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Racing NSW News - N.S.W Gallops - Racehorse TALK

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Offline Arsenal

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« 2018-Dec-02, 11:10 AM Reply #25 »
At Rosehill yesty stewards had their eyes on several rides questioning 6 riders to explain themselves all explanations accepted while SAVACOOL went like a hobbled duck in a 5 horse race won by its less fancied stablemate turns out it suffered a bout of cardiac arrhythmia this is its second bout of this affliction ...... would be a risky conveyance in the future assuming it passes the regulatory tests.

And young Will Freedman caught with a syringe fined......dad didn't get any penalty. 


https://www.racingaustralia.horse/PostStewardsReports/01122018RHIL.pdf

RACE 4: ATC Cup 2000m: Savacool – Rider K. McEvoy advised that Savacool travelled satisfactorily in the early stages, but when under pressure from the 800m he was concerned there was something amiss with the mare and eased her from the race rounding the home turn. A post-race veterinary examination revealed the mare to be displaying cardiac arrhythmia. Trainer Mr C. Waller advised that Savacool had pleased the stable leading into the race and, as K. McEvoy explained to the Stewards, had worked well on Tuesday 27 November and was expected to perform well. Mr Waller was advised that as this is the second occasion on which Savacool has displayed cardiac arrhythmia he will be required to provide a veterinary clearance, which is to include the satisfactory results of an ECG, echocardiograph and cardiac troponin test prior to the mare barrier trialling to the satisfaction of the Stewards.

Giddy Up :beer:


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« 2018-Dec-07, 10:40 PM Reply #26 »

Landmark decision exposes racing to flurry of legal challenges
 
By Adam Pengilly
7 December 2018 — 4:43pm
Some of the highest-profile convictions in NSW thoroughbred racing have been thrust back into the spotlight after a sensational decision by the Racing Appeals Tribunal, which ruled stewards had been wrongly charging people under an Australian rule of racing for up to a decade.

Racing Appeals Tribunal head David Armati said on Friday Racing NSW stewards should never have had the power to penalise people in the way they were using AR175. The rule has been included in some of the state's biggest inquiries in recent years

Two of the longest bans handed out in NSW to trainers Darren Smith and Sam Kavanagh over cobalt use involved charges under AR175. Smith (15 years) and Kavanagh (six years and three months) were handed virtual career-ending stints on the sidelines by the industry regulator.

The highly publicised sale of an ex-Chris Waller-trained horse to Hong Kong involved charges against Richard Callander and Liam Prior subject to the same rule, while prominent owner John Singleton was slapped with a $15,000 fine over the More Joyous affair under AR175A for conduct prejudicial to the image of racing.

Armati's judgment was made after a submission in a recent case by the legal counsel for long-time licensee Carl Poidevin, who challenged whether stipes were in fact allowed to charge him under AR175 acting on the authority of Racing NSW chief executive Peter V'landys.

Stewards argued the Racing NSW board had delegated powers to V'landys, who in turn has sub-delegated to the chief steward the power to penalise people under AR175.


But their plea was dismissed by Armati in a judgement that has sent the racing industry into a tailspin about the potential ramifications. Armati said V'landys needed to delegate the powers to a committee rather than a single person, such as a chief steward, a change V'landys said he would make "in 10 seconds".

But Fairfax Media understands a number of persons charged under AR175 had started considering their options on Friday.

"AR175 is the rule that prescribes 30 offences under the rules of racing," Poidevin's legal counsel Paul O'Sullivan said. "Stewards having been charging persons under AR175 and imposing penalties, which include suspensions and disqualifications.

"Today's decision of the Racing Appeals Tribunal in the matter of Poidevin confirms that the stewards are not empowered to penalise under AR175. Persons who may have been wrongly penalised may now wish to consider redress."

It's understood at least one high-profile case involving a group 1-winning jockey was adjourned in response to the ongoing wrangling over the rule in NSW after being due to resume in Victoria.

V'landys stressed Armati's decision would not have any impact on previous cases.

"It's a minor procedural deficiency which is rectified within 10 seconds," he told Fairfax Media. "We'll correct it. We respect the judge's decision and we'll apply that change quickly."

An inquiry involving Newcastle trainer Ben Smith also entails charges under AR175. His hearing, which was due to resume next week, has been adjourned after Friday's decision.

