OF JUSTICE, IT HAS BEEN CLAIMED.

FITZSIMONS SOLICITOR SAYS RACING SHOULD HELP PAY FOR DEFENCE COSTS


 

"PAUL FITZSIMONS is to seek costs from the BHA in the case brought against him which led to him being cleared of serious corruption charges more than six months after he was charged, writes Tony Smurthwaite.

"Fitzsimons, who had turned from riding to training by the time charges were brought, maintains that he was forced to remortgage his home in spending £90,000 on defending his name.

"Now his solicitor Andrew Chalk is ready to make a costs application for a "significant five-figure sum". In doing so he is of the view that there is a serious imbalance in resources between the regulator and accused in highly charged corruption cases, where senior barristers may charge up to £5,000 per day, is far from novel.

"Chalk said: "Some years ago I represented Paul Bradley in the Hillside Girl case. The hearing lasted three days. The PJA legal expenses scheme contributed to Paul's legal fees, but there was a significant shortfall.

"Paul had done nothing wrong and was acquitted, but the case still caused me real concern because it highlighted the imbalance in resources between the regulator and the defendants. It simply wasn't a level playing field.

 

 

"Chalk maintains that racing needs a central fund for defence costs in the most serious of cases.

"The topic was previously raised by the PJA at (BHA) industry committee level and it received a favourable response," he said. "A number of follow up meetings took place but, for one reason or the other, the idea was not developed and implemented. However, it certainly remains a live issue."

"Chalk believes funding could be modelled on criminal legal aid, and should be available where the charges would result in disqualification from the sport.

"Such cases only come up a few times a year," He added.

"Paul Fitzsimons: cleared of all charges but spent £90,000 defending his name."

BLOODHORSE ILLITERATE BRITISH HORSERACING AUTHORITY REGULATORS (BHA) ARE WARNED OF MISCARRIAGES OF JUSTICE

NEWS FROM THE RACING POST TODAY

NEWS FROM TURFCALL


THERE IS AT PRESENT A BLOODHORSE ILLITERATE BRITISH
HORSERACING AUTHORITY OF REGULATORS (BHA)


WHY DOES THE GOVERNMENT ALLOW BLOODHORSE ILLITERATE PEOPLE TO REGULATE BRITISH HORSERACING?

THERE IS ALSO A BLOODHORSE ILLITERATE

 BRITISH LEGAL JUSTICE SYSTEM   

BHA WARNED CHANGES NEED TO BE MADE TO AVOID MISCARRIAGES OF JUSTICE. WHAT ABOUT ALL THE MISCARRIAGES OF JUSTICE THAT HAVE ALREADY BEEN BURDENED UPON INNOCENT PEOPLE ALREADY?

1. TONY SMURTHWAITE investigates the fallout from racing's biggest corruption case to see what lessons can be learned."

FITZSIMONS SOLICITOR SAYS RACING SHOULD HELP PAY FOR DEFENCE COSTS

PAUL FITZSIMONS CLEARED OF ALL CHARGES

 BUT SPENT £90,000 DEFENDING HIS NAME.
WHAT SORT OF JUSTICE IS THIS?

COMMENT

RIP OFF BRITAIN

WHY DO THE GOVERNMENT ALLOW THE BRITISH LEGAL JUSTICE SYSTEM TO ONLY SUIT AND SERVE THE RICH?

WHY DO THE GOVERNMENT ALLOW THE BRITISH LEGAL JUSTICE SYSTEM  TO TAKE YEARS AND YEARS TO DO ANYTHING AT ALL FOR ANYONE?

WHY DO THE GOVERNMENT ALLOW THE BRITISH LEGAL JUSTICE SYSTEM

TO RIP OFF THE POOR TO ONLY SUIT THE RICH

WHAT SORT OF POLITICIANS ARE THESE PEOPLE?

WHY DO THE GOVERNMENT ALLOW THE BANKS

TO RIP OFF THE POOR TO ONLY SUIT THE RICH

WHAT SORT OF POLITICIANS ARE THESE PEOPLE?

THE RACING POST  BE IN THE KNOW

HORSERACING A UNIQUE AND REMARKABLE SPORT

testing testing 123

testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123testing testing 123