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ALFRIDAY, DECEMBER: LA APK DUT
Case-book of Sir Patrick Hastings, K.C..
Chapter 5
CHARLES CHAPMAN, TRAINER,
V. JOCKEY CLUB STEWARDS
T
The horse travelled
HE libel action Bedført. Pinte High Weight brought by Mr Handicap at Kempton Park on
August 31, 1930. Charles Chapman against the Stewards of the Jockey Club was, in my opinion, one of the few enses which it was quite bring, although right to the chances of success were very small.
of
unfely and in due course won the race. from lis stable in a horse-box,
Unfortunately for
Mr Chap- man, the horse's unusual run- ning attracted the attention the Stewards of the meeting and when it returned to the
enclosure they or weighing-in
examination by a It was the only method dered
who by which Mr Chapman could veterinary
poned that both saliva and free his character and es-sweat showed
clear evidence tablish his complete in- that the horse had been doped.
nocence.
an
Burgeon,
At the same time the Private hearing
action may have done good in the racing world by CB- |tablishing, even more firm- ly than before, the absolute authority
of the Jockey Club.
The affairs of the Jockey Club are conducted by their elected Stewards, who are gentlemen of the highest and most respected position in racing circles, and their jurisdiction is conferred on them by their Rules.
Among other powers they have absolute discretion to grant licences to trainers and jockeys, and to withdraw those licences. they thinkt fit, without giving any reason.
Strict,
severe
Heath.
They can warn any trainer or Jockey off Newmarket and publish the warning-off notices in the Racing Calendar, again without reason.
assigning
S
The local stewards
n
re-
of the
been
be worse than по
'The Stewards gave evidence was immediate on two distinct to establish a fact, which no- grounds: There was one incident which body challenged, that they had
(a) having regard to the might help. It was assumed, neted throughout the Inquiry fact that the wording of the perhaps not unnaturally, that in perfect good faith and strict notice in the Racing Calendar the Stewards must have
been
Impartiality. The only fact on was in the strict sense actually aware, if only from the para which they were cross-examined true, and that the Stewards had graphs in the evening papers,
was the reason for not contra- admittedly acted in perfectly that in Interpretation
most dicting the erroneous impression good faith, it was contended harmful to Mr
buc been placed
Chapman
which had been apparently that they were completely pre- on their decision, created by the words they had teeted by privilege; and and yet from first to lost they employed in their decision. had made not the slighteni
(b) That the damages were attempt to remedy
false impression.
drug had been administered to would the horse for the purpose of the damages at all. race In question. They disquall- fled the horse for this race ond for all future races under their Rules, and warned
Mr Chap- man. the trainer of the horse, off Newmarket Heath."
It will he observed that the worda: "You, as trainer, were directly responsible for the care of the horse," have omitted.
Why this was done was never clear to
me. The Stewards, during the course of the sub- sequent trials, said that it was done in Mr Chapman's Interest, as the omitied words might have been taken to indicate a closer responsibility on Mr Chapman than the mere word "trainer" implied. It is possible that other minds might have formed a different opinion.
The statement in the Racing
meeting thereupon reported the matter to the Stewards of the Jockey Club, who in due course called Mr Chapman before them and thoroughly investigated the Calendar was subsequently re whole Incident. The hearing of peated in The Times under a the case took place in private headline: "Racing, Another on September 29, 1930, and, as Trainer Warned Off. The Doping was only to be expected, was of Don Pat." completely fair and impartial.
Kempton
at The Stewards Park gave evidence on the run- ning of the horse
and its ex-
Of course, they obliged to do so, but might possibly take into account when their decision.
that
wero
The hardship on Mr Chapman, foo high. was pointed out to them; the
Between the date of the jury's
case with which that hardship not could have been removed was award in Mr Chapman's favour, a jury emphasised; they were asked if and the hearing in the Court of that tact they had not appreciated the Appeal, another case was de- arriving at possible injustice enused by the termined, also in the Court of
publications in the
evening Appeal. Press.
Unfortunately, not one of them had read any ono at the coples of the papers in question.
That
Unfortunate
was the
end
Point of law
In that case, by a curious of the coincidence I neted for some of
In Mr
Some attempt had been made evidence. The defendants asked the Stewards who were the de- to induce the Stewards to take the judge to withdraw the case
that course.
fendants Mr Chapman had from the jury on
Chapman's the legal action, and had been constrained many friends and many sym- grounds: pathisers. The Duke of Rich-
to argue on their behalf the mond and Gordon had written
direct opposite of that which I to one of the Stewards on Mr
on their Chapman's behalf, saying that
behalf the direct opposite of that which I would have to argue
behalf of Mr Chapman.
Racing scandal all Mr Chapman asked from
the Stewards was an intimation
Question of fact would have to argue
(a) that the words in the
of
(b) that by the Rules
taken to have consented to their ncing the defendants must be
publication In the Racing Calendar, and
(c) that they were therefore privileged.
