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Offline Arsenal

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O.P. « 2016-Nov-17, 09:26 AM »

Wednesday, 16 November 2016

Appeals Updates (16 November 2016)


Before the Racing NSW Appeal Panel

Licensed Jockey Glyn Schofield lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR137(a) following his ride on Laucala in Race 6 at Warwick Farm on Wednesday, 19 October 2016. Glyn Schofield was suspended for a period to commence on 23 October 2016 and to expire on 5 November 2016 on which day he may ride. The appeal was heard on Wednesday, 16 November 2016, following which the Panel issued the following Orders:
1. Appeal is dismissed;
2. Penalty of licence suspension for five (5) meetings imposed by Stewards is confirmed, such suspension to commence on Thursday, 17 November 2016 and to expire on Saturday, 26 November 2016 on which day he may ride;
3. Appeal deposit of $200 is forfeited.

Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(l). Mr Bashford was disqualified for periods of three years (AR175(n)) and two years (AR175(l)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Ashford to reapply for a licence on 22 September 2019. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 1 December 2016 at 9.30 am at the offices of Racing NSW.

Licensed Trainer Jim Delaney has lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(o). Mr Delaney was disqualified for periods of five years (AR175(n)) and two years (AR175(o)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Delaney to reapply for a licence on 22 September 2021. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 1 December 2016 at 9.30 am at the offices of Racing NSW.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175 (a). Mr Karakatsanis was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 15 December 2016 at 9.30 am at the offices of Racing NSW.

Licensed Owner Angelis Vasili has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175 (a). Mr Vasili was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of m Panel. This appeal has been set down for Thursday, 15 December 2016 at 9.30 am at the offices of Racing NSW.

Licensed Trainer Kevin Randall has lodged an appeal against conviction and penalty after Stewards suspended his licence in full for a period of 4 months commencing on 8 November 2016 and to expire on 8 March 2017. Stewards found Mr Randall guilty of a charge of improper conduct under AR175(q) at Casino Racecourse on Friday, 23 September 2016. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

Registered Owner Luke Murrell has lodged an appeal against the severity of a penalty of a $5000 imposed on him by RNSW Stewards. Mr Murrell pleaded guilty to a charge under AR175A, of conduct prejudicial to the image and/or interests of racing. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

Before the NSW Racing Appeals Tribunal
Please note that the dates of 22 November 2016 to 25 November 2016 scheduled for hearing the the appeals below have now been vacated on the application of some of the appellants pending the outcome of related proceedings currently before VCAT in Victoria. New dates are currently being agreed and will be notified as soon as they are settled.

Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.

Giddy Up :beer:

Offline Arsenal

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« 2016-Nov-17, 09:52 AM Reply #1 »
Registered Owner Luke Murrell has lodged an appeal against the severity of a penalty of a $5000 imposed on him by RNSW Stewards. Mr Murrell pleaded guilty to a charge under AR175A, of conduct prejudicial to the image and/or interests of racing. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

Murrell's comments on Facebook for which he apologised and recanted are no longer visible but relate to an opinion he expressed that in a Canterbury race on 26th Oct where trainer Chris Waller had three runners one of which made the pace and weakened while the stable mates fought out the finish he opined it looked like team riding........when charged he pleaded guilty and expressed remorse...for questioning the integrity of stewards...a heavy penalty IMO for putting on record what many others were thinking or saying without going public.

Tuesday, 15 November 2016

"Owner Co-Director Luke Murrell Fined $5000


Racing NSW Stewards today conducted an inquiry relative to comments posted on the Australian Bloodstock Facebook page on 26th October 2016.

Evidence today was taken via teleconference from registered owner and co-director of Australian Bloodstock, Mr Luke Murrell. Mr Murrell was assisted by Solicitor, Wayne Pasterfield.

Mr Murrell pleaded guilty to a charge under AR175A, of conduct prejudicial to the image and/or interests of racing.

AR 175A. Any person bound by these Rules who either within a racecourse or elsewhere in the opinion of the Committee of any Club or the Stewards has been guilty of conduct prejudicial to the image, or interests, or welfare of racing may be penalised.

The details of the charge being, that on 26th October 2016 he posted comments on the Australian Bloodstock Facebook page in relation to a race conducted at Canterbury Park that day, such conduct being prejudicial to the image and/or interests of racing

Mr Murrell was fined the sum of $5000. In assessing penalty, Stewards took into account Mr Murrell’s clear conduct record over a number of years as a registered owner and licensed syndicator.

In addition, the Stewards considered his guilty plea as well as Mr Murrell’s co-operation during the course of the inquiry and the fact he posted a written apology on the Australian Bloodstock Facebook page in the days subsequent to the offending post.

Mr Murrell was advised of his rights of appeal"

Murrell stands a good chance of having this penalty reduced IMO especially in view of the stewards comments as outlined in the above report...the fact that he had been fined previously for giving misleading evidence over the ownership of a horse Hathras with Bruce Clark and Caroline Searcy was four or five years ago and it appears the offence has been expunged due to good behaviour something like the Offenders Rehabilitation Act which gives offenders a second chance after a misdemeanor.

Giddy Up :beer:


Offline wily ole dog

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« 2016-Nov-17, 07:42 PM Reply #2 »
Wow they are getting precious

Offline Arsenal

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« 2016-Dec-16, 06:34 PM Reply #3 »
Friday, 16 December 2016

Appeals Update


The following appeals are before the Racing NSW Appeals Panel:

Registered Owner Luke Murrell has lodged an appeal against the severity of penalty of a $5,000 fine imposed on him by Stewards. Mr Murrell pleaded guilty to a charge under AR175A, of conduct prejudicial to the image and/or interests of racing. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Tuesday, 20 December 2016 at 9.30am at the offices of Racing NSW.

Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(l). Mr Bashford was disqualified for periods of three years (AR175(n)) and two years (AR175(l)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Ashford to reapply for a licence on 22 September 2019. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 2 February 2017 at 9.30am at the offices of Racing NSW.

Licensed Trainer Jim Delaney has lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(o). Mr Delaney was disqualified for periods of five years (AR175(n)) and two years (AR175(o)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Delaney to reapply for a licence on 22 September 2021. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 2 February 2017 at 9.30am at the offices of Racing NSW.

Licensed Trainer Kevin Randall has lodged an appeal against conviction and penalty after Stewards suspended his licence in full for a period of 4 months commencing on 8 November 2016 and to expire on 8 March 2017. Stewards found Mr Randall guilty of a charge of improper conduct under AR175(q) at Casino Racecourse on Friday 23 September 2016. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Friday, 3 February 2017 at 9.30am at the offices of Racing NSW.

Licensed Trainer Chris Waller has lodged an appeal against penalty after being found guilty by the Stewards acting under AR178. This followed the detection of a prohibit substance, in a post-race urine sample taken from Betcha Thinking, after that colt being placed second in Race 2 TAB Plate conducted Canterbury Park on Wednesday, 5 October 2016. This appeal has been set down for Friday, 10 February 2017 at 9.30am at the offices of Racing NSW.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Karakatsanis was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 20 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed Owner Angelis Vasili has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Vasili was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 20 February 2017at 9.30 am at the offices of Racing NSW.