The news of the legal drama for Racing NSW comes just 48 hours after they announced the creation of the $7.5 million Golden Eagle, a race set to be the world's third richest on turf and the centrepiece of a new suite of events to bolster Sydney's spring carnival.
But the race attracted a stinging rebuke from the Victoria Racing Club because the Golden Eagle will be held on the same day as Flemington's Derby Day, which starts the Melbourne Cup carnival.
Meanwhile, stewards announced on Friday elevated levels of cobalt had been found in the samples from four Ben Smith-trained horses both on raceday and out of competition. One included a non-raceday sample taken from group 1-winning filly El Dorado Dreaming in September.
https://www.racing.com/news/2018-12-07/news-procedural-issue-wont-compromise-cases

ENDS

This is a major issue AR175 is applied  extensively in all jurisdictions and V'Landy's confidence that this decision has no impact on previous cases seems dubious..... if the rule wasn't applied properly in NSW in the case under review you can bet those dealt with previously will be considering their legal options...as should V'Landys and Racing NSW  the Racing Appeals Tribunal Mr D B Armati is after all a domestic tribunal and any decision could be taken on appeal and review to the appropriate
court of law.

This is the case reference which led to the reserved decision which is still to be made available but the sense of it is in the article above.

https://www.racingnsw.com.au/wp-content/uploads/TR-Poidevin-jurisdiction-decision-003-002.pdf

Giddy Up :beer:

« Last Edit: 2018-Dec-08, 09:27 AM by Arsenal »

Offline Arsenal

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« 2019-Mar-06, 06:58 PM Reply #27 »
Warning Off – Mrs Sally Snow
•   
•   
•   
Racing NSW has, on Wednesday, 6 March 2019, warned off Mrs Sally Snow, Senior Trading Manager – Thoroughbred Trading Fixed Odds Betting for TAB, effective immediately following her failure to adhere to directions of Racing NSW Stewards.

Mrs Snow was repeatedly directed to produce her mobile telephone(s) to the Racing NSW Stewards in relation to an investigation and inquiry into betting activities.

Mrs Snow refused to produce her mobile telephone(s) for imaging, as directed, on the basis that she wished to assert her common law privilege against self-incrimination and also informed the Racing NSW Stewards that also intended to assert common law privilege against self-incrimination and not provide any information or evidence at any inquiry.

Mrs Snow was repeatedly warned that failure to cooperate would be subject to sanction without further notice, including possibility of being warned off until she did fully cooperate.

Mrs Snow’s refusal to cooperate with Racing NSW Stewards has obstructed and hindered them in investigating matters that are potentially of serious concern.
Mr V’landys AM said:

“Racing NSW has zero tolerance for those that obstruct and hinder the maintenance of the integrity of thoroughbred racing in New South Wales. We have set a precedent in warning off, and/or excluding from participation, those persons that jeopardise the integrity of racing and it is important that we maintain that strong stance.

“Even though Mrs Snow has refused to cooperate, we will continue to pursue the matter to ensure the integrity of thoroughbred racing has not been compromised,” Mr V’landys AM added.

The consequences of being warned off include not being permitted to enter any racecourse or training facility, not be able to have an interest in any thoroughbred racehorse and not being able to place a bet on thoroughbred races with a wagering operator.

The warning off will remain in place until Mrs Snow cooperates fully to the satisfaction of Racing NSW and its Stewards.

ENDS

Sally Snow's hubby Nathan Snow is reported to be a professional punter but no allegations of any wrong doing have been made against him ....Sally  Snow has resigned her position ....she is not a licensed person and is in a similar position to pro punter Neville Clements in Victoria who also refused to hand over his phone to RV stewards .....RV took the necessary step to amend the Rules by introducing a Local Rule to cover situations like this ...the other States could have done the same.

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Offline wily ole dog

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« 2019-Mar-06, 07:20 PM Reply #28 »
Rather smelly

Online Jeunes

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« 2019-Mar-06, 08:33 PM Reply #29 »
A bit more information from racenet.

https://www.racenet.com.au/news/betting-activities-of-unnamed-persons-brings-about-the-downfall-of-tab-bookmaker-20190306

I know she resigned but how did the TAB allowed her to do the job if she was under investigation as this was not an overnight enquiry?

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« 2019-Mar-14, 08:06 PM Reply #30 »
Racing authorities probe link between pro punter Fletcher and Snow
By Sam Phillips
March 14, 2019 — 12.00am

Prominent punter Steve Fletcher has drawn the attention of racing authorities once again, this time as part of Racing NSW's investigation into former Tabcorp trading manager Sally Snow.

