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Appeals Update - Jockey Bobby El-Issa & Trainer Daniel Want Lodge Appeals

Bobby El-Issa Licensed Jockey Bobby El-Issa has 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. 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 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.

Con Karakatsanis Licensed Trainer Con Karakatsanis lodged an appeal against conviction and the penalty of disqualification imposed on him by Stewards under AR178E(1) for administering or causing to be administered medication to the horse Howmuchdoyouloveme on 17 September 2016 when Howmuchdoyouloveme was engaged to run in Race 7 – Bowermans Office Furniture Shorts conducted at Royal Randwick on that day. Mr Karakatsanis was disqualified for 12 months to expire on 9 February 2018.

On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards was stayed until further order of the Panel. This appeal was heard on Tuesday, 21 February 2017.

On 29 March 2017 the Racing NSW Appeal Panel dismissed the Appeal on the finding of guilt and called for written submissions on penalty. Written submissions were subsequently lodged by the parties.

On 12 May 2017, the Panel gave the following final orders: (1) Appeal against the finding of guilt is dismissed; (2) The finding of guilt in relation to AR 178E(1) is confirmed; (3) Appeal against severity of penalty is dismissed. (4) The Appellant is disqualified from today’s date until midnight on 5 March 2018. (5) The appeal deposit is forfeited.

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 has been rescheduled for 9.30am Tuesday 14th June 2017 at the office 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.

Gai Waterhouse and Adrian Bott Licensed Training Partnership Gai Waterhouse & Adrian Bott has 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 has been set down for 9.30am Friday 2nd June 2017 at the office of Racing NSW.

Before the NSW Racing Appeals Tribunal

Cliff Bashford Licensed Trainer Cliff Bashford has 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 of May 2017 The Tribunal has reserved it’s decision.

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 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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