Licensed Jockey Paul King has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR135(b) following his ride on Samar More in Race 5 at the Newcastle Jockey Club meeting on Saturday, 19 November 2016. Paul King was suspended for a period to commence Monday, 19 December 2016 and to expire on Thursday, 19 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. A date is yet to be set.

Licensed Apprentice Jockey Rachel King has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following her ride on Comics in Race 7 at Kembla Grange Racecourse on Saturday, 10 December 2016. Rachel King was suspended for a period to commence Tuesday, 20 December 2016 and to expire on Thursday, 29 December 2016 on which day she may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. A date is yet to be set.

The following appeals are before the NSW Racing Appeals Tribunal:

Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.

The three abovementioned appeals to the NSW Racing Appeals Tribunal have been scheduled for 3, 4, 6 & 7 April 2017.

Giddy Up :beer:

Offline Arsenal

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« 2017-Jan-31, 02:19 PM Reply #4 »

Appeals Updates (Tuesday, 31st January 2017)

Before the Racing NSW Appeal Panel

Licensed trainer Cliff Bashford has lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(l). Mr Bashford was disqualified for periods of three years (AR175(n)) and two years (AR175(l)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently, thus allowing Mr Ashford to reapply for a licence on 22 September 2019. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 2 February 2017 at 9.30am at the offices of Racing NSW.

Licensed trainer Jim Delaney has lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(o). Mr Delaney was disqualified for periods of five years (AR175(n)) and two years (AR175(o)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Delaney to reapply for a licence on 22 September 2021. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Thursday, 2 February 2017 at 9.30am at the offices of Racing NSW.

Licensed trainer Kevin Randall has lodged an appeal against conviction and penalty after Stewards suspended his licence in full for a period of 4 months commencing on 8 November 2016 and to expire on 8 March 2017. Stewards found Mr Randall guilty of a charge of improper conduct under AR175(q) at Casino Racecourse on Friday, 23 September 2016. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Friday, 3 February 2017 at 9.30am at the offices of Racing NSW.

Licensed jockey Blake Shinn has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Lookin' At You in Race 7 at Kembla Grange Racecourse on Tuesday, 3 January 2017. Blake Shinn was suspended for a period to commence Friday, 13 January 2017 and to expire on Friday, 20 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This Appeal has been set down for Tuesday, 7 February 2017 at 9.30am at the offices of Racing NSW.

Licensed jockey Blake Shinn has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Ignite The Light in Race 1 at Warwick Farm Racecourse on Wednesday, 18 January 2017. Blake Shinn was suspended for a period to commence Friday, 27 January 2017 and to expire on Wednesday, 8 February 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This Appeal has been set down for Tuesday, 7 February 2017 following his appeal at 9.30am at the offices of Racing NSW.

Licensed trainer Chris Waller has lodged an appeal against penalty after being found guilty by the Stewards acting under AR178. This followed the detection of a prohibit substance, in a post-race urine sample taken from Betcha Thinking, after that colt being placed second in Race 2 TAB Plate conducted Canterbury Park on Wednesday, 5 October 2016. This appeal has been set down for Friday, 10 February 2017 at 9.30am at the offices of Racing NSW.

Licensed trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Karakatsanis was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 20 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed owner Angelis Vasili has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Vasili was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 20 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(g). Mr Karakatsanis was disqualified for 6 months to expire on 20 June 2017. On the application of the appellant, which was opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Tuesday, 21 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed apprentice jockey Rachel King has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following her ride on Comics in Race 7 at Kembla Grange Racecourse on Saturday, 10 December 2016. Rachel King was suspended for a period to commence Tuesday, 20 December 2016 and to expire on Thursday, 29 December 2016 on which day she may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 6 March 2017 at 9.30am at the offices of Racing NSW.

Licensed jockey Paul King has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR135(b) following his ride on Samar More in Race 5 at the Newcastle Jockey Club meeting on Saturday, 19 November 2016. Paul King was suspended for a period to commence Monday, 19 December 2016 and to expire on Thursday, 19 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 6 March 2017 not before 10.30am at the offices of Racing NSW.

Licensed jockey James McDonald has lodged an appeal against penalty after being found guilty by the Stewards acting under AR83(d) following him having an interest in a bet on the horse Astern to win in Race 1 Surf Meets Turf Plate at Royal Randwick on Saturday, 5 December 2015. James McDonald was disqualified for a period of 18 months to commence on 15 November 2016 and to expire on 15 May 2018. This Appeal has been set down for Monday, 13 March 2017 at 9.30am at the offices of Racing NSW.

Licensed jockey Bobby ElÍssa has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Star Bolt in Race 6 at Kembla Grange Racecourse on Tuesday, 3 January 2017. Bobby ElÍssa was suspended for a period to commence Saturday, 7 January 2017 and to expire on Saturday, 21 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. The Appeal date is yet to be set.

Veterinarian Dr David Garth has lodged an appeal against conviction and penalty after being fined $15,000 by the Racing NSW Stewards. Dr Garth had pleaded guilty to a charge under AR175(h)(ii) that he did administer the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016. The Appeal date is yet to be set.

Licensed trainer David Vandyke has lodged appeals against the severity of penalties imposed on him by the Racing NSW Steward acting under AR175(h)(ii) & AR178, being a total penalty of $25,000. Mr Van Dyke had pleaded guilty to charges under AR175(h)(ii) & AR178 that, as the trainer of Yankee Rose, he did cause to be administered the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick Racecourse on 1 October 2016 as he engaged veterinarian Dr David Garth to administer the prohibited substance ketorolac and that he brought Yankee Rose to Royal Randwick Racecourse on 1 October 2016 for the purpose of engaging in the Group 1 Flight Stakes and the prohibited substance ketorolac was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in that race, respectively. The Appeal date is yet to be set.

Giddy Up :beer:

Offline PoisonPen7

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« 2017-Jan-31, 11:59 PM Reply #5 »
Geez I was wondering why I hadn't seen one of my favourite horses Floral Insight for a while.

What did Jimmy Delaney do??

Online JWesleyHarding

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« 2017-Feb-01, 07:46 PM Reply #6 »
Geez I was wondering why I hadn't seen one of my favourite horses Floral Insight for a while.

Retired

Offline ratsack

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« 2017-Feb-01, 08:08 PM Reply #7 »
Geez I was wondering why I hadn't seen one of my favourite horses Floral Insight for a while.

What did Jimmy Delaney do??

