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Appeals Updates (Monday 13th February)

Before the Racing NSW Appeal Panel

Licensed Trainer Cliff Bashford lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(l). Mr Bashford was disqualified for periods of three years (AR175(n)) and two years (AR175(l)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Bashford to reapply for a licence on 22 September 2019. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Thursday, 2 February 2017 and the decision issued on Friday, 10 February 2017. The Panel made the following orders: 1. Appeal against finding of guilt dismissed. 2. Findings of guilt under AR175(n) and AR175(l) confirmed. 3. Appeal against severity of penalty allowed. 4. Penalty of three year disqualification for breach of AR175(n) varied to an eighteen month disqualification. 5. Penalty for breach of AR175(l) varied from a two year disqualification to a fifteen month disqualification. 6. Penalties to be served concurrently. 7. Effective disqualification period of eighteen months to commence on 13 February 2017, and Mr Bashford can reapply for his licence from 15 October 2018. 8. Appeal deposit forfeited.

Licensed Trainer Jim Delaney lodged an appeal against conviction and penalty after being found guilty by Stewards acting under AR175(n) and AR175(o). Mr Delaney was disqualified for a periods of five years (AR175(n)) and two years (AR175(o)). Acting under the provisions of AR196(3) Stewards ruled that both penalties be served concurrently thus allowing Mr Delaney to reapply for a licence on 22 September 2021. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal was heard on Thursday, 2 February 2017 and the decision issued on Friday, 10 February 2017. The Panel made the following orders: 1. Appeal against findings of guilt dismissed. 2. Findings of guilt under AR175(n) and AR175(o)(ii) and (iii) confirmed. 3. Appeal against severity of penalty allowed. 4. Penalty for breach of AR175(n) varied from a five year disqualification to a three year disqualification. 5. Penalty for breaches of AR175(o)(ii) and (iii) varied from a three year disqualification to a two year disqualification. 6. Penalties to be served concurrently. 7. Effective disqualification period of three years to commence on 13 February 2017 with Mr Delaney being able to reapply for his licence on 13 February 2020. 8. Appeal deposit forfeited.

Licensed Trainer Chris Waller lodged an appeal against the penalty after being fined $30,000 after being found guilty by the Stewards acting under AR178. This followed the detection of a prohibit substance, in a post-race urine sample taken from Betcha Thinking, after that colt being placed second in Race 2 TAB Plate conducted Canterbury Park on Wednesday, 5 October 2016. This appeal was heard today, Friday 10 February 2017. The Panel made the following orders: 1.

Appeal against severity of penalty upheld. 2.

Penalty of $30000 fine set aside. 3.

In lieu thereof, penalty of $5000 fine (by majority) imposed. 4.

Appeal deposit to be refunded.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Karakatsanis was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 20 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed Owner Angelis Vasili has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(a). Mr Vasili was disqualified for 4 months to expire on 12 January 2017. On the application of the appellant, which was not opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Monday, 20 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed Trainer Con Karakatsanis has lodged an appeal against a disqualification imposed on him by Stewards acting under AR175(g). Mr Karakatsanis was disqualified for 6 months to expire on 20 June 2017. On the application of the appellant, which was opposed by Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. This appeal has been set down for Tuesday, 21 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed Trainer Con Karakatsanis has lodged an appeal against the conviction and penalty on a disqualification imposed on him by Stewards acting under AR178E(1). 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 is stayed until further order of the Panel. This appeal has been set down for Tuesday, 21 February 2017 at 9.30 am at the offices of Racing NSW.

Licensed Jockey Bobby ElÍssa has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Star Bolt in Race 6 at Kembla Grange Racecourse on Tuesday, 3 January 2017. Bobby ElÍssa was suspended for a period to commence Saturday, 7 January 2017 and to expire on Saturday, 21 January 2017 on which day he may ride. 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 down for Friday, 24 February 2017 at 9.30am at the office of Racing NSW.

Licensed Apprentice Jockey Rachel King has lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following her ride on Comics in Race 7 at Kembla Grange Racecourse on Saturday, 10 December 2016. Rachel King was suspended for a period to commence Tuesday, 20 December 2016 and to expire on Thursday, 29 December 2016 on which day she may ride. 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 down for Monday, 6 March 2017 at 9.30am at the office of Racing NSW.

Licensed Jockey Paul King has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR135(b) following his ride on Samar More in Race 5 at the Newcastle Jockey Club meeting on Saturday, 19 November 2016. Paul King was suspended for a period to commence Monday, 19 December 2016 and to expire on Thursday, 19 January 2017 on which day he may ride. 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 down for Monday, 6 March 2017 not before 10.30am at the office of Racing NSW.

Licensed Jockey James McDonald has lodged an appeal against penalty after being found guilty by the Stewards acting under AR83(d) following him having an interest in a bet on the horse Astern to win in Race 1 Surf Meets Turf Plate at Royal Randwick on Saturday, 5 December 2015. James McDonald was disqualified for a period of 18 months to commence on 15 November 2016 and to expire on 15 May 2018. This Appeal has been set down for Monday, 13 March 2017 at 9.30am at the office of Racing NSW.

Veterinarian Dr David Garth has lodged an appeal against conviction and penalty after being fined $15,000 by the Racing NSW Stewards. Dr Garth had pleaded guilty to a charge under AR175(h)(ii) that he did administer the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016. This Appeal has yet to be set.

Licensed Trainer David Vandyke has lodged appeals against the severity of penalties imposed on him by the Racing NSW Steward acting under AR175(h)(ii) & AR178, being a total penalty of $25,000. Mr Vandyke had pleaded guilty to charges under AR175(h)(ii) & AR178 that, as the trainer of Yankee Rose, he did cause to be administered the prohibited substance ketorolac to the racehorse Yankee Rose which was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in the Group 1 Flight Stakes conducted at Royal Randwick racecourse on 1 October 2016 as he engaged veterinarian Dr David Garth to administer the prohibited substance ketorolac and that he brought Yankee Rose to Royal Randwick racecourse on 1 October 2016 for the purpose of engaging in the Group 1 Flight Stakes and the prohibited substance ketorolac was detected in a post-race urine sample taken from Yankee Rose following the filly running and being placed second in that race, respectively. This Appeal has yet to be set.

Licensed Trainer Garry McCarney has lodged an appeal against the penalty after being found guilty by the Stewards of two counts under AR178. Mr McCarney was disqualified for 15 months for both offences, thus allowing Mr McCarney to reapply for his trainers licence on 1 May 2018. This followed the detection of a prohibit substance, in a pre-race and post-race urine sample taken from Southern Flight, after that mare being placed first in the Class 1 Handicap and Head to Toe the mare being placed first in the Fillies and Mares Maiden Handicap conducted at Narromine on 12 November 2016. 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 yet to be set.

Licensed Apprentice Jockey Deanne Panya has lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR81A(1)(a) following a urine sample taken from her after riding at Royal Randwick on 2 January 2017 was found to contain a banned substance under AR81B. Her permit to ride in races was suspended for a period of 1 month. This Appeal has yet to be set.

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.

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.

The three abovementioned appeals to the NSW Racing Appeals Tribunal have been rescheduled for four days commencing 30 May 2017.

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 is yet to be set.

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