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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

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