Google JimDelaney 22 sept 16
 :wavecry:
 :rant:

Offline PoisonPen7

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« 2017-Feb-01, 09:22 PM Reply #8 »
Google JimDelaney 22 sept 16
 :wavecry:
 :rant:

Really, really dumb and cruel  :rant:

Very apt penalties.

http://www.theherald.com.au/story/4183574/renowned-trainers-hit-with-shock-race-ban/

Comments from one of the readers says it all:

This process for treating damaged tendons is not known as 'sweating the horse'. Sweating the horse involves bandaging the leg to promote sweat. This is more akin to 'BLISTERING the horse': applying a caustic agent to cause topical trauma in the belief that the increased blood flow to that site will heal the nearby injured tendon quicker. If you have ever seen a horse recovering from this you would have no doubt as to how cruel and painful it is. It is done not due to its efficacy, but because it is quicker than the correct treatment: REST. I am glad that two trainers who have put getting the horse back on the track ahead of her welfare have been severely punished. This is nothing to do with being a 'greenie' or the ridiculous whip rules. Its about burning the legs of an animal. Any of us owners and punters who love our industry/sport and want it to thrive in the future, have to realise that these archaic practices just won't be tolerated going forward.


Offline Arsenal

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« 2017-Feb-08, 05:36 PM Reply #9 »
Trainer/track rider Kevin Randall charged with dangerous riding on Casino track work 4months suspension confirmed by appeal panel.Video evidence shot by the other rider's wife sealed his fate....bad blood apparently between them.

http://www.racingnsw.com.au/notices-display/Reasons-For-Appeal-Decision--Mr-Kevin-Randall/21885

Giddy Up  :beer:

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« 2017-Feb-14, 05:59 PM Reply #10 »
Appeal results for trainers Cliff Bashford and Jim Delaney ......both given credit for previously unblemished records and reduced sentences applied........both men have been around for a long time and are elderly........Bashford outed for 18 months and Delaney gets 3 years for cruelty treating a horse with unsafe products not designed for the purpose. :o

http://www.racingnsw.com.au/site/_content/document/00001639-source.pdf

Giddy Up :beer:

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« 2017-Feb-16, 06:33 PM Reply #11 »
Registered Owner Luke Murrell has lodged an appeal against the severity of a penalty of a $5000 imposed on him by RNSW Stewards. Mr Murrell pleaded guilty to a charge under AR175A, of conduct prejudicial to the image and/or interests of racing. On the application of the appellant, which is not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

Murrell's comments on Facebook for which he apologised and recanted are no longer visible but relate to an opinion he expressed that in a Canterbury race on 26th Oct where trainer Chris Waller had three runners one of which made the pace and weakened while the stable mates fought out the finish he opined it looked like team riding........when charged he pleaded guilty and expressed remorse...for questioning the integrity of stewards...a heavy penalty IMO for putting on record what many others were thinking or saying without going public.

Tuesday, 15 November 2016

"Owner Co-Director Luke Murrell Fined $5000


Racing NSW Stewards today conducted an inquiry relative to comments posted on the Australian Bloodstock Facebook page on 26th October 2016.

Evidence today was taken via teleconference from registered owner and co-director of Australian Bloodstock, Mr Luke Murrell. Mr Murrell was assisted by Solicitor, Wayne Pasterfield.

Mr Murrell pleaded guilty to a charge under AR175A, of conduct prejudicial to the image and/or interests of racing.

AR 175A. Any person bound by these Rules who either within a racecourse or elsewhere in the opinion of the Committee of any Club or the Stewards has been guilty of conduct prejudicial to the image, or interests, or welfare of racing may be penalised.

The details of the charge being, that on 26th October 2016 he posted comments on the Australian Bloodstock Facebook page in relation to a race conducted at Canterbury Park that day, such conduct being prejudicial to the image and/or interests of racing

Mr Murrell was fined the sum of $5000. In assessing penalty, Stewards took into account Mr Murrell’s clear conduct record over a number of years as a registered owner and licensed syndicator.

In addition, the Stewards considered his guilty plea as well as Mr Murrell’s co-operation during the course of the inquiry and the fact he posted a written apology on the Australian Bloodstock Facebook page in the days subsequent to the offending post.

Mr Murrell was advised of his rights of appeal"

Murrell stands a good chance of having this penalty reduced IMO especially in view of the stewards comments as outlined in the above report...the fact that he had been fined previously for giving misleading evidence over the ownership of a horse Hathras with Bruce Clark and Caroline Searcy was four or five years ago and it appears the offence has been expunged due to good behaviour something like the Offenders Rehabilitation Act which gives offenders a second chance after a misdemeanor.

Giddy Up :beer:


And the result is penalty confirmed but $2K stayed essentially he's on a good behaviour bond ...reading the decision I doubt he'll offend again.

http://www.racingnsw.com.au/notices-display/Appeal-by-LUKE-MURRELL-20-December-2016/21977
The orders of the Panel are as follows:
1. Appeal is dismissed;
2. Penalty of $5,000 monetary penalty imposed by Stewards is confirmed however, $2,000 of that penalty is stayed for a period of 12 months on condition that the Appellant does not commit the same or similar breach in that period;
3. Appeal deposit of $200 is forfeited.

Giddy Up :beer:


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« 2017-Feb-27, 09:15 AM Reply #12 »
Appeals Updates (Friday, 24th February 2017)
 
Before the Racing NSW Appeal Panel
Licensed Jockey Bobby ElÍssa has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Star Bolt in Race 6 at Kembla Grange Racecourse on Tuesday, 3 January 2017. Bobby ElÍssa was suspended for a period to commence Saturday, 7 January 2017 and to expire on Saturday, 21 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. On the application of the appellant the appeal was withdrawn, following which the Panel issued the following Orders:
1. Leave granted to the Appellant to withdraw his appeal against the finding of guilt made by Stewards on 3 January 2017;
2. Finding of guilt made by Stewards is confirmed;
3. Leave granted to the Appellant to withdraw his appeal against the penalty imposed by Stewards on 3 January 2017;
4. Penalty of licence suspension for seven (7) meetings imposed by Stewards is confirmed, such suspension to commence on Monday 27 February 2017 and to expire on Sunday 12 March 2017 on which day he may ride;
5. Appeal deposit of $200 is forfeited.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Karakatsanis was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Monday, 20 February 2017 and the Panel has reserved its decision.

Owner Angelis Vasili has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Vasili was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Monday, 20 February 2017 and the Panel has reserved its decision.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(g). Mr Karakatsanis was disqualified for 6 months to expire on 20 June 2017. On the application of the appellant, which was opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Tuesday, 21 February 2017 and the Panel has reserved its decision.

Licensed Trainer Con Karakatsanis has lodged an appeal against the conviction and penalty on a disqualification imposed on him by Stewards acting under AR178E(1). Mr Karakatsanis was disqualified for 12 months to expire on 9 February 2018. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Tuesday, 21 February 2017 and the Panel has reserved its decision.

Licensed Apprentice Jockey Rachel King has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following her ride on Comics in Race 7 at Kembla Grange Racecourse on Saturday, 10 December 2016. Rachel King was suspended for a period to commence Tuesday, 20 December 2016 and to expire on Thursday, 29 December 2016 on which day she may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 6 March 2017 at 9.30am at the office of Racing NSW.

Licensed Jockey Paul King has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR135(b) following his ride on Samar More in Race 5 at the Newcastle Jockey Club meeting on Saturday, 19 November 2016. Paul King was suspended for a period to commence Monday, 19 December 2016 and to expire on Thursday, 19 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 6 March 2017 not before 10.30am at the office of Racing NSW.

