There is no unqualified right to legal representation before the Stewards under the Western Australian Trotting Association Act 1946 and Rules of Trotting; the right to procedural fairness may require legal representation depending on the complexity of the issues and the circumstances of the case. Where a hybrid body exercises both investigative and deliberative functions, the investigative body is not automatically disqualified from hearing the charge; the question is whether the appearance of fairness was violated. The defence of reasonable precautions under r 479(2) is not limited to stable security measures but may extend to evidence of environmental and biological factors affecting the horse.
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