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Appeal Updates (Wednesday, 14 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 offices of Racing NSW. On 9 June 2017, the Panel gave the following final orders: 1. The appeal against the finding of guilt is dismissed. 2. The finding of guilt for a breach of AR175A is confirmed 3. The appeal against penalty is dismissed 4. The penalty of fine in the sum of $5,000 is confirmed 5. The appeal deposit is forfeited

Bobby El-Issa: Licensed jockey Bobby El-Issa 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. NOTE: This Appeal was heard on Tuesday, 13th June 20177 at the offices 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. NOTE: This Appeal was scheduled to be held Wednesday, 14th June 2017 at the offices of Racing NSW. Following an application from the Appellant (heard on 13 June 2017 by the Appeal Panel Principal Member, Mr R Beasley SC), for an adjournment due to him changing his legal representation, so as to allow his new Legal representative time to prepare for the Appeal, the following orders were given: 1. Appeal hearing listed for 14 June 2017 is vacated 2. Appeal listed for hearing at 9.30am on Tuesday, 20 June 2017 3. Confirm stay granted on 3 April 2017 to continue until further order

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. NOTE: 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.

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.

NOTE: 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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