Licensed Jockey James McDonald has lodged an appeal against penalty after being found guilty by the Stewards acting under AR83(d) following him having an interest in a bet on the horse Astern to win in Race 1 Surf Meets Turf Plate at Royal Randwick on Saturday, 5 December 2015. James McDonald was disqualified for a period of 18 months to commence on 15 November 2016 and to expire on 15 May 2018. This Appeal has been set down for Monday, 13 March 2017 at 9.30am at the office of Racing NSW.

Veterinarian Dr David Garth has lodged an appeal against conviction and penalty after being fined $15,000 by the Racing NSW Stewards. Dr Garth had pleaded guilty to a charge under AR175(h)(ii) that he did administer the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016. This Appeal has yet to be set.

Licensed Trainer David Vandyke has lodged appeals against the severity of penalties imposed on him by the Racing NSW Steward acting under AR175(h)(ii) & AR178, being a total penalty of $25,000. Mr Vandyke had pleaded guilty to charges under AR175(h)(ii) & AR178 that, as the trainer of Yankee Rose, he did cause to be administered the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016 as he engaged veterinarian Dr David Garth to administer the prohibited substance ketorolac and that he brought Yankee Rose to Royal Randwick racecourse on 1 October 2016 for the purpose of engaging in the Group 1 Flight Stakes and the prohibited substance ketorolac was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in that race, respectively. This Appeal has yet to be set.

Licensed Trainer Garry McCarney has lodged an appeal against the penalty after being found guilty by the Stewards of two counts under AR178. Mr McCarney was disqualified for 15 months for both offences, thus allowing Mr McCarney to reapply for his trainers licence on 1 May 2018. This followed the detection of a prohibit substance, in a pre-race and post-race urine sample taken from Southern Flight, after that mare being placed first in the Class 1 Handicap and Head to Toe the mare being placed first in the Fillies and Mares Maiden Handicap conducted at Narromine on 12 November 2016. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This Appeal has yet to be set.

Before the NSW Racing Appeals Tribunal
Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.

The three abovementioned appeals to the NSW Racing Appeals Tribunal have been rescheduled for four days commencing 30 May 2017.

Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of 18 months under AR175(n) and (AR175(l). On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Tribunal. This Appeal is yet to be set.

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Offline Arsenal

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« 2017-Mar-10, 07:19 PM Reply #13 »
Mr Pasterfield has had another success despite some conflicting opinions as to the actual distance between the horses when the interference occurred and whether it was a mid range or minor interference the learned appeal panel went agin the stewards and reduced the penalty from 5 to 4 weeks and ordered a refund of the appeal deposit.
Watching the race replay R7 the alleged interference isn't obvious the head on might be more relevant.


Wednesday, 8 March 2017
Appeal by RACHEL KING (6 March 2017)
 
RACING NEW SOUTH WALES
APPEAL PANEL
Heard at Racing NSW Offices on Monday, 6 March 2017. Date of decision: Monday, 6 March 2017.
MR R BEASLEY SC — PRINCIPAL MEMBER
MR C CLARE
MR J FLETCHER
APPEARANCES: Racing NSW: Mr Polglase, Stipendiary Steward. Ms King: Mr Pasterfield, Solicitor
IN THE MATTER OF THE APPEAL OF LICENSED APPRENTICE JOCKEY RACHEL KING.
REASONS FOR DECISION:
1. On 10 December 2016 the Appellant, Ms Rachel King (an apprentice jockey), rode the racehorse Stand Alert in the Summer Racing Maiden Handicap at Kembla Grange Racecourse (‘the race’). Stand Alert placed second in the race.
2. Following the race, the Stewards commenced an inquiry into Ms King’s ride. After hearing evidence and viewing race film, the Stewards charged Ms King with careless riding under AR 137(a), which is in the following terms:
‘Any rider may be penalised if, in the opinion of the Stewards,
(a) He is guilty of careless, reckless, improper, incompetent or foul riding.’
3. The particulars of the charge were that as follows:
‘…the careless riding being that in Race 7 today you, as the rider of Stand Alert, allowed your mount to shift in near the 1100m when not clear of Comics ridden by Jeff Penza, resulting in that gelding losing its rightful running and being steadied.’
4. Ms King pleaded guilty to the charge. She was subsequently penalised with a suspension of five meetings. Ms King has appealed to the Panel against the severity of the penalty imposed.
5. Before dealing with the appeal, it should be noted that the penalty imposed on Ms King was as a consequence of the Stewards using the Penalty Guidelines that have been created for Careless Riding. The grade of carelessness assessed here was ‘grade 2 – medium’. As the carelessness resulted in another horse being checked, the Guidelines provide for a seven-meeting suspension. After reductions were imposed for an early plea (10%) and for experience (15% as Ms King is an apprentice), the penalty was reduced from seven to five meetings.
6. Some observations can immediately be made about the Penalty Guidelines. First, they do not bind the Panel. The Panel is free to reach its own view on a penalty to be imposed, and need not follow the Guidelines.
7. Secondly, however, the Panel nevertheless considers that regard should be had to the Guidelines as part of its own assessment. They are a relevant and useful tool, no doubt prepared after careful consideration, and one of the important aims they seek to achieve is consistency in sentencing.
8. No oral evidence was called in this appeal. The appeal book – containing the relevant transcript from the inquiry, and other exhibits, was marked Exhibit A on the appeal. Film of the race, which the Panel was shown, was marked as Exhibit B.
9. In support of the penalty imposed by the Stewards, Mr Polglase drew the Panel’s attention to the following matters:
(a) The rider of Comics in the race, Mr Jeff Penza, gave evidence at the Inquiry that he had a run on the inside, and had to steady his horse. He said he lost his running – see T 1 and 2.
(b) The appellant conceded after viewing the film that she had crossed over in front of Comics at about the 1100m mark when only about a length clear of that horse. She should have been 2 lengths clear for safety.
(c) The actions of the appellant were dangerous. This was not a slight miscalculation, but a manoeuvre that put the horse Comics dangerously close to the heels of the appellant’s horse.
(d) As a consequence, the ride should be assessed at a medium level of carelessness, and having caused a check or to have taken Comics rightful running.
10. Mr Pasterfield, for the appellant, asked the Panel to note the following matters from the evidence:
(a) Jeff Penza did not ride Comics in a vigorous way. This was conceded by the Stewards: T 5 L 230.
(b) The shifting in of the appellant did occur when only about a length and a half clear of Comics, but had nil or negligible impact on how that horse was ridden.
(c) Ms Markwell, the trainer of the horse the appellant rode, made accurate observations about the fact that Jeff Penza did not have to restrain his mount as a result of the appellant’s actions, and always was in the position he wanted to be. No checking was involved. Any interference was very minor – see generally T 3 to 6.
11. Mr Pasterfield’s ultimate submission was that a low level of carelessness was involved, with no impact on the horse Comics. In his view a reprimand was the appropriate penalty here. He also drew the Panel’s attention to the appellant’s relatively good record.
12. We have taken account of all submissions made by Mr Polglase and Mr Pasterfield. Our observations of the film have led us to concluded that the appellant on Stand Alert crossed in front of Comics when only about a length clear of that horse. It did cause a slight checking of that horse and took its running.
13. As stated above, the Penalty Guideline is not binding, but is a useful tool, and assists greatly in consistency of sentencing. The Panel would not lightly disregard it. It is a close-run thing, but in this case we are not comfortably satisfied the ride was of a medium level of carelessness. We are however comfortably satisfied a low level of carelessness was involved, and that the horse Comics was checked to some degree.
14. In our view application of the Guideline is appropriate in this case. Low carelessness with a check results in a six-meeting suspension. Factoring in a plea, and the apprentice discount, a four-meeting penalty is appropriate.
15. The Panels orders are as follows:
(a) Appeal against penalty allowed.
(b) In lieu of a five (5) meeting penalty, a penalty of a four (4) meeting suspension is imposed, such Penalty to commence on 9 March 2017 and to expire on 16 March 2017, on which day the Appellant may ride.
(c) Appeal deposit to be refunded.
 
