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Appeal Updates (Monday, 24th July 2017)

Before the Racing NSW Appeal Panel

Jake Pracey-Holmes: Licensed jockey Jake Pracey-Holmes has lodged an appeal against conviction and penalty after being found guilty by Stewards under AR137(a) after his ride on A Tissue A Tissue in Race 5 (Open Handicap, 1200m) at Moree Race Club on Thursday, 20 July 2017. On this date Mr Pracey-Holmes was suspended for a period commencing on Wednesday, 26 July 2017 and to expire on Sunday, 6 August 2017, on which day he may resume riding. Racing NSW Stewards later acceded to a request from jockey Pracey-Holmes to alter the period of suspension, and accordingly, subject to the outcome of the Appeal, his licence to ride in races is suspended for a period to commence on Sunday 30, July 2017 and to expire on Tuesday, 8 August 2017, on which day he may resume riding. This appeal has been set for Friday, 28 July 2017 at 9.30am at the offices of Racing NSW. (*Note: In Race 6 on that day, Jake Pracey-Holmes incurred a second suspension which is now to commence on 8th August 2017 and to expire on 13 August 2017 on which day he may ride. In summary, subject to one Appeal, the total term of suspension which is to be served cumulatively will now commence on Sunday, 30th July 2017 and to expire on 13th August 2017, on which day he may resume riding).

Blake Shinn: Licensed jockey Blake Shinn has lodged an appeal against penalty after being found guilty by Stewards under AR137(a) after his ride on Invincible Knight in Race 9 (#Theraces Handicap 1500m) at Royal Randwick Racecourse on Saturday, 22 July 2017. On this date Mr Shinn was suspended for a period commencing on Wednesday, 26 July 2017 and to expire on Wednesday, 9 August 2017, on which day he may resume riding. Racing NSW Stewards later acceded to a request from jockey Shinn to alter the period of suspension, and accordingly, subject to the outcome of the Appeal, his licence to ride in races is suspended for a period to commence on Wednesday, 26 July 2017 and to expire on Sunday, 6 August 2017, on which day he may resume riding. This appeal is yet to be set.

Corey Brown (outcome): Licensed jockey Corey Brown lodged an appeal against conviction and penalty after being found guilty by Stewards under AR137(b) after his ride on La Chica Bella in Race 4 (Theraces Handicap, 1400m) at the Warwick Farm race meeting 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, subject to the outcome of the Appeal, 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 was heard on Tuesday, 18th July 2017 at the offices of Racing NSW. The Panel gave the following orders: 1. Appeal against the finding of guilt is dismissed 2. Appeal against penalty allowed 3. In lieu of penalty of 12 days suspension, a monetary fine of $5,000 is imposed 4. The Appeal Deposit is refunded

Mathew Cahill (outcome): Licensed jockey Mathew Cahill lodged an appeal against conviction and penalty after being found guilty by Stewards under AR137(b) after his ride on Waitaha Prophecy in Race 9 (Gavin Fairman Homes BM 70 HCP, 1300M) at the Wagga Wagga race 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, subject to the outcome of the Appeal, 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 was heard on Tuesday, 18th July 2017 at the offices of the SDRA at Wagga Wagga Racecourse. The SDRA gave the following orders: 1. Appeal against the finding of guilt is dismissed 2. Appeal against penalty allowed 3. In lieu of the penalty of 14 days suspension, a penalty of 9 days suspension is imposed. The period of suspension to commence on Wednesday, 19 July 2017 and to expire on Friday, 28 July 2017, on which day M Cahill may resume riding. 4. The Appeal Deposit is forfeited

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.

Dennis Mitchell: Mr Dennis Mitchell has lodged an appeal against conviction and penalty after being found guilty by 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 LR 106(2)(c) to allow the appeal out of time due to exceptional circumstances. 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 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 trainer's 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 (outcome): 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 and the Tribunal reserved it’s decision. On 16th May 2017 the Tribunal handed down its decision: 1) Appeal dismissed 2) Stood over for penalty hearing or submissions

A Penalty hearing was held on Monday, 17th July 2017 at the offices of Racing NSW. At the conclusion of the hearing, the Tribunal handed down the following decision: 1) Appeal against penalty allowed 2) Penalty of 18-month disqualification for breach of AR175(n) varied to a 12-month disqualification. 3) Penalty for breach of AR175(l) varied from a 15-month disqualification to a 12-month disqualification. 4) Penalties to be served concurrently. 5) Under AR 196(6)(a), by consent, the Tribunal defers the commencement of the penalty for 7 days from the date of this decision (noting that, as per AR196(6)(b), the appellant may not start any horse in a race during this time). 6) Effective disqualification period of twelve months to commence on 24 July 2017 and expire on 24 July 2018. Upon its expiry, the Appellant may reapply for his licence 7) 50% of the Appeal deposit is to be refunded.

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. An application by Mr Vasili to lodge his own appeal out of time was rejected by the Tribunal under clause 6(7) of the Racing Appeals Tribunal Regulation 2015.

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.

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.

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