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Appeal Updates (Friday, 14 July 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 was heard on Tuesday, 20th June 2017 at the office of Racing NSW. The panel reserved its decision. On 13 July 2017 the Panel made the following orders: (1) The appeal against the finding of guilt is dismissed (2) The finding of guilt under AR 178 is confirmed (3) The appeal against penalty is allowed (4) In lieu of a three-year disqualification, a penalty of a two-year disqualification is imposed. That penalty is to commence 6 days from the date of these Reasons. Upon its expiry, the Appellant may reapply for his licence (5) Appeal deposit forfeited.

Corey Brown: Licensed jockey Corey Brown has Lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR137(b) after his ride on La Chica Bella in Race 4 (Theraces Handicap, 1400m) at Warwick Farm Racecourse on Saturday, 8 July 2017. On this date Mr Brown was suspended for a period commencing on Sunday, 16th July 2017. Racing NSW Stewards later acceded to a request from jockey Brown to alter the period of the suspension, accordingly, his licence to ride in races is now suspended for a period to commence on Monday, 17th July 2017 and to expire on Saturday, 30th July 2017, on which day he may resume riding. This appeal has been set down for Tuesday, 18th July 2017 at 9.30am at the offices of Racing NSW.

Mathew Cahill: Licensed jockey Matthew Cahill lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR137(b) after his ride on Waitaha Prophecy in Race 9 (Gavin Fairman Homes BM 70 Hcp, 1300m) at the Wagga Wagga meeting on Sunday, 9th July 2017. On this date Mr Cahill was suspended for a period commencing on Saturday, 15th July 2017 to expire on Saturday, 29th July 2017. Racing NSW Stewards later acceded to a request from jockey Cahill to alter the period of suspension, and accordingly, his licence to ride in races is suspended for a period to commence on Wednesday, 19 July 2017 and to expire on Wednesday, 2 August 2017, on which day he may resume riding. *This appeal has been set down for Tuesday, 18th July 2017 at the offices of the SDRA at Wagga Wagga Racecourse.

Dennis Mitchell: Mr Mitchell has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR175(o) and AR175A on 6 June 2017 when employed as Australian Turf Club (ATC) General Manager, Security, Risks and Investigations. On the 16th June 2017, Mr Mitchell lodged the appeal outside the specified 2 days after decision by Stewards. On application of the appellant due to exceptional circumstances, that was not opposed by Stewards, the Appeal Panel has exercised its discretion under LR106(2)(c) to allow the appeal out of time due to exceptional circumstances. A date for this appeal is yet to be set.

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 trainer's 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

Cliff Bashford: Licensed trainer Cliff Bashford 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 May 2017 The Tribunal has reserved it’s decision. *On 16th May 2017 the Tribunal handed down its decision and the appeal was dismissed and stood over for penalty hearing or submissions. A Penalty hearing has been set for Monday, 17th July 2017 at 10am at the office of Racing NSW.

Samuel Kavanagh: Mr Kavanagh as 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: Mr 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.

Dr 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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