http://racing.racingnsw.com.au/FreeFields/Results.aspx?Key=2016Dec10,NSW,Kembla Grange

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Offline PoisonPen7

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« 2017-Mar-11, 04:56 AM Reply #14 »
Geez all that for a reduction of 1 meeting in the penalty.

Just watched the replay of Stand Alert's race on December 10th. 5 meetings was a discount of 2 meetings off the standard 7 for that charge and seemed more than fair to me  :what:

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« 2017-Mar-20, 06:12 PM Reply #15 »


Current Status Of Appeals (20th March 2017)

Before the Racing NSW Appeal Panel

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Karakatsanis was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Monday, 20 February 2017 and on 2 March 2017 the Panel made the following orders:
(1) Appeal against finding of guilt is dismissed.
(2) Finding of guilt in relation to breach of AR 175(a) is confirmed.
(3) Appeal against severity of sentence is upheld.
(4) In lieu of a penalty of four months’ disqualification, a penalty of a suspension for two months is imposed. That suspension will commence on Monday 6 March 2017 and will expire at midnight on 5 May 2017, after which time Mr Karakatsanis will be free to train.
(5) Appeal deposit is forfeited.

Licensed Owner Angelis Vasili has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Vasili was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Monday, 20 February 2017 and on 2 March 2017 the Panel made the following orders:
(1) Appeal against finding of guilt is dismissed.
(2) Finding of guilt in relation to breach of AR 175(a) is confirmed.
(3) Appeal against severity of sentence is upheld.
(4) In lieu of a penalty of four months’ disqualification, a monetary penalty of $10,000 is imposed.
(5) Appeal deposit is forfeited.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(g). Mr Karakatsanis was disqualified for 6 months to expire on 20 June 2017. On the application of the appellant, which was opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Tuesday, 21 February 2017 and the Panel has reserved its decision.

Licensed Trainer Con Karakatsanis has lodged an appeal against the conviction and penalty on a disqualification imposed on him by Stewards acting under AR178E(1). Mr Karakatsanis was disqualified for 12 months to expire on 9 February 2018. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Tuesday, 21 February 2017 and the Panel has reserved its decision.

Licensed Jockey Paul King has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR135(b) following his ride on Samar More in Race 5 at the Newcastle Jockey Club meeting on Saturday, 19 November 2016. Paul King was suspended for a period to commence Monday, 19 December 2016 and to expire on Thursday, 19 January 2017 on which day he may ride. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Monday, 6 March 2017 at the office of Racing NSW. The Panel made the following orders:
1) The Appeal is allowed
2) Finding under AR135(b) is set aside
3) Appeal deposit is refunded
4) Written Reasons for Decision to be published at a later date

Veterinarian Dr David Garth has lodged an appeal against conviction and penalty after being fined $15,000 by the Racing NSW Stewards. Dr Garth had pleaded guilty to a charge under AR175(h)(ii) that he did administer the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016. This Appeal was set down for hearing on Friday 24 March at the office of Racing NSW. On Monday 20 March 2017 the appellant sought leave to withdraw the Appeal, which was not opposed by Stewards. The Appeal Panel has granted leave and the Appeal is withdrawn.

Licensed Trainer David Vandyke has lodged appeals against the severity of penalties imposed on him by the Racing NSW Steward acting under AR175(h)(ii) & AR178, being a total penalty of $25,000. Mr Vandyke had pleaded guilty to charges under AR175(h)(ii) & AR178 that, as the trainer of Yankee Rose, he did cause to be administered the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016 as he engaged veterinarian Dr David Garth to administer the prohibited substance ketorolac and that he brought Yankee Rose to Royal Randwick racecourse on 1 October 2016 for the purpose of engaging in the Group 1 Flight Stakes and the prohibited substance ketorolac was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in that race, respectively. This Appeal has been set down for 9.30am Friday 24 March 2017 at the office of Racing NSW.

Licensed Trainer Garry McCarney has lodged an appeal against the penalty after being found guilty by the Stewards of two counts under AR178. Mr McCarney was disqualified for 15 months for both offences, thus allowing Mr McCarney to reapply for his trainers licence on 1 May 2018. This followed the detection of a prohibit substance, in a pre-race and post-race urine sample taken from Southern Flight, after that mare being placed first in the Class 1 Handicap and Head to Toe the mare being placed first in the Fillies and Mares Maiden Handicap conducted at Narromine on 12 November 2016. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. A date for this Appeal is yet to be set.

Licensed Trainer Ian Cook has lodged an appeal against penalty after being found guilty by the Stewards under AR178. On 1 March 2017 Mr Cook was suspended by NRRA Stewards for a period of 3 months commencing on the day and expiring 1 June 2017. This followed the detection of a prohibit substance in a pre-race urine sample taken from Sathern prior to that gelding finishing eight in the Maiden Plate 1370m conducted at Bowraville on 26 November 2016. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. A date for this Appeal is yet to be set.

Licensed Trainer Kent Fleming has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR178. Mr Fleming was disqualified for 3 years, thus allowing Mr Fleming to reapply for his trainers licence on 17 March 2020. This followed the detection of a prohibit substance in a pre-race urine sample taken from Pitbull prior to that gelding winning the Class 2 Handicap 1010m conducted at Ballina on 26 December 2016. An application from Mr Fleming for a Stay of Proceedings is opposed by Stewards. The Principal member of the Appeals Panel made the following orders:
1. Interim stay granted pursuant to LR 107(1)(a) until 4pm Friday 24 March 2017.
2. The Stewards’ submissions dated 20 March 2017 be forthwith provided to the appellant.
3. Appellant to file any submissions in relation to the extension of the interim stay granted in 1 above by no later than 4pm Thursday 23 March 2017.
A date for this Appeal is yet to be set.

