BOARD OF APPEAL OF THE MAURITIUS TURF CLUB
Inthe matter of:
Shirish NARANG
Appellant
Versus
MAURITIUS TURF CLUB
Respondent
DECISION
Background
1. The present Board sits as a newly constituted Board, following a challenge by the Appellant on
the composition of the previously appointed Board in this same matter.
2. The Appellant, a trainer appointed and licensed by the Rules of Racing appeals the decision of
the Racing Stewards which was delivered on the 31* July 2017. Following a non-race day blood
‘sampling exercise held on the 19" October 2016 by the Respondent at its premises in Floréal the
Centre Guy Desmarais, an illicit substance namely Human Recombinant Erythropoietin
(hereinafter “EPO") was detected in equine blood of one of the horses from the Appellant's
stables, horse “Gameloft”
3. The foremost detection of EPO was found in what is referred to as Blood Sample A of horse
Gameloft. The Certificate of Analysis issued from designated laboratory Quantilab dated 20"
October 2016 led to the conduct of the inquiry by the Racing Stewards.
4. The initial Racing Stewards’ Inquiry (the First Inquiry) into the matter was concluded on the 21
December 2016. This led to a finding of guilt under Rule 208 (A) (4) of the Rules of Racing of
2016 (the relevant Rules for this matter), an extract of which is reproduced hereunder, and the
Appellant was sentenced to a fine of MUR 250,000.
Rule 208 A (4)
Notwithstanding subsection 3 (ii) when a sample taken at any time from a
horse under the responsibility of a licensed trainer, after analysis is found to
contain an illicit substance, the trainer and any other person in charge of such
horse at the relevant time shall be guilty of an offence and be liable to any of
the penalties set out in Rule 11 (d) unless that person can prove to the
satisfaction of the Racing Stewards that he had, at all times, taken all
reasonable ond permissible measures to prevent the administration of such
illicit substance to the horse.10.
ML.
12,
The Appellant appealed against the decision to the Board of Appeal. On a preliminary point, the
Board in a decision dated 25" April 2017 set aside the Racing Stewards’ finding and ordered an
inquiry de novo (the De Novo Inquiry) into the present matter.
The De Novo Inquiry was held before a newly constituted panel of Stewards. The Stewards
concluded that the Appellant was guilty. This time though, on the same charge under Rule 208
(A) (4) of the Rules of Racing, the Racing Stewards sentenced the Appellant to disqualification
for a period of 12 months. It is this decision that is the subject of the present appeal.
The present appeal contains 28 Grounds of Appeal. We observe that not all of the grounds are
felicitously drafted. We also note that some of the grounds in fact deal with the same or similar
issues. As a matter of practice, we recommend that each ground of appeal should be succinct,
precise, specifically couched and addressed on its own.
In an effort to avoid double dealing in our treatment of the issues raised by the Appellant, we
have regrouped some of the Grounds of Appeal.
Ground 1: Transcript
It is apposite to note that even at the level of our court of justice which is one of record, the
judges will intervene only if the proceedings are so unintelligible so as to affect the fairness of
the trial that it leads to a miscarriage of justice.
‘True, it is accepted the Appellant has guided us to extracts in the proceedings where there are
inaccuracies such as typographical mistakes or some incompleteness as regards the translation
of parts of testimonial evidence by witnesses.
However, these inaccuracies in our view, do not affect the overall substance and Integrity of the,
evidence that constitutes the proceedings before this Board of Appeal. We thus consider the
proceedings to be globally accurate.
We therefore dismiss Ground 1.
Grounds 2-3: Unfair inquiry and hearing
We consider Grounds 2 and 3 together as they deal with the Appellant's proposition that there
hhas been an unfair inquiry and hearing conducted by the Board of Racing Stewards, particularly
its Chairperson. The contention of the Appellant is that he has not received fair, independent
‘and impartial treatment on the ground that basic rules of evidence were ignored and that the
Chairperson recurrently stated: “we are not in a court of law”.14,
15.
16.
17.
18.
It is at this stage, enlightening to refer to the cases of:
14.1, Poul Foo Kune v The Mauritius Turf Club [2003] SCI 1 which lists the characteristics
that have been considered by the Supreme Court where the proposition is that the
conduct of the inquiry by the Respondent, has resulted in an unfair hearing, The
judgment of Justice R.N Narayen deals with the question of procedural fairness and
bias as follows:
“There are no hard and fast rules with regard to procedural fairness. When
determining whether the rules of natural justice have been respected by a
domestic tribunal, the court must take into account: (1) the character of the
decision making body; (2) the kind of decision it has to make; (3) the statutory
or other frame work in which it operates; and (4) the requirements of fair
hearing; ie. the rule against bias, the duty to give the person concerned
notice of the charge and a reasonable opportunity of being heard.”
14.2. Lloyd v Memahon [1987] A.C 652 at para 702; Lee v Showmen’s Guild [1952] 2 QB
239; Murray v Anderson [1990 MR 99] and G. Gujadhur v The Mauritius Turf Club
[2000] SCJ 327, have all been retained as relevant authorities on the question of
fairness and bias.
Russell v Duke of Norfolk [1949] 1 All E.R 109; holds its relevance in the present
case
“., there are in my view, no words which are of universal application in every
kind of domestic tribunal... whatever the standard is adopted, one essential is
that the person concerned should have a reasonable opportunity of
resenting his case.”
‘Moreover, the transcript of the De Novo Inquiry shows several instances where the Appellant
‘was allowed to make his own viva voce representations in proceedings over and above the
legal representation he already had
Finally, it is unclear how the recurring statement of the Chair of the Racing Stewards that “we
‘re not in a court of law” could have resulted in an unfair hearing,
We conclude that Grounds 2 and 3 have no merits.
Grounds 4-6: Likelihood of perception of bias
There are two underlying factual aspects in support of the Appeliant’s challenge under these
two grounds:
a) Unfettered access to the “folder” of the First Inquiry; and
b) Discussion/interaction with two witnesses outside the realm of the De
Novo Inquiry.