MY CALL: WHEN THE 'PRESUMPTION OF INNOCENCE' CLAUSE CAN TAKE A BATTERING
By David Fowler | Tuesday, February 27, 2018
David Fowler is the principal thoroughbred caller for Radio TAB. David, who is a keen form student and punter, has enjoyed a lifetime involvement in the racing media. His personal blog, ‘My Call’, appears exclusively on HRO.
The "presumption of innocence" platform has certainly taken a battering during the alleged Victorian doping crisis.
And I'm not referring to the plethora of text messages that emblazoned the media landscape last week.
That's described as a "good get" in journalism although it can be considered as prejudicial to a fair hearing to those charged.
But it's Racing NSW's peculiar step to issue Liam Birchley with a show cause as to why his participation in racing in that state should be halted at the border has me concerned.
Racing NSW showed their hand yesterday acting under AR 50 but Birchley's Crack Me Up had already been nominated for the Liverpool City Cup this weekend.
Birchley will offer a submission as part of the show cause and the controlling body will make a swift decision after considering it.
This may be happening as you read this.
But the facts surely are simple and straightforward.
Birchley has been charged on three separate counts under AR 175. He has pleaded not guilty and plans to defend the charges.
It's not his fault the hearing is not until April 30.
Racing NSW made their move after scrutinising Racing Victoria's brief of evidence.
Did they read something significant enough in that brief to provoke their show cause action?
Other charged trainers Robert Smerdon and Stuart Webb stood down voluntarily. Read into that what you will.
Tony Vasil continues to train with winning stakemoney being frozen.
Birchley has adopted a not guilty and defend the charge stance.
That stance based on presumption of innocence should not be impeded.
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Form publications should not only list an apprentice's claim but what weight he or she rides at.
For example it should display "Boris Thornton (a3/55)" rather than the current "Boris Thornton (a3)".
This situation was highlighted after the ridiculous scenario at the Gold Coast last Wednesday when Thornton was booked to ride prepost favorite Suilven.
Thornton was listed as a three kilogram claimer to ride Suilven at an allotted 54.5 kg. Thornton rides at 55kg. Laughable!
He was taken off the mount but at least 12 hours after fixed odds betting began.
And then to rub salt into the Suilven supporters' wounds, he was replaced by a fully fledged jockey and went under by a whisker.
Stewards justified this by saying Thornton wouldn't have been able to take any of his claim. How the hell did punters know that when the formguide says B.Thornton (a3)?
If an apprentice's riding weight can appear in RISA formguides why can't that be replicated in the mainstream media?
It can be fixed and should be done straightaway.
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There's been much hand wringing about why the Mudgee Country Championship heat was allowed to proceed on Sunday.
Why didn't jockeys make a collective call at the barriers and refuse to ride?
Why didn't stewards make the call to bring the horses and jockeys back to the enclosure?
Probably because all parties had no drama competing or adjudicating BEFORE the event.
All the white noise happened AFTER the race was run.
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Make no mistake that Silver Slipper formline from the weekend is gold.
Sunlight and Estijaab deserve top billing in Golden Slipper betting after their gripping encounter run in fast time which included significant sectionals.
And Pierata and D'Argento can certainly test Hobartville Stakes winner Kementari in Saturday week's Randwick Guineas.
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I'd suggest you tune in to Radio TAB this Sunday at 7:15am Queensland time for THIS RACING LIFE.
I'll be chatting with John "Sherriff" Schreck, acknowledged as one of Australia's best known law enforcers in the racing industry.
Schreck is an eloquent speaker. It should be an interesting conversation.
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