The facts were different, but the point of law was much the same, and the Court of Appeal the Stewards. gave their decision in favour of
was
etted appearance after the race.
to the Press that he had been Stewards' decision were literally The effect of these publica- warned off only for negligence, true; In their opinion Don Pat showed tions was immediate. The Press and not for actual doping, and distinct signs of being under the se'zed on the incident as a asking that Mr Chapman might influence of drugs. The veterin- first-class racing scandal and be allowed to have ary surgeon said the horse had the reports and comments which view with the Stewards to sen an inter- been doped with caffeine, which
could not be rubbed on appeared in the evening papers if that result had probably been
made clear beyond all doubt achieved.
Mr Chapman's appeal the horse's teeth.
that many, if not most, people
argued for four days, and the were
under the impression that The Stewards felt the course
court reserved their judgment. There was no evidence-in-
the trainer had himself deed I was not even suggested
been to be Impossible; as they were
But eventually they adhered to fuilty that Mr Chapman personally found
of fraudulent defendants in the pending action. The judge declined; he said decided that In
their previous decision, and practices. was a party to, or had
they thought it would be im- he would hold the words to be
the circum knowledge of, the administra-
proper for them to have any capable, in law, of a defamatory stances both the Stewards and Mr Chapman awoke to find personal interview with the
Messrs Weath
Weatherby were protec- tion of the drug.
himself not only warned off the plaintiff, and no interview took thing, and there we in morted, and that the verdict against decide one impor- them could not be maintained; Turf and ruined financially, but place. obliged to face the world with
reputation his
for honesty completely destroyed.
any
Mr Chapman gave evidence that the horse appeared in per- fect health before the race and none of the stable boys called, Including the boy who travelled in the horse-box, noticed any- It may
seem that the. Rules thing wrong or could throw any ning of his career. are both strict and severe, since light on, the matter. a warning-off notice ruins д trainer, but the proper conduct of the racing world no doubt (requires strictness and, if neces- sary, severity, and experience has shown that the Interests of the
The Turf are best served by
actual source being
doping remained Stewards hands.
Probably
left in the
Possibly
there are
trainers who prefer to be less regimented, but they have no option. If they wish to obtain a licence to train racehorses, they must consent to be bound by the Rules of Racing, as adminls- tered by the Jockey Club.
A mystery
waited his
To a young man at the begin- who had enjoyed an unblemished chat acter, the position could not be allowed to remain unchallenged,
There
could be
no appeal the from
decision of tho Stewards; all that remained was recourse to the Law Courts, and Mr Chapman decided to bring some person
had an action for libel against the time around the Stewards for
their publication
of the # mystery.
It always seemed fortunate that Mr
to me un- Chapman's
moderate request a public
was,
jury to tant question of fact:
on the other hand, they held "Do the words complained of that there was no privilege in
was a the case of The Timës, mean that the plaintiff acknowledgment that
party to the doping of Don the
But they took the further Stewards' decision was
based at?
view that the damages awarded only on negligence could not
This one question
of by the jury against all the de- have been granted. But nothing course, vital to the whole case, fendants were too high, and in further was done and the action and as it was subsequently re- the result the action against pursued ita course..
of the Stewards considered by the Court
Mesurs Appeal, it is only fair to the Weatherby was dismissed, and learned judge to say that at that in the action against The Times made for a new late the law on the subject was an order was not established (there had been trial.
decision on the no previous pulat).
stables before the race and hnd in the Racing Calendar against Mi
First witness
The trial
The jury returned a verdict
and
Vindication
What steps, if any, were taken
took place before Justice Horridge some
and a managed to siln the caffeine. The Times for their repetition special jury, and it aroused the which is a drug with a very of the alleged libellous Flate- greatest Interest in the racing in favour of Mr Chapman, and
Mesars, world. It was certainly an im- gave him the enormous damages about a new trial I never know: rani action. Into the horse's ment, and against
On the one hand of £10,000 £13,000 against mouth just before It went out Weatherby,, printers and pub- portant case.
the Stowards
Messrs. and nobody could doubt that it was for the parade.
in the Interest of everyone in- Weatherby in respect of pub- terested in racing that the leation in the Racing Calendar complete authority the and £3,000 against The Times
of Stewords of the Jockey Club should be preserved.
One important duty of the Stewards is the prevention of doping. There are many methods of doping and more than one alm. Dope may be used to stimulate the animal to develop an unnatural speed in a particular race, or to prevent it from showing itn normal form.
After hearing all the evidence the Stewards retired to consider their findings and decision, which they finally told to Mr Chaoman In the following words:
lishers of the Calendar.
