Robert Bloomberg – pleased but wants a reciprocal costs order rule introduced
SA champion trainer Sean Tarry’s legal counsel Robert Bloomberg has called on the National Horseracing Authority of South Africa to urgently get its house in order as regards establishing sound grounds for inquiries and thus avoid risking uneccessarily prejudicing innocent parties who are left to carry legal costs.
Bloomberg was reacting after an independent inquiry cleared Tarry, following the trainer recanting a statement made in the widely publicised S’manga Khumalo case.
The NHA Release
The National Horseracing Authority confirmed last Friday that an Inquiry Board, Chaired by Adv John Myburgh SC, was convened to establish if any of the NHA Rules were contravened by Mr Sean Tarry by inter alia filing an affidavit which recanted his earlier evidence given at the Khumalo Inquiry.
The Tarry Inquiry Board concluded the hearing on 11 September 2015 and gave its findings on 17 September 2015.
After hearing the evidence presented by Mr Tarry, the Board accepted Mr Tarry’s version of how it came about that he recanted his evidence. In the absence of any evidence to the contrary, it concluded that Mr Tarry could not be found to have contravened any of the NHA Rules.
Vindicated
Trainer Sean Tarry – vindicated
“I believe that we have been totally vindicated in regard to our pre Inquiry statement that Sean Tarry did not transgress any rules of the NHA. The simple fact that the independent Inquiry Board constituted saw fit to recommend no further action bears testimony to this,” suggested Bloomberg, who is regarded as South Africa’s foremost authority on horseracing related legal matters.
Bloomberg went on to say that the NHA were well aware of the reasons as to why his client recanted his evidence nearly 18 months ago and had ample opportunity to question this during the Khumalo Inquiry de novo – yet they declined to do so, thereby tacitly accepting Tarry’s reasons as previously advanced. He was adamant that this did not justify an independent Inquiry at unnecessary cost.
“What I still believe is manifestly unfair, is that whilst the NHA is funded by the Operators, matters such as this, and the recent Tshwaro Appie matter, which were devoid of substance and did not justify an Inquiry in the first place, severely prejudice innocent parties who are left to foot their legal bills. The NHA has previously undertaken to implement a reciprocal costs order Rule which they have however failed to yet introduce. There is no doubt whatsoever that in certain instances, where an injustice has been perpetrated, that it necessitates a costs order being awarded in favour of the aggrieved party – and not just the NHA. This matter must be urgently addressed,” said Bloomberg.