Fletcher is now being investigated over his relationship to Snow and, by extension, her husband, professional punter Nathan Snow.

Racing authorities are looking into the relationship between gambling identity Steve Fletcher and Sally Snow.

Fletcher first featured in headlines after he and Eddie Hayson won millions on a New Zealand Warriors-Newcastle Knights NRL match in 2006. Both men denied having any knowledge of star halfback Andrew Johns being injured before they placed their winning wagers and no charges were ever laid.

Snow was warned off all NSW tracks last Wednesday and resigned from her position at Tabcorp after she repeatedly refused requests to hand over her mobile phone to stewards.

She asserted her common law privilege against self-incrimination and told stewards she would not provide any information or evidence at an inquiry. She is subsequently unable to attend any racecourse nationwide, cannot have anything to do with horse ownership and cannot place a bet with a wagering operator.

The Herald understands Racing NSW stewards are now investigating the Snow family's relationship with Fletcher on three fronts.

Firstly, whether prices at the TAB were being manipulated to offer inflated odds on particular horses, which Fletcher was subsequently able to take advantage of.

Secondly, whether limits often placed on successful punters such as Fletcher were being waived and allowing him to bet with the TAB to collect substantial amounts.

Finally, whether Fletcher was betting with accounts registered in names other than his through the TAB, a process commonly referred to as "using a bowler" in the wagering industry.

No charges have been laid with respect to the current investigation and Fletcher did not wish to comment when contacted by the Herald.

A prominent jockey has also been forced to hand his phone over to stewards in relation to the Snow investigation.

The jockey is not accused of any wrongdoing and is understood to have cooperated when questioned by stewards.

Both Sally and Nathan Snow have deleted their previously public - and active - Twitter profiles and the latter has since stepped down from a racehorse syndication start up, which was registered in South Australia.

The investigation into the Snow's is the first time they have been thrown into the public sphere but the same can't be said for Fletcher.

In an unrelated matter, Fletcher was last year charged with 78 counts of dishonestly obtaining a financial advantage by deception.

RELATED ARTICLE
Warned off: TAB bookmaking figurehead Sally Snow has been warned off for failing to cooperate with stewards
TAB trading boss resigns after being warned off by Racing NSW
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In court, it was alleged both Fletcher and fellow prominent punter Darren Azzopardi used the identities of a string of police officers to hide their gambling activities with several betting agencies.

He was alleged to have placed the bets between September 2012 and March 2013.

When news of the Snow probe first broke last Wednesday, Racing NSW chief executive Peter V'landys said the governing body would get to the bottom of the integrity issues at hand, with or without the cooperation of the former TAB trading manager.

"Racing NSW has zero tolerance for those that obstruct and hinder the maintenance of the integrity of thoroughbred racing in NSW," V'landys said.

"We have set a precedent in warning off, and/or excluding from participation, those persons that jeopardise the integrity of racing and it is important that we maintain that strong stance.

"Even though Mrs Snow has refused to cooperate, we will continue to pursue the matter to ensure the integrity of thoroughbred racing has not been compromised."

V'landys reiterated that stance when contacted by the Herald on Wednesday but did not wish to comment any further.

"We are continuing our inquiries and continue to gather a significant amount of forensic material," Racing NSW chief steward Marc Van Gestel said.

"It is involved betting activities but that is all we can say at the moment."

ENDS


Giddy up :beer:

Offline fours

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« 2019-Mar-15, 05:42 AM Reply #31 »
Hmmm,

I have mentioned on this forum a number of times that some of the fixed prices were simply wrong......

This has occurred for a few years.

Some were extreme ie $2 pari versus >60 fixed but those occasions were probably software lockup errors or no one at the wheel as the vice versa occurred too.

Still we had to put up with a snow job for a time.

Wife of a book maker hired  ... and pricing manipulation occurs .... call me a cynic but this was bound to happen.....

Fours



Offline wily ole dog

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« 2019-Mar-15, 06:28 AM Reply #32 »
Yes, I wonder who employed her

Offline fours

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« 2019-Mar-15, 06:34 AM Reply #33 »
Fletcher,

FFS people the list of people across the racing and betting industry that come off poorly after having dealings with Fletcher is growing.

When will you learn?

Fours

Offline Arsenal

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« 2019-Mar-18, 04:12 PM Reply #34 »
Racing NSW will start Golden Slipper week in the Supreme Court as punter Steve Fletcher attempts to take an injunction order to stop stewards getting his phone records.

