Asia Pacific bowlers appeal decision

EXCLUSIVE: THE four bowlers found guilty of throwing an end at the Asia Pacific Championships in Malaysia last August will appeal the decision.

The lawyers for Gary Lawson, Shannon McIlroy, Jamie Hill and Shayne Sincock this week filed the necessary papers with the Sports Tribunal.

A final decision on whether to proceed is unlikely to be made until the Bowls New Zealand judicial hearing rules on penalty.

That is now likely to be around February 10 as one of the judicial panel members is on holiday.

Bowls New Zealand has recommended suspensions for all four players.

Whether that takes into account the time already served – the players have been suspended from the Black Jacks since September – or requires additional time is one of the issues the panel will decide.

Sunday News understands that Tim Vogel and Jai Moss, who have been representing the players, have been going through player agreements from other sports to see how they treat similar charges.

If this was a cricket disciplinary matter, it would be a grade-two offence which carries a fine of 50% of the player's match fee.

Meanwhile, a senior court official has questioned the independence of the judicial panel.

"An independent panel has to be completely divorced from both parties," said the official, who asked not to be named because he knows some of the parties involved.

"The panel has to be people who are not involved or have any connection with New Zealand Bowls."

The judicial panel is chaired by district court judge John Bisphan. Neil McGillivray, the husband of board member Cushla, is also on the panel.

"That surprises me. It's the board that is bringing the proceedings against both players," the official said.

He was also concerned about public references made to a 2008 incident, which involved Lawson, who has steadfastly denied he was ever found guilty of anything.

"You have the right to hear your accuser and to be able to respond and give your evidence," he said. "But if there was no hearing then you can't be found guilty of any charge. It's a principle of fairness.

"You can't bring up a person's previous conviction to find them guilty of another offence. You can bring it up as a factor when considering what penalty to impose but you can't say, `oh well you have done it before so you have probably done it again now'.

"It's important that in matters like this you tell the whole story rather than look for evidence to convict."

- © Fairfax NZ News