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Current Status Of Appeals (20th March 2017)

Before the Racing NSW Appeal Panel

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 was heard on Monday, 20 February 2017 and on 2 March 2017 the Panel made the following orders: (1) Appeal against finding of guilt is dismissed. (2) Finding of guilt in relation to breach of AR 175(a) is confirmed. (3) Appeal against severity of sentence is upheld. (4) In lieu of a penalty of four months’ disqualification, a penalty of a suspension for two months is imposed. That suspension will commence on Monday 6 March 2017 and will expire at midnight on 5 May 2017, after which time Mr Karakatsanis will be free to train. (5) Appeal deposit is forfeited.

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 was heard on Monday, 20 February 2017 and on 2 March 2017 the Panel made the following orders: (1) Appeal against finding of guilt is dismissed. (2) Finding of guilt in relation to breach of AR 175(a) is confirmed. (3) Appeal against severity of sentence is upheld. (4) In lieu of a penalty of four months’ disqualification, a monetary penalty of $10,000 is imposed. (5) Appeal deposit is forfeited.

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 was heard on Tuesday, 21 February 2017 and the Panel has reserved its decision.

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 was heard on Tuesday, 21 February 2017 and the Panel has reserved its decision.

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 was heard on Monday, 6 March 2017 at the office of Racing NSW. The Panel made the following orders: 1) The Appeal is allowed 2) Finding under AR135(b) is set aside 3) Appeal deposit is refunded 4) Written Reasons for Decision to be published at a later date

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 was set down for hearing on Friday 24 March at the office of Racing NSW. On Monday 20 March 2017 the appellant sought leave to withdraw the Appeal, which was not opposed by Stewards. The Appeal Panel has granted leave and the Appeal is withdrawn.

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 been set down for 9.30am Friday 24 March 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. A date for this Appeal is yet to be set.

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. A date for this Appeal is yet to be set.

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: 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. A date for this Appeal is yet to be set.

Licensed Jockey Tye Angland has 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 has been set down for not before 11.30am Friday 24 March 2017 at the office of Racing NSW.

Licensed Jockey Jeff Lloyd has lodged an appeal against 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 Meeting) on which day he may ride. This Appeal has been set down for not before 1.00pm Friday 24 March 2017 at the office of Racing NSW.

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. A date for this Appeal is yet to be set.

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