As revealed in the Herald last week, Fletcher is a person of interest in an ongoing betting investigation into former Tabcorp trading manager Sally Snow, who was warned off all NSW tracks for refusing to give her mobile phone to stewards for forensic imaging.



Court date: Steve Fletcher is trying to stop Racing NSW  stewards getting his phone records in the Supreme Court.
Court date: Steve Fletcher is trying to stop Racing NSW stewards getting his phone records in the Supreme Court.CREDIT:PETER RAE

The investigation is continuing and is looking at betting activities over a sustained period on NSW races with the TAB fixed odds business and other corporate bookmakers.

The relationship between Snow and Fletcher is one focus of the investigation and is why stewards would like Fletcher's phone records.
 ENDS

It'll be interesting to see what the Court decides  in Clement's case in Victoria it was held that only licensees are bound by the rules as it's a contractural obligation those outside the rules like Fletcher an unlicensed person aren't  bound by the rules....... in Neville Clement's case in Victoria who refused to hand over his phone that's what the court ruled and RV introduced a Local rule to cover any future situations that arise it appears the rest of the States haven't bothered all asleep at the wheel.

Giddy Up :beer:


Online Jeunes

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« 2019-Mar-18, 06:37 PM Reply #35 »
Arsenal, fine line between betting on inflated odds and fraud.

It maybe a matter for the police if the stewards have suspicions of the latter. It could be similar to Weir investigation which involved the federal and state police.

The big difference is the Racing NSW stewards have shown their hand. Wonder if the TAB has released a statement in regards to the case.

Offline Arsenal

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« 2019-Mar-19, 05:00 PM Reply #36 »
The stewards want his phone they also wanted Sally Snow's she resisted relying on her common law rights ...she is not a licensed person nor is Fletcher it was established by the Court in Neville Clement's case (he declined to hand over his phone) that only licensed persons are bound by the Rules which the court described as "contractual" RV took action by introducing a local rule to cover this situation should it arise again as far as I know RNSW didn't in QLD QRIC has the power under the Racing Integrity Act but getting back to the LR introduced by RV it reads :-

"LR 3 Application and enforcement of these Rules against certain persons (1) Without limiting AR 2, these Rules apply to and may be enforced against— (a) a person who expressly agrees to be bound by these Rules, including a person who is the holder of a licence, registration, permit or other authority issued by Racing Victoria; (b) a person who impliedly agrees to be bound by these Rules; and (c) subject to LR 3(2), a relevant person. (2) If there is to be an investigation or inquiry in relation to horse racing or wagering or both under these Rules in which these Rules may be applied to and/or enforced against a relevant person (as defined in LR 3(3)): (a) the investigation or inquiry must be initiated by a Steward; and (b) in conducting the investigation or inquiry, the Steward must have reasonable grounds to suspect the relevant person: (i) may have contravened these Rules; or (ii) may be involved in a contravention of these Rules; or (iii) may have knowledge or possession of information as to a contravention of these Rules— because of— (iv) the person’s attendance at a race-meeting of horse racing in Victoria; or(v) the person’s participation in an activity in connection with or involving horse racing in Victoria or wagering on horse racing in Victoria. (3) For the purpose of LR 3, a relevant person means: (a) a person who attends a race-meeting for the purpose of horse racing in Victoria; or (b) a person who participates, whether at a racecourse or any other place, in an activity connected with, or involving, horse racing in Victoria or wagering on horse racing in Victoria."

Compare that to the definition of participant  in the ARB Rules :-

"participant in racing includes: (a) a trainer; (b) a person employed or contracted by a trainer in connection with the training or care of a horse; (c) an owner; (d) a nominator; (e) a rider; (f) a rider’s agent; and (g) any person who provides a service/s connected with the keeping, training or racing of a horse."

I saw a report that Fletcher's application for an injunction is set down tomorrow in the NSW Supreme Court.

He is facing some other alleged charges which are yet to be heard I don't remember the date possibly September but that's a guess.

Giddy up :beer:

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« 2019-Jun-05, 06:17 PM Reply #37 »
Trainer David Brideoake - Charges Issued By Stewards

Racing NSW Stewards have issued the following charges against trainer Mr David Brideoake following the Stewards inquiry on 24 May 2019 into the circumstances that led to the late withdrawal of Princess Jenni from the Adrian Knox Stakes at Randwick on Saturday, 6 April 2019.

The hearing of the charges is scheduled to be conducted at the offices of Racing NSW, Level 7/51 Druitt Street, Sydney commencing at 10am on Monday, 17 June 2019.

