At the outset of the appeal, the Appellant raised 9 preliminary grounds of appeal pertaining amongst others to the fairness of the proceedings at the inquiry level and the real likelihood of a perception of bias on the part of the Board of Racing Stewards of the Horse Racing Division of the Gambling Regulatory Authority. The Appellant jockey also raised fundamental points of law in relation to the exhibits provided by the Horse Racing Division of the Gambling Regulatory Authority namely:
- the Horse Racing Division had failed to provide to the Appellant documents and exhibits (including a copy of the various angles of the film used by the Stewards) produced during the proceedings in breach of section 11(3)(b) of the Gambling Regulatory Authority Appeal Committee Regulation 2022 GN No. 186 of 2022;
- Relying on the English principle of bias enunciated in Porter vs Magill [2002] 2 AC 357, the Appellant cannot benefit from a fair hearing inasmuch as there is a real likelihood of a perception of bias;
- The Appellant cannot benefit from a fair hearing as provided under section 10(8) of the Constitution of Mauritius
During the course of the appeal, a practical solution was sought with the concurrence of the legal adviser of the Board of Racing Stewards of the Horse Racing Division in view of the fact that the appeal had been ongoing for more than six months and during which time the appellant was unable to ride in Malaysia. Such prejudice was increasing in view of the fact that the professional jockey was unable to earn his livelihood by riding in races in Malaysia.
In the absence of any clear indication from the Appeal Committee of how much more time the Appeal Committee would take to reach a final decision in this appeal, it was agreed that these proceedings would not yield the desired effect for the Appellant. In the circumstances, the parties to the appeal discussed and reached an agreement to jointly request an order from the Appeal Committee under Section 16 (b) of the Gambling Regulatory Authority Appeal Committee Regulation 2022, for the Appeal Committee to remit the matter back to the Horse Racing Division for its reconsideration. The Horse Racing Division further agreed that the penalty meted out against the Brazilian rider ought to be reduced and considered spent to cease with immediate effect as of midnight on the 08 August 2023.
Brazilian Jockey De Souza having obtain a clearance certificate from the Mauritian authorities (needed as part of the reciprocity of sanctions in other jurisdictions), can now apply for his licence to ride in races in Malaysia.
