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Queensland Racing chairman Bob Bentley has slammed Brisbane Turf Club chairperson Mary Collier for deliberately misleading members before they voted on the merger of the BTC and Queensland Turf Club.
Bentley sought legal advice before releasing a scathing attack on the voting process adopted by the BTC.
Collier had stated that the decision taken by members was "under the necessary and proper legal process".
However Bentley, with legal advice, refuted this statement and others made by Collier saying that they were designed to legitimise proceedings.
"In the end "democracy at work", Ms Collier style meant that less than 28 per cent of members are dictating the future of the BTC and Brisbane metropolitan racing notwithstanding the will of more than 72 per cent of members of the BTC and 84 per cent of the combined BTC/QTC voting membership,” Bentley said.
“A vote of 84 per cent of interested metropolitan racing members should be an undeniable mandate to merge.”
Bentley today issued a statement stripping down the BTC merger vote process.
The statement said there was no requirement of the Corporations Act 2001 to have a 75 per cent vote for the merger motion to succeed.
Bentley said the fact that the BTC previously tried to introduce a 50 per cent plus one vote supports the correctness of the statement that a 75 per cent requirement did not apply.
He said neither the Corporations Act 2001 nor the Constitution of the BTC pre-November, 2007 required members to vote on the issue at all.
"The question needs to be asked why did Ms Collier leave the members unaware that a simple majority vote of 50 per cent was all that was required to know the members attitude towards the merger?" Bentley asked.
"Members were misled into believing that resolution (75 percebnt majority) was a necessary part of the process.
"This was a hurdle imposed for personal preservation of a committee under siege and determined to hold office irrespective of the will of the majority.
"There can be no doubt that members voted in ignorance of the facts as to what was necessary. The strategy reflected the desperation of the 'no merger' directors."
Bentley said that at the BTC meeting, the 'anti merger' speaker Ms Collier spoke last, and in doing so launched personal attacks on two other club directors who were not offered a right of reply.
"The process imposed on the BTC members was legal, but undoubtedly misleading, and has enshrined a situation where a minority controls the will of the democratic majorit," Bentley said.
"In Brisbane's case the future of metropolitan racing has taken a further blow to its credibility.
"Ms Collier in addressing the meeting stressed the importance of members voting to show democracy at work. Democracy at work did not require a 75 per cent vote."