Charge 1
AR 254 Injections prohibited at certain times
(1) A person must not, without the permission of the Stewards:
  (a)   inject;
  (b) cause to be injected;
  (c) attempt to inject; or
  (d) be a party to the injection or attempted injection of, a horse engaged to run in any race:
    (i)   at any time on the day of the scheduled race and prior to the start of that race; and/or
    (ii)   at any time during the 1 clear day prior to 12.00am on the day of the scheduled race.
(2) If a person breaches subrule (1), or the Stewards reasonably suspect that such a breach has been committed, they may order the scratching of the horse from the relevant race.
(3) If a person breaches subrule (1), but the horse competes in the race, the horse may be disqualified from the race.
(4) For the purposes of this rule:
   (a) “inject” includes, but is not limited to, the insertion of a hypodermic needle into a horse;
  (b) it is not necessary to establish whether any substance was injected, or the nature of any substance injected.

Particulars –
Mr Brideoake did, without the permission of the Stewards, inject and/or caused to be injected the horse Princess Jenni between approximately 7:45am and 11:58am on 6 April 2019, the day of and prior to Race 3, TAB Adrian Knox Stakes conducted at Royal Randwick Racecourse on that day.

Charge 2
AR 249 Administration of medication on raceday
(1)   Notwithstanding the provisions set out in Schedule 1, Part 2, Division 2, a person must not, without the permission of the Stewards:
  (a)   administer; or
  (b)   cause to be administered,
any medication to a horse at any time on raceday prior to the commencement of a race in which the horse is engaged to race.
(2)   If a person breaches subrule (1), a disqualification for a period of not less than 6 months must be imposed, unless there is a finding that a special circumstance exists, in which case that penalty may be reduced.
(3)   The Stewards may order that a horse which has received a medication in breach of subrule (1) be scratched from a race engagement.

Particulars
Mr Brideoake did, without the permission of the Stewards, administer and/or caused to be administered medication the horse Princess Jenni between approximately 7:45am and 11:58am on 6 April 2019 the day of and prior to Race 3, TAB Adrian Knox Stakes conducted at Royal Randwick Racecourse on that day.

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« 2019-Jul-04, 07:42 PM Reply #38 »
Another Currie barred from NSW racing
Another Currie barred from NSW racing Mark Currie. Photo: News Limited.
Mitch Cohen Article Author
Mitch Cohen
3:56PM04 July 2019
Mark Currie, the father of banned trainer Ben, has also been barred from having runners in NSW after Racing NSW stewards issued a show cause notice on Thursday.

Currie recently took over a large portion of the family training operation from his son after Ben was slapped with a 7-1/2 disqualification in recent months for long list of racing charges.

Ben Currie was arrested by police last month and charged with fraud before being released on bail.

He was banned from having horses entered in NSW last August and stewards have moved to have the same restrictions in place for his father.

Earlier this year, Mark Currie pleaded guilty to two raceday treatment charges, receiving a wholly suspended 12-month ban and a $7500 fine.

Mark Currie’s solicitors have said there are no outstanding matters specific to their client.

However the NSW show cause notice has asked Mark Currie why the ‘provision of AR55 shouldn’t be invoked’.

“In respect of declining, receiving or rejecting any nominations, he has an opportunity to respond to that and can make those submissions by the 8th of July but as it stands at the moment he can’t nominate any horses in NSW,” Racing NSW chief steward Philip Dingwall said.

Currie had a runner accepted for last Sunday’s Grafton meeting.

Three-year-old son of Spirit Of Boom, Viserion had been accepted for the Westlawn Insurance Brokers Class 1 Handicap (1206m) however it was later taken out by stewards.

“The system didn’t capture that his nominations were refused in NSW and when our stewards were looking through the acceptances they noticed it,” Dingwall said.

“I spoke to him on Friday and the horse was scratched.”

Mark Currie was contacted and declined to comment.

Currie has one runner at Doomben on Saturday with Amanaat contesting The Sports Hub Open Handicap (1200m).

ENDS


Racing NSW confirm discovery of EPO
 
Racing.com Staff@Racing
4:57pm

Racing New South Wales on Thursday announced that one of the pieces of evidence seized from the home Michael Tubman last month had been confirmed to contain the prohibited substance EPO.

It was in relation to a substance contained within a 100ml vial of Coforta, which was approximately 20 percent full.

