On 19 December 2012 Mr E Verdonese appeared before an Appeal Board comprising Adv G Hoffman SC, Adv D Beasley SC and Mr M Ramafalo.
Mr Verdonese appealed against the sentence imposed on him by an Inquiry Board which had found him guilty of conducting himself in an improper manner at Turffontein Racecourse. This conviction followed a fracas, after a night race meeting held on 1 May 2012, involving a number of personalities in the racing industry.
The sentence imposed was a fine of R25 000.00, of which R10 000.00 was suspended on condition that Mr Verdonese was not convicted of a similar offence in the future.
After considering the evidence, the Appeal Board came to the conclusion that, having regard to the conduct of Mr Verdonese during the incident, the sentence was excessive.
The appeal against sentence was accordingly upheld and the sentence was replaced with a finding that Mr Verdonese was fined R25 000.00 of which of R20 000.00 was suspended on condition that he was not found guilty of a similar offence in the next three years.
Thereafter the same Appeal Board considered an appeal of sentence by Mr Joe Soma, arising out of the same incident. After considering the evidence, and in particular the role played by Mr Soma, the Appeal Board decided that there were no grounds whatsoever to interfere with the sentence imposed on Mr Soma by the Inquiry Board.
The sentence was a fine of R25 000.00, of which R10 000.00 was suspended on certain conditions. In the result, Mr Soma’s appeal was dismissed.
In passing it was noted that a third person, Mr B Little, who had similarly been found guilty of conducting himself in an improper manner as a result of the same incident, had not lodged an appeal.
However it was pointed out that his case would come before an Inquiry Review Board in the ordinary course and would be dealt with accordingly.
Enquiries:
D J Pillay
Chief Executive Designate