Licensed Jockey Tye Angland has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Single Bullet in Race 7 Longines Golden Slipper at Rosehill on Saturday, 17 March 2017. Tye Angland’s licence to ride in races was suspended for a period to commence on Thursday, 23 March 2017 and to expire on Sunday, 2 April 2017, on which day he may ride. This Appeal has been set down for not before 11.30am Friday 24 March 2017 at the office of Racing NSW.

Licensed Jockey Jeff Lloyd has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Houtzen in Race 7 LONGINES Golden Slipper at Rosehill on Saturday, 17 March 2017. Jeff Lloyd’s licence to ride in races was suspended for a period to commence Thursday, 23 March 2017 and to expire on Sunday, 2 April 2017, on which day he may ride. Stewards have acceded to a request from Jockey Jeff Lloyd to amend the dates of his suspension - he is now suspended for a period to commence on Sunday 26 March 2017 and to expire on Sunday 9 April 2017 (6 Meeting) on which day he may ride. This Appeal has been set down for not before 1.00pm Friday 24 March 2017 at the office of Racing NSW.

Before the NSW Racing Appeals Tribunal

Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.

The three abovementioned appeals to the NSW Racing Appeals Tribunal have been rescheduled for four days commencing 30 May 2017.

Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of 18 months under AR175(n) and (AR175(l). On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Tribunal. This Appeal has been set down for 10.00am, Friday 28 April 2017 at the office of Racing NSW.

Licensed Jockey James McDonald has lodged an appeal against penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for 18 months for breaching AR83(d) following him having an interest in a bet on the horse Astern to win in Race 1 Surf Meets Turf Plate at Royal Randwick on Saturday, 5 December 2015. A date for this Appeal is yet to be set.

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Offline Arsenal

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« 2017-Mar-30, 11:33 AM Reply #16 »
Two more decisions on trainers .......Van Dyke fined $25K  penalty confirmed but some interesting conclusions drawn on the trainer's reliance on his vet similar if not identical knowledge of the treatment administered  to the cases of Kavanagh O'Brien & Co who relied on Dr Tom Brennan where the learned VCAT tribunal president Judge Garde acquitted the trainers and blamed the vet...... in this case the learned NSW Racing Appeal Tribunal followed a different path both trainer and vet found  guilty and penalised accordingly.

Van Dyke's vet administered a human medicine product not know as a veterinary treatment.......in the VCAT case it was cobalt.

http://www.racingnsw.com.au/site/_content/document/00001657-source.pdf

"The Panel accepts that Mr Vandyke’s state of mind was one that he felt he could trust Dr Garth, although we do take the view that he should have made more queries than he did once told Toradol was a human medicine. That piece of information should not in our view have offered Mr Vandyke comfort. Dr Suann’s evidence was that based on his inquiries, Toradol was not commonly (if at all) used on horses, and was not “warranted vet practice”: T 19 L 900 – 905. The Panel considers Mr Vandyke should have been concerned that human medicine, rather than a registered veterinary product, was being injected into the fetlock joints of the horse 7 days prior to a race. "

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Offline Arsenal

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« 2017-Apr-27, 10:24 AM Reply #17 »
This is an interesting case the trainer presented two runners at Narromine in November where both winners  returned positives to cobalt ..both  were disqualified once the swabs results were known .....it turns out one of his owners gave the trainer blocks of a product 007  which are meant to be licked by the horses  the label revealed the blocks contained cobalt of around 400mg per kilo but subsequent tests showed this was understated considerably...there was no evidence of any other supplement but the readings suggested there had to be something else apart from the 007 blocks to put the two horses so far above the threshold..... for his trouble the trainer a 65 yo had his disqualification of 15 months confirmed .....down from 2years.

The testing of the blocks revealed a curiosity. While the packaging states that the blocks contain 400 mg of cobalt per kilo, the block given to Head to Toe had 700mg of cobalt per kilo. The reading for the block given to Southern Flight was 1040mgs per kilo. Another unused block contained 1190 mg of cobalt per kilo: see Ex 38 p 86 and Ex 36 p 81.

The appeal panel considered the decision In Victoria in Moody's case but stuck with the NSW Appeal Tribunal policy on consistency of penalties


As discussed in [20] above, the Panel’s attention was drawn to the Victorian decision of Peter Moody. We are not bound by the reasoning in that case, but we take the view that it should be considered. However, while intending no disrespect, we consider we should place more weight on decisions and reasoning of the Racing Appeal Tribunal of this State, unless there is an extremely good reason not to. In any event, our view is that the level of carelessness here is such that a disqualification and not a suspension is warranted.



http://www.racingnsw.com.au/notices-display/Appeal-by-GARRY-McCARNEY-21-April-2017/22686


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« Last Edit: 2017-Apr-27, 10:31 AM by Arsenal »

Offline deepthroat

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« 2017-Apr-27, 10:55 AM Reply #18 »
Explains the now- redacted RNSW 'Notice to trainers' about salt licks last year...
 :chin:

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« 2017-May-02, 07:23 PM Reply #19 »
Monday, 1 May 2017

Appeals Update - Gai Waterhouse & Adrian Bott Lodge Appeal


The following cases are currently before the Racing NSW Appeal Panel:


Gai Waterhouse & Adrian Bott
Licensed Training Partnership of Gai Waterhouse & Adrian Bott has lodged an appeal against conviction and penalty after being found guilty by the Stewards of a breach of AR175A. On 27 April 2017 the Partnership was fined $5,000 by Stewards for a breach of that Rule.

A date for this Appeal is yet to be set.

Kent Fleming
Licensed Trainer Kent Fleming has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR178. Mr Fleming was disqualified for 3 years, thus allowing Mr Fleming to reapply for his trainers licence on 17 March 2020. This followed the detection of a prohibit substance in a pre-race urine sample taken from Pitbull prior to that gelding winning the Class 2 Handicap 1010m conducted at Ballina on 26 December 2016. An application from Mr Fleming for a Stay of Proceedings was opposed by Stewards. The Principal Member of the Appeals Panel granted an interim stay whilst the Appellant filed submissions. On 3 April 2017, the Principal Member granted a stay pursuant to LR 107(1)(a) until further order.

This Appeal has been set down for 9.30am Thursday 4 May at the office of Racing NSW but the Principal Member of the Appeals Panel is currently considering an application from the Appellant to adjourn the hearing due to unavailability of witnesses.

Paul Murray
Licensed Trainer Paul Murray has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR 175(h)(i), AR 175(h)(ii), AR 178, AR 80E(1) and AR 177B(5). Mr Murray was disqualified for a total of 3 ½ years, thus allowing Mr Murray to reapply for his trainers licence on 8 September 2020. This followed the detection of a prohibited substance in a stored sample taken from Alma’s Fury after that horse was placed 2nd in the Doncaster Prelude on 13 April 2013 and the discovery of a bottle labelled “Concentrated Trace Mineral” at Mr Murray’s stables on 17 June 2014. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

This Appeal has been set down for three days commencing 9.30am 22 May 2017 at the office of Racing NSW, and if required a further two days 7,8 June 2017.