The evidence was seized during a visit to Tubman’s Kembla Grange property on June 14 and sent to ARFL for testing.

The analysis of other exhibits seized from Tubman’s residence continues with the case ongoing.

Tubman has been stood down from training pending the hearing of the serious charge, which will take place on a date to be fixed.

ENDS


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« 2019-Aug-23, 08:12 PM Reply #39 »
Racing NSW deputy chief steward Phillip Dingwall resigns

The Racing NSW stewards’ panel has been rocked by the sudden departure of deputy chief steward Phillip Dingwall on the eve of the Sydney spring carnival.

Ray Thomas, Racing editor, The Daily Telegraph
August 22, 2019 2:16pm


Racing NSW deputy chief steward Phillip Dingwall has resigned from his position, effective immediately.

There has been speculation Dingwall was leaving his high profile role in recent days and this was confirmed by Racing NSW chief steward, Marc Van Gestel.

“Phillip Dingwall has resigned,’’ Van Gestel said on Thursday night.

“His resignation has been accepted and we thank him for his three-and-a-half year’s service. We will be making no further comment on this matter.’’



Racing NSW deputy chief steward Phillip Dingwall has resigned from his position.
Racing NSW deputy chief steward Phillip Dingwall has resigned from his position.
The exact reason for Dingwall’s decision to resign remains unclear.

Dingwall’s departure on the eve of the Sydney spring carnival is a blow for the Racing NSW stewards panel given his experience and seniority.

Dingwall told the Daily Telegraph on Thursday night he had spent three wonderful years at Racing NSW and felt now was the right time to pursue other interests.

“I’ve got a couple of things in the pipeline but I just want to take some time off and consider my options,” Dingwall said.


But Van Gestel has a wealth of talent coming through the stewards ranks and has a ready-made replacement in Wade Birch, the former Racing Queensland chairman of stewards who joined the Racing NSW stewards panel in June.

Racing NSW’s chief investigator Nathan Heywood also resigned this week to “pursue other interests”. But Van Gestel said Racing NSW still has three other investigators to assist the stewards and said the coming Sydney spring carnival will not be compromised by the resignations of Dingwall and Heywood.

ENDS

Strange decisions with the upcoming carnival and v'Landys away on pre planned hols. :shutup:


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« 2019-Aug-28, 08:30 PM Reply #40 »
Letsgohorseracing story on the great tax exemption case RNSW came a cropper.

RACING NSW BID FOR TAX EXEMPTION AN EVEREST TOO HIGH TO CLIMB
MOST accept that anything is worth a try when it comes to avoiding a big tax bill but Racing NSW had to be kidding with the argument it was a charitable organization helping to educate and lift people from poverty.
It’s a bit rich when the State desperate to lead the way in Australian racing is throwing bucket loads of cash at big races in an effort to usurp Victoria not to mention making the millionaires of racing even richer with absurd prizemoney pools for The Everest.
For the past two years Racing NSW has argued it should not have to pay a $226,000 stamp duty bill on a 2600-acre (1052 ha) property near Capertee north-west of Sydney. The property, purchased in June 2017 for $5.1 million, was bought to rehabilitate, retrain and re-home thoroughbreds after their racing careers are ended.
The NSW Civil and Administrative Tribunal has rejected the Racing NSW application for a full or partial exemption available to charitable or benevolent bodies. The racing authority had argued it was primarily charitable or benevolent and that it purchased the land on behalf of a racing trust.
But NCAT member John Currie noted the tax exemption couldn't apply given the intended use of the property and rejected the claims. He said even on ‘a generous view’ Racing NSW's objectives could only be regarded as being of ‘a mixed character’.
“Racing NSW's resources are not, in accordance with its rules or objects, used wholly or predominantly for the relief of poverty in Australia or for the promotion of education in Australia," he said.
Racing NSW went to the Tribunal after the State Tax Office rejected the same application in December 2017.
Currie pointed to so-called highlights listed by Racing NSW chief executive Peter V'landys in the organization's 2018 annual report.
These concerned returns to owners, prizemoney increases, the inaugural running of the $10 million race, The Everest, the development of other feature races for huge prizemoney and the implementation of a betting tax expected to generate almost $30 million in extra revenue for the industry.
“There is some account of the Equine Welfare Program and of capital development, but read together they comprise only approximately one and a half of the eight columns in the report,” Currie said.
ENDS
 Link to NCAT decision
https://www.caselaw.nsw.gov.au/decision/5d5dc3e2e4b0c3247d711404


