KZN trainer James Goodman has been granted leave to appeal a High Court decision to dismiss a review application.
On 5 April 2013, the KwaZulu-Natal High Court dismissed an application brought by Trainer James Goodman to review the decision of a National Horseracing Authority (“NHA”) Inquiry Board. The Inquiry Board had found Mr Goodman guilty of a contravention of Rule 73.2.4 when a specimen taken from his horse, SEVEN NETWORK, after it participated in Race 6 at Scottville Racecourse on 7 November 2010, disclosed the presence of Diclofenac which is a prohibited substance in terms of the rules of the NHA. The Inquiry Board imposed a fine of R65 000.00 on Mr Goodman, and declared SEVEN NETWORK disqualified from the race in question ordering the winning stake money to be refunded.
Mr Goodman approached the High Court for leave to appeal the Court’s dismissal of the review application referred to above. On 12 July 2013, in granting Mr Goodman leave to appeal, the Court stated that, whilst it did not find it necessary, in dismissing the review, to decide the matter by applying a Constitutional approach, there was a possibility that another court may prefer to follow such an approach. If so it may come to a different conclusion on the dismissal of the review application.
The effect of granting leave to appeal means that the judgment granted against Mr Goodman is suspended pending the appeal hearing.