James Dobie
Registered stablehand rider James Dobie has lodged an appeal against penalty after being found guilty by the Stewards of a breach of AR81A(1)(a). On 31 March 2017 Mr Dobie was suspended by HNWRA Stewards for a period of 12 months, backdated to commence on 20 February 2017 expiring 20 February 2018. A stay of proceedings was not sought.

This Appeal has been set down for 9.30am, Thursday 11 May 2017 at the office of Racing NSW.

Richard Rohde
Licensed Trainer Richard Rohde has lodged an appeal against penalty after being found guilty by the Stewards of a breach of AR175(a) and a breach of 175(p). On 3 April 2017 Mr Rohde’s trainers license was disqualified by NRRA Stewards for a period of 4 months for the breach of AR175(a) and 1 month for the breach of AR175(p). Such penalty to be served cumulatively and to commence on Tuesday 4 April 2017 and expire on Monday 4 September 2017, on which day he may reapply for a license. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

This Appeal has been set down for Thursday 11 May 2017 at the office of Racing NSW, not before 11.00am.

Con Karakatsanis
Licensed Trainer Con Karakatsanis lodged an appeal against the conviction and penalty on a disqualification imposed on him by Stewards acting under AR178E(1). Mr Karakatsanis was disqualified for 12 months to expire on 9 February 2018. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

This appeal was heard on Tuesday, 21 February 2017. On 29 March 2017 the Panel gave the following orders:
In relation to the charge of breach of AR178E(1) the orders of the Panel a
1.   Appeal against the finding of guilt is dismissed;
2.   The finding of guilt in relation to AR178E(1) is confirmed;
3.   Directions are to be made for the hearing of the appeal against severity of sentence.
Pursuant to order 3, on 30 March 2017 the following directions were made by consent in relation to the hearing of the appeal against severity of sentence:
i)   The appellant to file written submissions as to penalty on or before Friday, 7 April, 2017.
ii)   The respondent to respond to those submissions on or before Thursday, 13 April, 2017
iii)   The Panel will deliver its decision after considering those written submissions


Before the NSW Racing Appeals Tribunal

Cliff Bashford
Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of 18 months under AR175(n) and (AR175(l). On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Tribunal. This Appeal had been set down for 10.00am, Monday 8 May 2017 at the office of Racing NSW.

Samuel Kavanagh
Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Tom Brennan
Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Adam Matthews
Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.

The three abovementioned appeals to the NSW Racing Appeals Tribunal have been rescheduled for four days commencing 30 May 2017.

Angelis Vasili
Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the leniency of penalty in the decision of the Racing NSW Appeal Panel.
The Panel, when confirming a finding of guilt for a breach of AR175(a), imposed a fine of $10,000 on Registered Owner Mr Angelis Vasili in lieu of a penalty of 4 months disqualification. A date for this Appeal is yet to be set.

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Offline deepthroat

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« 2017-May-02, 10:13 PM Reply #20 »
Don't count on the Brennan/Kavanagh appeal being heard.. Same issues with 178D just different state- they'll be awaiting the Court of Appeal verdict first... Although RNSW will likely try and still proceed - it's easy to waste money when it's not your own and finances (lack thereof) often keep people from pursuing cases after all...

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« 2017-May-11, 06:50 PM Reply #21 »
Thursday, 11 May 2017

Status Of Appeals - 11 May 2017

Before the Racing NSW Appeal Panel

Kent Fleming: Licensed Trainer Kent Fleming has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR178. Mr Fleming was disqualified for 3 years, thus allowing Mr Fleming to reapply for his trainers licence on 17 March 2020. This followed the detection of a prohibit substance in a pre-race urine sample taken from Pitbull prior to that gelding winning the Class 2 Handicap 1010m conducted at Ballina on 26 December 2016. An application from Mr Fleming for a Stay of Proceedings was opposed by Stewards. The Principal Member of the Appeals Panel granted an interim stay whilst the Appellant filed submissions. On 3 April 2017, the Principal Member granted a stay pursuant to LR 107(1)(a) until further order. This Appeal has been reschedule for 9.30am Tuesday, 13th June 2017 at the office of Racing NSW.

Paul Murray: Licensed Trainer Paul Murray has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR 175(h)(i), AR 175(h)(ii), AR 178, AR 80E(1) and AR 177B(5). Mr Murray was disqualified for a total of 3 ½ years, thus allowing Mr Murray to reapply for his trainers licence on 8 September 2020. This followed the detection of a prohibited substance in a stored sample taken from Alma’s Fury after that horse was placed 2nd in the Doncaster Prelude on 13 April 2013 and the discovery of a bottle labelled “Concentrated Trace Mineral” at Mr Murray’s stables on 17 June 2014.  On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. Please note that the dates of 22 May 2017 to 24 May 2017 and if required a further two days 7,8 June 2017 scheduled for hearing this appeal have now been vacated pending the outcome of decision of the Victorian Court of Appeal in the matters of O’Brien and Mark Kavanagh in respect of related legal points. New dates will be notified as soon as they are settled.

James Dobie: Registered stablehand rider James Dobie lodged an appeal against penalty after being found guilty by the Stewards of a breach of AR81A(1)(a). On 31 March 2017 Mr Dobie was suspended by HNWRA Stewards for a period of 12 months, backdated to commence on 20 February 2017 expiring 20 February 2018. A stay of proceedings was not sought. This Appeal was heard on Thursday, 11 May 2017. In relation to the charge of breach of AR81A(1)(a) the orders of the Panel a
1.     Appeal against severity of penalty dismissed
2.     Penalty of 12 months suspension backdated to commence on 20 February 2017 confirmed
3.     Penalty provisions of stewards varied (under AR196(4)/AR81D) such that if the appellant satisfactorily completes a course of professional counselling (details to be published in the Panel’s reasons), 6 months of the suspension is suspended, (in lieu of the Stewards decision of 3 months suspended), allowing the appellant to resume riding on 20 August 2017 (in lieu of the Steward’s date of 20 November 2017 if counselling completed)
4.     Appeal Deposit forfeited.

Richard Rohde: Licensed Trainer Richard Rohde has lodged an appeal against penalty after being found guilty by the Stewards of a breach of AR175(a) and a breach of 175(p). On 3 April 2017 Mr Rohde’s trainers license was disqualified by NRRA Stewards for a period of 4 months for the breach of AR175(a) and 1 month for the breach of AR175(p). Such penalty to be served cumulatively and to commence on Tuesday 4 April 2017 and expire on Monday 4 September 2017, on which day he may reapply for a license. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This Appeal was heard on Thursday, 11 May 2017. In relation to the charge of breach of AR175(a) and a breach of 175(p) the orders of the Panel a
1.     Appeal against severity of penalty for a breach of AR175(a) dismissed
2.     Penalty of 4 months disqualification for the breach of AR175(a) confirmed
3.     Appeal against severity of penalty for a breach of AR175(p) dismissed
4.     Penalty of 1 month disqualification for the breach of AR175(p) confirmed, with a variance that two weeks of which is to be served concurrently with the disqualification for the breach of AR175(a)
5.     Disqualifications to commence 18 May 2017 and conclude 2 October 2017 at which time the appellant may reapply for a licence
6.     Appeal deposit forfeited

Gai Waterhouse and Adrian Bott: Licensed Training Partnership Gai Waterhouse & Adrian Bott has lodged an appeal against conviction and penalty after being found guilty by the Stewards of a breach of AR175A. On 27 April 2017 the Partnership was fined $5,000 by Stewards for a breach of that Rule. This Appeal has been set down for 9.30am Friday 2nd June 2017 at the office of Racing NSW.