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« 2019-Sep-18, 06:01 PM Reply #41 »
INQUIRY INTO THE ANALYSTS FINDING OF COBALT IN A URINE SAMPLE TAKEN FROM TESARC SUBSEQUENT TO IT BEING PLACED FIRST IN THE BENCHMARK 66 HANDICAP 1420M CONDUCTED AT GRAFTON RACECOURSE ON 29 APRIL 2019.
 Grafton Racecourse Wednesday 29 April 2019 Stewards: M A Holloway (Chairman) R W Loughlin
The Stewards today conducted an inquiry into two Analysts’ findings of cobalt at a concentration above the level excepted in paragraph 11 of Division 3 of the Prohibited List B in a post-race urine sample taken from Tesarc following that gelding winning Race 9 Benchmark 66 Handicap 1420m at Grafton racecourse on the 29 April 2019.
 
Cobalt was certified at the following levels. National Measurement Institute 216µg/L Racing Analytical Services Ltd 195µg/L Evidence was taken from trainer of Tesarc, Mr Scott Henley, licensed stablehand Mrs Fleur Henley, Racing NSW Senior Official Veterinarian Dr Toby Koenig, ARFL Science Manager Dr Adam Cawley and veterinarian Dr Derek Major.
 Mr Henley was found guilty to a charge under AR240(2) in that being the trainer of the racehorse Tesarc, he brought Tesarc to Grafton racecourse on Monday 29 April 2019 for the purpose of participating in Race 9 Benchmark 66 Handicap 1420m and the prohibited substance Cobalt was detected, above the level of 100 micrograms per litre excepted in paragraph 11 of Division 3 of the Prohibited List B, in a post-race urine sample taken from the gelding following it winning Race 9 Benchmark 66 Handicap on that day.
Penalty In assessing penalty stewards considered the decision of the Racing Appeals Tribunal in the matter of Sprague 27 June 2018, where The Tribunal determined the starting point for cobalt offences, involving presentation, be a period of disqualification of 16 months. After taking into account Mr Henley’s clean record, having been involved in racing for approximately 34 years, the last 5 years as a trainer, and his not guilty plea the Stewards determined that a period of disqualification of 14 months was the appropriate penalty.

 Accordingly, Mr Henley was disqualified for a period to commence immediately and to expire on 17 November 2020. Mr Henley was advised that he is permitted to care and work horses in his care for a period of 7 days whilst he makes the appropriate arrangements to comply with the provisions of a AR263, however he is not permitted to nominate or start a horse in a race or official trial during this time. Mr Henley was advised of his right of appeal against conviction and penalty.

RACING NSW – STEWARDS REPORT Acting under the requirements of AR240(1), Tesarc was disqualified from its 1st placing in Race 9 Benchmark 66 Handicap conducted at Grafton racecourse on the 29 April 2019 and the placing’s were amended as follows: 1st My Dream Lover 2nd Dark Image 3rd Caro Cavallo 4th Spirit of Husson 5th New Endeavour Relevant Rules AR 240 (2) - Subject to subrule (3), if a horse is brought to a racecourse for the purpose of participating in a race and a prohibited substance on Prohibited List A and/or Prohibited List B is detected in a sample taken from the horse prior to or following its running in any race, the trainer and any other person who was in charge of the horse at any relevant time breaches these Australian Rules. AR240(1) – Subject to subrule (3), if a horse is brought to a racecourse and a prohibited substance on Prohibited List A and / or Prohibited List B is detected in a sample taken from the horse prior to or following its running in any race, the horse must be disqualified from any race in which it started on that day.
 M A Holloway Chief Steward NRRA

ENDS

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Offline Arsenal

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« 2019-Oct-31, 06:39 PM Reply #42 »
Here's a reversal of fortune for the punter Anthony Gardiner who put the $1K bet on for James McDonald all those years ago and refused to provide evidence to the satisfaction of the stewards inquiry with the result he was warned off ...now having come forward after having served a substantial period on the outer the warning off has been lifted and he is allowed back on track from yesterday ......but not allowed to bet for any jockey ..thems the rules...hard to believe that there aren't punters around these days who bet on information provided by a jockey who gets a benefit on winning bets. :o

https://www.racingnsw.com.au/wp-content/uploads/GARDINER-A-30-October-2019-Stewards-Report.pdf

DETERMINATION OF CHARGES ISSUED AGAINST MR ANTHONY GARDINER. RNSW Offices 30 October 2019 Druitt Street Sydney
Stewards: M F Van Gestel (Chairman)
On Friday 18 November 2016, Racing NSW warned off Mr Anthony Gardiner until such time as he attends Racing NSW to be interviewed and to provide required information. That warning off related to the Stewards Inquiry into the conduct of licensed jockey Mr James McDonald, which ultimately resulted in Mr McDonald being disqualified for having an interest in a bet placed on Astern when Mr McDonald rode that horse to win Race 1 – Surf Meets Turf Plate at Randwick on 5 December 2015. On 22 December 2017, Mr Gardiner was interviewed by Stewards, however did not provide evidence to the satisfaction of the Stewards and his warning off remained in place.

