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Appeal Updates (Wednesday, 9th August 2017)

Before the Racing NSW Appeal Panel

Jake Pracey-Holmes Licensed Jockey Jake Pracey-Holmes lodged an appeal against conviction and penalty after being found guilty of careless riding by the stewards under AR 137(a) after his ride on A Tissue A Tissue in Race 5 (Open Handicap 12000m) at Moree Race Club on Thursday, 20 July 2017. On this date Mr Pracey-Holmes licence to ride in races 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 was heard on Friday 28 July 2017 at the office 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). The Panel gave the following orders: 1. Appeal against the finding of guilt is dismissed 2. Penalty Varied for a period to commence on Sunday 30th, July 2017 and to expire on Monday 7th August 2017. (reduction of 1 meeting) 3. In summary the total term of suspension which is to be served cumulatively will now commence on Sunday 30 July 2017 and to expire on 12th August 2017, on which day he may resume riding. 4. 50% of the Appeal Deposit was forfeited

Blake Shinn Licensed Jockey Blake Shinn lodged an appeal against penalty after being found guilty by the stewards under AR 137(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 was heard on Friday 28 July 2017 at the office of Racing NSW The Panel gave the following orders: 1. Appeal against penalty dismissed 2. Penalty of seven meeting suspension confirmed 3. Appeal deposit forfeited.

Dennis Mitchell Mr Dennis Mitchell has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR 175(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. This appeal has been set for Friday, 11 August 2017 at 9.30am at the office of Racing NSW.

Allan Chau Licensed Jockey Allan Chau has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR 137(a) after his ride on Miss Forbidden in Race 1 (Maiden Handicap 1000m) at Wagga Wagga Racecourse on Tuesday, 1 august 2017. On this date Mr Chau was suspended for a period commencing on Tuesday 8 August 2017 and to expire on Sunday 20 August 2017, on which day he may resume riding. Racing NSW Stewards later acceded to a request from Jockey Chau 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 9, August 2017 and to expire on Monday, 21 August 2017, on which day he may resume riding. This appeal has been set for Friday, 11 August 2017 not before 3.00pm at the offices of Racing NSW (following the appeal of Dennis Mitchell)

Rory Hutchings Licensed Jockey Rory Hutchings has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after his ride on So Hard to Catch in Race 6 (Australia’s Insurance Builders Fillies and Mares Class 1 Handicap 1400m) at Kembla Grange Racecourse on Saturday, 5 August 2017. On this date Mr Hutchings was suspended for a period commencing on Sunday 13, August 2017 and to expire on Friday 25, August 2017 on which day he may resume riding. This appeal has been set for Tuesday, 15 August 2017 at 9.30am at the offices 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. This appeal has been set for Monday, 4 September 2017 at 9.30am at the offices 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.

Before the NSW Racing Appeals Tribunal

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 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.

Please note that the dates of 30 May 2017 to 2 June 2017 scheduled for hearing the Kavanagh, Brennan and Matthews 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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