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Racing NSW Appeals Update

Before the Racing NSW Appeal Panel

Dennis Mitchell Mr Dennis Mitchell 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 was heard on Friday, 11 August 2017 at 9.30am at the office of Racing NSW.

This appeal was part heard on Friday, 11 August 2017 at the office of Racing NSW. The Panel have adjourned the appeal to consider submissions made today by both parties on jurisdiction.

The panel gave the following summary: 1. In the appeal of Dennis Mitchell, the appellant was represented today by Mr Andrew Byrne of Counsel, instructed by Ms Conner of Laxon Lex Lawyers. The Stewards were represented by Mr Marc Van Gestel, the Chairman of Stewards. 2. The Panel heard submissions from both parties as to whether the Stewards had jurisdiction to inquire into certain conduct of Mr D Mitchell which forms the basis of the three charges laid against him, and to find him guilty of those charges and subsequently penalize him. 3.At the conclusion of those submissions, the parties agree the Panel, rather than today hearing the merits of the charges, should first deliver reasons on jurisdiction. Pending this outcome, the extent of the hearing of the charges may be more confined than they currently are. 4.The Panel agrees with this course, and has reserved its decision on jurisdiction.

Alan Chau Licensed Jockey Alan Chau 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 was heard on Friday, 11 August 2017 at 2.30pm 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.In lieu of a six meeting suspension a penalty of a four meeting suspension is imposed; such penalty to commence on Monday 14 August 2017 to expire on Monday 21 August 2017 on which day he may ride. 5.50% of the appeal deposit to be refunded.

Rory Hutchings Licensed Jockey Rory Hutchings 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 was heard on Tuesday, 15 August 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.In lieu of six meeting suspension a penalty of five meeting suspension is imposed; such penalty to commence on Sunday, 13 August 2017 and to expire on Thursday, 24 August 2017 on which day he may ride. 5.50% of the appeal deposit to be refunded.

Deanne Panya Licensed Jockey Deanne Panya lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after her ride on Lass Vegas in Race 2 ( All too Hard@Vinery Hanicap 1250m ) at Canterbury Park Racecourse on Wednesday, 9 August 2017. On this date Ms Panya was suspended for a period commencing on Tuesday, 15 August 2017 and to expire on Thursday, 24 August 2017 on which day may resume riding. This appeal was heard on Tuesday, 15 August 2017 at the office of Racing NSW.

The panel gave the following orders: 1.Appeal against finding of guilt upheld 2.Finding of guilt for breach of AR137(a) set aside 3.Penalty of a five race suspension set aside 4.Appeal deposit to be refunded

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 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.

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, T Brennan and A 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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