Con Karakatsanis: Licensed Trainer Con Karakatsanis lodged an appeal against the conviction and penalty on a disqualification imposed on him by Stewards acting under AR178E(1). Mr Karakatsanis was disqualified for 12 months to expire on 9 February 2018. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Tuesday, 21 February 2017. On 29 March 2017 the Panel gave the following orders:
In relation to the charge of breach of AR178E(1) the orders of the Panel a
1.     Appeal against the finding of guilt is dismissed;
2.     The finding of guilt in relation to AR178E(1) is confirmed;
3.     Directions are to be made for the hearing of the appeal against severity of sentence.
Pursuant to order 3, on 30 March 2017 the following directions were made by consent in relation to the hearing of the appeal against severity of sentence:
i)              The appellant to file written submissions as to penalty on or before Friday, 7 April, 2017.
ii)             The respondent to respond to those submissions on or before Thursday, 13 April, 2017
iii)            The Panel will deliver its decision after considering those written submissions

Before the NSW Racing Appeals Tribunal

Cliff Bashford: Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of 18 months under AR175(n) and (AR175(l).  On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Tribunal. This Appeal was heard on Monday 8th of May 2017 The Tribunal has reserved it’s decision.

Samuel Kavanagh: Mr Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Tom Brennan: Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Adam Matthews: Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.  Please note that the dates of 30 May 2017 to 2 June 2017 scheduled for hearing the abovementioned appeals have now been vacated pending the outcome of decision of the Victorian Court of Appeal in the matters of O’Brien and Mark Kavanagh in respect of related legal points. New dates will be notified as soon as they are settled.

Angelis Vasili: Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the leniency of penalty in the decision of the Racing NSW Appeal Panel. The Panel, when confirming a finding of guilt for a breach of AR175(a), imposed a fine of $10,000 on Registered Owner Mr Angelis Vasili in lieu of a penalty of 4 months disqualification. A date for this Appeal is yet to be set.

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« 2017-May-19, 05:58 PM Reply #22 »
Cliff Bashford: Licensed Trainer Cliff Bashford has lodged an appeal against conviction and penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of 18 months under AR175(n) and (AR175(l).  On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Tribunal. This Appeal was heard on Monday 8th of May 2017 The Tribunal has reserved it’s decision.

Mr Bashford loses at the Appeal tribunal on cruelty charges further submissions invited on the question of penalty.


 http://www.racingnsw.com.au/site/_content/document/00001679-source.pdf


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« 2017-Jun-02, 07:44 PM Reply #23 »
Friday, 2 June 2017

Appeal Updates (2 June 2017)

Before the Racing NSW Appeal Panel

Gai Waterhouse and Adrian Bott: Licensed Training Partnership Gai Waterhouse & Adrian Bott lodged an appeal against conviction and penalty after being found guilty by the Stewards of a breach of AR175A. On 27 April 2017 the Partnership was fined $5,000 by Stewards for a breach of that Rule.
This Appeal was heard on Friday, 2nd June 2017 at the office of Racing NSW. The panel has reserved its decision.


Kent Fleming: Licensed Trainer Kent Fleming has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR178. Mr Fleming was disqualified for 3 years, thus allowing Mr Fleming to reapply for his trainers licence on 17 March 2020. This followed the detection of a prohibit substance in a pre-race urine sample taken from Pitbull prior to that gelding winning the Class 2 Handicap 1010m conducted at Ballina on 26 December 2016. An application from Mr Fleming for a Stay of Proceedings was opposed by Stewards. The Principal Member of the Appeals Panel granted an interim stay whilst the Appellant filed submissions. On 3 April 2017, the Principal Member granted a stay pursuant to LR 107(1)(a) until further order. This Appeal has been rescheduled for 9.30am Wednesday, 14th June 2017 at the office of Racing NSW.

Bobby El-Issa: Licensed Jockey Bobby El-Issa has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR135(b) after his ride on SOUL TESTA in Race 4 (Goulburn Express Freight Maiden Handicap, 1600m) at the Goulburn race meeting on Friday, 17 March 2017. On 15 May 2017, Mr El-Issa was suspended for a period of 4 months to commence on Sunday 21st May 2017 and to expire on Thursday, 21st September 2017. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This Appeal has been set down for 9.30am Friday, 16th June 2017 at the office of Racing NSW.

Daniel Want: Licensed Trainer Daniel Want has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR178D. On 15 May 2017, Mr Want was disqualified for 15 months, thus allowing him to reapply for his trainers licence on 15 August 2018. This followed the detection of a prohibit substance in a post-race urine sample taken from Too Can Dance after winning the Maiden Plate 1700m at Grafton on 13 February 2017. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. A date for this Appeal is yet to be set.

Paul Murray: Licensed Trainer Paul Murray has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR 175(h)(i), AR 175(h)(ii), AR 178, AR 80E(1) and AR 177B(5). Mr Murray was disqualified for a total of 3½ years, thus allowing Mr Murray to reapply for his trainers licence on 8 September 2020. This followed the detection of a prohibited substance in a stored sample taken from Alma’s Fury after that horse was placed 2nd in the Doncaster Prelude on 13 April 2013 and the discovery of a bottle labelled “Concentrated Trace Mineral” at Mr Murray’s stables on 17 June 2014. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.

*Please note that the dates of 22 May 2017 to 24 May 2017 and if required a further two days 7,8 June 2017 scheduled for hearing this appeal have now been vacated pending the outcome of decision of the Victorian Court of Appeal in the matters of O’Brien and Mark Kavanagh in respect of related legal points. New dates will be notified as soon as they are settled.

Before the NSW Racing Appeals Tribunal
Samuel Kavanagh: Has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Dr Tom Brennan: Has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

Adam Matthews: Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to uphold an appeal by Dr Adam Matthews against five charges.

*Please note that the dates of 30 May 2017 to 2 June 2017 scheduled for hearing the above mentioned appeals have now been vacated pending the outcome of decision of the Victorian Court of Appeal in the matters of O’Brien and Mark Kavanagh in respect of related legal points. New dates will be notified as soon as they are settled.

Angelis Vasili: Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the leniency of penalty in the decision of the Racing NSW Appeal Panel. The Panel, when confirming a finding of guilt for a breach of AR175(a), imposed a fine of $10,000 on Registered Owner Mr Angelis Vasili in lieu of a penalty of 4 months disqualification. A date for this Appeal is yet to be set.

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« 2017-Jun-03, 07:41 AM Reply #24 »
So next weeks proceedings may solve a few of RNSW's appeals....  :chin:


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