On 11 October 2019 Mr Gardiner, assisted by solicitor Mr P Beazley, appeared before Racing NSW Chairman of Stewards Mr Marc Van Gestel, who was assisted by Racing NSW General Counsel Mr Pete Sweney. During the course of that interview, Mr Gardiner gave evidence that he had participated in conduct that was in breach of the Rules of Racing, namely betting for a jockey in breach of AR236, failing to attend and give evidence at an inquiry when directed by the Stewards in breach of AR232(h) and giving false or misleading evidence in breach of AR232(i).

On Wednesday 23 October 2019, the Stewards issues the below charges to Mr Gardiner. On that same date, Mr Gardiner pleaded guilty to those charges. 1. Charge 1 – AR236 Betting for a jockey The details of the charge being that Mr Gardiner did place a bet of $1000 for jockey James McDonald on the racehorse Astern when it raced in Race 1 Surf Meets Turf Plate conducted at Randwick racecourse on 5 December 2015.
2. Charge 2 – AR232(h) Failing/refusing to attend an interview The details of the charge being that Mr Gardiner did fail and/or refuse to attend an interview before Racing NSW Stewards on 17 November 2016 when directed by Racing NSW Stewards to do so.
3. Charge 3 – AR232(i) Providing false evidence on 22 December 2017 The details of the charge being that Mr Gardiner did provide evidence at an interview before Racing NSW Stewards on 22 December 2017 that he had not placed a bet for jockey James McDonald on the racehorse Astern when it raced in Race 1 Surf Meets Turf Plate conducted at Randwick racecourse on 5 December 2015, in the knowledge that such evidence was false.

Penalty 2 In assessing penalty, the Stewards have taken into account the following matters • Mr Gardiners guilty plea to the three charges; • Precedent penalties for similar offences; • His co-operation at the interview conducted on 11 October 2019; • Commonality between the charges; and • Seriousness of the offences Having given careful consideration to those matters, the Stewards determine that the appropriate penalties for the individual charges is as set out below:
• Charge 1 – AR236 Betting for a jockey - Period of disqualification of 24 months reduced to 18 months for the guilty plea;
• Charge 2 – AR232(h) Failing/refusing to attend an interview – Period of disqualification of 24 months reduced to 9 months for the guilty plea;
• Charge 3 – AR232(i) Providing false evidence on 22 December 2017 – Period of disqualification of 24 months reduced to 9 months for the guilty plea.

The above individual penalties total a period of disqualification of three years. However, having regard to the principles of commonality, concurrency and totality, the Stewards have determined that Mr Gardiner be disqualified for a period to commence on 18 November 2016, the day his warning off came into effect, and to expire on Wednesday 30 October 2019.

Further, Racing NSW has now lifted the warning off placed upon Mr Gardiner on the basis that he has attend a Stewards interview and provided evidence to the satisfaction of the Stewards. Accordingly, at the warning off is lifted and the period of disqualification has expired, Mr Gardiner is no longer subject to any of the restrictions imposed in respect of a disqualification or warning off.

Relevant Rules AR 236 Betting with or for a jockey A person must not bet with or for a jockey or apprentice jockey, or give or offer a rider any pecuniary or other gift or consideration, contrary to these Australian Rules.
AR 232 Failure to observe processes and directions of PRAs or Stewards A person must not: (h) refuse or fail to attend or give evidence at an interview, investigation, inquiry, hearing or appeal when directed or requested to do so by a PRA, the Stewards or a person authorised by a PRA or the Stewards; AR 232 Failure to observe processes and directions of PRAs or Stewards A person must not: (i) give any evidence at an interview, investigation, inquiry, hearing and/or appeal which is false or misleading.

M F Van Gestel Chairman of Stewards General Manager - Integrity


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« Last Edit: 2019-Oct-31, 06:50 PM by Arsenal »


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