Due Diligence

…Racing Commission chairman says due process has to be followed to the letter in dealing with 'battery' case


Friday, January 11, 2019

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CHAIRMAN of the Jamaica Racing Commission (JRC), Clovis Metcalfe, is giving the undertaking that the process of due diligence is going to be strictly adhered to in dealing with the 'battery' case which emerged during last Saturday's (Jan 5) 10-race programme at Caymanas Park.

During what has been described as a routine search of riders at the starting gates it was reported that a device popularly known as a 'battery' in racing was discovered on one of the jockeys, an apprentice. A 'battery' is usually described as an instrument sometimes used by jockeys to convey electrical impulses to horses in order to significantly increase their chances of winning.

News of the 'battery' discovery swept through Caymanas Park like wildfire with many racing fans now asking the question – what's next?

Metcalfe provided some of the answers.

“This is what I can report at this time. Statements from all parties concerned are now being taken by the appropriate officials.

“When completed, these statements will be assessed and then a determination is made whether to hear the matter by the commission or refer the case to the First Instance Tribunal.

“If the case goes to the First Instance Tribunal and if the outcome is not in favour of the individual, that is, he/she is found guilty as charged, then that individual can appeal to the Commission itself and if the guilty verdict is upheld by the Commission then the individual under the laws governing horse racing in Jamaica, has the right to appeal further, this time to the Supreme Court by way of judicial review. It must be understood that under the law, the Racing Commission is given powers of a Resident Magistrate Court, so any appeal after the Commission has ruled has to be taken to a higher level which is the Supreme Court,” Metcalfe shared with the Supreme Racing Guide.

The JRC chairman then stressed that leading up to the hearing of the case, during the hearing itself and afterwards, the rights of the individual in question are going to be fully protected.

“I want to stress that the JRC is going to follow to the limit all the due diligence associated with a case such as this one pertaining to the discovery of the electrical device commonly referred to as a 'battery'. The protocols will be strictly adhered to.

“We are going to do everything by the book to ensure that the person in question is given all the requirements under the law to present his/her case which will be fairly heard before a ruling is made,” Metcalfe promised.

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