Racing: Aga loses new court judgment

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The Independent Online
THE AGA KHAN, whose 1989 Oaks winner Aliysa was disqualified by the Jockey Club, failed yesterday in his latest court attempt to challenge the decision.

Three Court of Appeal judges held that the Jockey Club disqualification was not open to judicial review, saying that the procedure is confined to public law decisions of governmental bodies and tribunals. The Aga Khan is to seek leave to appeal to the House of Lords. If he succeeded in overturning yesterday's judgment, the case would have major implications for the controlling bodies of other sports, including football, boxing and tennis.

Aliysa lost the Epsom classic 17 months after winning it. A lengthy Jockey Club inquiry ruled that traces of 3-hydroxycamphor (3-HC) found in the filly's urine came from camphor, a prohibited substance.

Lawyers for the Aga Khan argued in the Court of Appeal that some of the Jockey Club's powers were plainly in the 'public' sphere and should be open to review. The Club argued that its disciplinary powers were the same as a soccer referee's fair play functions and should not be made subject to review in the courts.