Writ issued
The appeal
and perhaps from Mr Chapman's point of view it did not much. matter. The only thing that he had really desired in bringing his action was a complete and final vindication of his charac ter, and that object he bad. abundantly achieved.
The public attention drawn to
From the outset the difficul
On the other hand it seemed tles in his way were enormous. that in this particular case Mr "We have given most careful As the Stewards had acted en-
Chaoman had suffered an in- It is, of course, impossible to his unfortunate position by the thought to this case.
powers un- We have tirely within their
Justice by reason of the actual know what matters tho jury overwhelming verdict of a jury come to the conclusion that Dan der the Rules, there was no words employed against him. take into consideration when must have gone a long way to
means of questioning Pat was doped and he is dis- possible qualided for life.
relied on the assessing damages, and, as the wipe away the stigma of his. of their deci- We consider the corr
correctness
The Stewards the words law; Mr Chapman on the facts, sidered by the Court of
matter was subsequently recon- warning-off notice, you, as trainer, were directly sion, and, moreover,
of Appeal, published, taken In responsible for the care of the they had
Was the price he had to pay phraseology, wero horse.
Mr Chapman, the first witness it is idle to speculate; but there Your licence to train is their strict
little doubt that they too high? I hope not. But the
of Chapman and the lish the fact that the horse has revoked and you are warned off true. His only possible cause of on his own behalf, was a good can be been doped. It may be almost Newmarket Heath."
action could arise if he was
vas looking young man, and he gave were considerably impressed by case
of any Stewards of the Jockey imuossible to discover the actual
able to satisfy judge that the evidence with great moderation the complete absence who person
There is no doubt that these words were reasonably capable and self-restraint. He accepted attempt to rectify the unfortun- has always left in my mind has administered
findings and this decision were of meaning that he had himself without question the fact that ate misapprehension which had strong feeling that there
somewhere a defect in our les al fully within the powers of the teen guilty of doping Don Pat, the horse must have been doped, arisen. Stewards, conferred on them and then of satisfying a jury although he had not the faintest In view of the im- nocent person may have
In either event, while it is not difficult to estab- usually
it.
The blame
Some fraudulent person may slip unobserved into the stables, or the travelling horse-box, or surrounding any of the places the racecourse, and there seizo an opportunity to បន tho syringe. spray or other device well known to the so-called "clever division."
by the Rules of Racing, and, as that, in fact, that is what they Mr Chapman Was bound by meant. these rules, he could have no redress against
sentence which spelt his rujn on the Turi.
Nothing against
In spite of all the difficulties that existed Mr Chapman was determined to bring the matter before the court, and according. ty he issued a writ.
During the months between the issue of the writ and the date of the bearing one fact as sumed great importance in the minds of Mr: Chapman's legal
whom, the
Ciut
13:
system when a completely "A- Idea how, or by
mense importance of the deck- suffer from the public belief. doping had been done.
sion to the Jockey Club, and that he in guilty, and there
heavy damages, it exists no means of proving his. Although he had taken, as he also to the thought, every possible precau- was obvious that the defendants innocence except by bringing the appeal an action which he cannot win. tion, he accepted full respons!- would appeal, and bility
for his horse's safety. As for the hearing before the Stewards, he acknowledged that he had been treated with every courtesy and consideration, and that the inquiry had been con- ducted with absolute falness,
Good impression
Moreover, the words
of the decision seemed to mako It may be possible to prove
quite clear that the Stewards that any particular person is had found
advisers. nothing against him not, and could not have seen. except a breach of the absolute responsible for what has been duty imposed on a trainer to the case lay
An the whole importance of in the complete doric, but it is quite another use such care as would ensure vindication
His only complaint was es to of Mr Chapman's matter to fix responsibility on
the continuedį, safety of any personal honour, it was essential the misleading words in which, someone else.
horse under hy charge. There that, if ever the case was allow as he maintained, the actual de- Consequently the Stowards was no breach of suspicion on ed by the judge to reach the clsion was wrongly conveyed to have decided to hold the trainer his honesty or integrity.
jury, a verdict should be given the public. From first to last that he was damages. By nobody suggested responsible for the continued Unfortunately, when the for substantial
alone could his in any way responsible for the safety of his horse. Once borso Stewards published their decl- that
horse having been doped. Is found doped, the blame must slon, which, again under the vindication be complete, rest on the trainer.
Rules, they were entitled to do.
At Whatever the ultimate doci.
the conclusion
his of wording was altered. It
there was no doubt Mr Chapman was
slon might be of points of law, evidence a trainer, then read: who had his stables at Lavant,
I was determined that, if Mr that Mr Chapman had made A on the court, Chichester. near
Among his
came up good impression "The Stewards of the Jockey Chapman's character
be and that tho further investiga- for valuation, it should
jury would help animals was one called Don Pat, Club, after which was due to run in the tlon, satisfied themselves that a valued highly; small damages him if they could.
the
means
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