Court backs snooker boss

Henderson permission to offer longterm in-house advertising, and it appeared the $250 payment had gone into Henderson’s personal account.

Clubs of Marlborough president Gordon Herkt asked him to attend a meeting about his conduct on July 10.

Henderson replied, accusing the club of not supporting the sports lounge and asking for a list of questions the meeting would cover so he could ‘‘bring the appropriate people’’.

Davis wrote back saying ‘‘the reasons for your reluctance to attend ... have been noted’’ and ‘‘in the circumstances your attendance at the meeting will not be required’’.

The committee met without Henderson on July 10, and decided to suspend him after considering his conduct over the signage and his ‘‘patently false statements ... concerning the lack of support’’ for snooker competitions.

They believed Henderson was responsible for a letter signed by the full snooker section earlier in the year, criticising the club’s lack of support for a recent tournament.

Henderson was refused an appeal of the suspension.

At a later meeting to discuss the investigation, according to Justice Dobson’s decision, vice-president Jason Clouston told Henderson’s lawyer Simon Gaines and Henderson’s brother they had no right to be at the meeting and were not to speak.

Clouston told the court his comment was an ‘‘introductory challenge ... in what I regarded as a light-hearted way’’. He referred to a note he made that day saying it was a ‘‘whack around the chops to unsettle; worked a treat’’.

Justice Dobson said the comment did not seem light-hearted.

Henderson was expelled from the Clubs of Marlborough at a committee meeting on August 28.

All the subcommittee members at the investigation meeting filed affidavits for the court saying Gaines had called Henderson a liar, so they took that as an admission of Henderson’s guilt.

Henderson and his brother denied the accusation in court, saying they would have fired Gaines.

Justice Dobson said in his decision the club’s rules were ‘‘deficient’’.

Henderson was ‘‘vulnerable to an adhoc procedure’’ which denied him the opportunity to defend himself, and ‘‘breached any basic obligations of natural justice’’.

The process should be the same no matter who made the complaint, and there should always be a right of appeal, Justice Dobson said.

Justice Dobson recommended Henderson’s membership be reinstated.