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Appeals Updates (Monday, 27th March 2017)

Before the Racing NSW Appeal Panel

Licensed Trainer David Vandyke 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 was heard Friday 24 March 2017 at the office of Racing NSW. The Panel gave the following orders: 1. Appeal against severity of penalty dismissed 2. Penalty of $20,000 fine for breach of AR178 confirmed 3. Penalty of $25,000 fine for breach of AR175(h)(ii) confirmed 4. Total penalty of fine of $25,000 confirmed 5. Appeal Deposit forfeited

Licensed Jockey Tye Angland lodged an appeal against penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Single Bullet in Race 7 LONGINES Golden Slipper at Rosehill on Saturday, 17 March 2017. Tye Angland’s licence to ride in races was suspended for a period to commence on Thursday, 23 March 2017 and to expire on Sunday, 2 April 2017, on which day he may ride. This Appeal was heard Friday 24 March 2017 at the office of Racing NSW. The Panel gave the following orders: 1. Appeal against penalty allowed 2. In lieu of a 6 meeting suspension, a suspension of 5 meetings is imposed. The suspension commenced on 23 March 2017 and expires on 31 March 2017 (he may ride 1 April 2017). 3. Appeal Deposit to be refunded

Licensed Jockey Jeff Lloyd lodged an appeal against conviction and penalty after being found guilty by the Stewards acting under AR137(a) following his ride on Houtzen in Race 7 LONGINES Golden Slipper at Rosehill on Saturday, 17 March 2017. Jeff Lloyd’s licence to ride in races was suspended for a period to commence Thursday, 23 March 2017 and to expire on Sunday, 2 April 2017, on which day he may ride. Stewards have acceded to a request from Jockey Jeff Lloyd to amend the dates of his suspension - he is now suspended for a period to commence on Sunday 26 March 2017 and to expire on Sunday 9 April 2017 (6 Meetings) on which day he may ride. This Appeal was heard Friday 24 March 2017 at the office of Racing NSW. The Panel gave the following orders: 1. Appeal against finding of guilt dismissed 2. Finding of guilt under AR137(a) confirmed 3. Appeal against severity of penalty allowed 4. Penalty of six meeting suspension set aside, and in lieu of that penalty a penalty of a three meeting suspension is imposed. (The suspension commences on Sunday 26 March 2017 and expires on Sunday, 2 April 2017, on which day he may ride). 5. Appeal deposit forfeited

Licensed Jockey Glyn Schofield has lodged an appeal against conviction and penalty after being found guilty by the Stewards of careless riding under AR137(a) following his ride on Knit ‘n’ Purl in Race 6 Bede Murray Provincial Championships Qualifier at Goulburn on Thursday 23 March 2017. Glyn Schofield’s licence to ride in races was suspended for a period to commence on Sunday 2 April 2017 and to expire on Thursday 13 April 2017, on which day he may ride. This Appeal has been set down for 9.30am Friday 31 March 2017 at the office of Racing NSW.

Licensed Jockey Ben Melham has lodged an appeal against penalty after being found guilty by the Stewards of excessive use of the whip under AR137A(5)(a)(ii) following his ride on Assign in Race 3 The Daily Telegraph Neville Sellwood Stakes at Rosehill on Saturday, 25 March 2017. Ben Melham’s licence to ride in races was suspended for a period to commence on Sunday 2 April 2017 and to expire on Thursday 13 April 2017, on which day he may ride. In addition B Melham was fined the sum of $2000. This Appeal has been set down for (not before) 11.00am Friday 31 March 2017 at the office of Racing NSW.

Licensed Jockey Noel Callow has lodged an appeal against conviction and penalty (reckless riding) and penalty (careless riding) after being found guilty by the Stewards of reckless riding under AR137(a) and careless riding under AR137(a) following his ride on Montoya's Secret in Race 7 Vinery Stud Stakes at Rosehill on Saturday, 25 March 2017. In relation to the reckless riding charge Stewards issued a suspension of N Callow's licence to ride in races for a period of one month to commence on Wednesday, 29 March 2017 and to expire on Saturday, 29 April, 2017, on which day he may ride. In addition N Callow was fined the sum of $15,000. In relation to the careless riding charge Stewards issued a suspension of N Callow's licence to ride in races for a period to commence on Wednesday, 29 March 2017 and to expire on Sunday, 23 April 2017. In addition N Callow was fined the sum of $15,000. The Stewards ruled both monetary penalty and suspension to be served concurrently. This Appeal has been set down for 9.30am Monday 3 April 2017 at the office of Racing NSW (TBC).

Licensed Trainer Ian Cook has lodged an appeal against penalty after being found guilty by the Stewards under AR178. On 1 March 2017 Mr Cook was suspended by NRRA Stewards for a period of 3 months commencing on the day and expiring 1 June 2017. This followed the detection of a prohibit substance in a pre-race urine sample taken from Sathern prior to that gelding finishing eight in the Maiden Plate 1370m conducted at Bowraville on 26 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 been set down for 9.30am Friday 21 April 2017 at the office of Racing NSW.

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 been set down for Friday 21 April 2017 at the office of Racing NSW, not before 11.30am.

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 is opposed by Stewards. The Principal member of the Appeals Panel made the following orders on 20 March 2017: 1. Interim stay granted pursuant to LR 107(1)(a) until 4pm Friday 24 March 2017. 2. The Stewards’ submissions dated 20 March 2017 be forthwith provided to the appellant. 3. Appellant to file any submissions in relation to the extension of the interim stay granted in 1 above by no later than 4pm Thursday 23 March 2017.

on 23 March 2017 after receiving appellant’s submissions: 1. Interim stay extended pursuant to LR 107(1)(a) until Noon Wednesday 29 March 2017. 2. Appellant to file any submissions in relation to the extension of the interim stay granted in 1 above by no later than 4pm Tuesday 28 March 2017. A date for this Appeal is yet to be set.

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.

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 has been set down for 10.00am, Friday 28 April 2017 at the office of Racing NSW.

Licensed Jockey James McDonald has lodged an appeal against penalty to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for 18 months for breaching 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. . This Appeal has been set down for 10.00am Wednesday 5 April 2017 at the office of Racing NSW.

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