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Racing NSW Appeals Update

The following appeals are currently before the Racing NSW Appeal Panel:

Ian Cook Licensed Trainer Ian Cook 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 prohibited 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 was stayed until further order of the Panel. This Appeal was heard on Friday 21 April 2017 at the office of Racing NSW.

The Panel gave the following orders: 1.

Appeal against severity of penalty allowed in part 2.

In lieu of a 3 month suspension, a suspension of nine (9) weeks is imposed 3.

Pursuant to AR196(6) the suspension is to commence on 26 April 2017 and expire at midnight on 27 June 2017, after which the appellant may train 4.

Appeal Deposit refunded.

Garry McCarney Licensed Trainer Garry McCarney lodged an appeal against 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 prohibited substance in pre-race and post-race urine samples taken from Southern Flight before and after that mare was placed first in the Class 1 Handicap conducted at Narromine on 12 November 2016, and in a post-race urine sample taken from Head to Toe after that mare placed first in the Fillies and Mares Maiden Handicap at the same race meeting. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards was stayed until further order of the Panel. This Appeal was heard on Friday 21 April 2017 at the office of Racing NSW.

The Panel gave the following orders: 1. Appeal against severity of sentence dismissed. 2. Total penalty of 15 months’ disqualification confirmed. 3. Disqualification to commence on 28 April 2017, and to expire on 27 July 2018, following which Mr McCarney may reapply for his licence. 4. Appeal deposit forfeited.

Reasons for Decision to be published

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 set down for 9.30am Thursday 4 May 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. This Appeal has been set down for three days commencing 9.30am 22 May 2017 at the office of Racing NSW, and if required a further two days 7,8 June 2017.

James Dobie Registered stablehand rider James Dobie has lodged an appeal against penalty after being found guilty by the Stewards of a breach of AR81A(1)(a). On 31 March 2017 Mr Dobie was suspended by HNWRA Stewards for a period of 12 months, backdated to commence on 20 February 2017 expiring 20 February 2018. A stay of proceedings was not sought. This Appeal has been set down for 9.30am, Thursday 11 May 2017 at the office of Racing NSW.

Richard Rohde Licensed Trainer Richard Rohde has lodged an appeal against penalty after being found guilty by the Stewards of a breach of AR175(a) and a breach of 175(p). On 3 April 2017 Mr Rohde’s trainers license was disqualified by NRRA Stewards for a period of 4 months for the breach of AR175(a) and 1 month for the breach of AR175(p). Such penalty to be served cumulatively and to commence on Tuesday 4 April 2017 and expire on Monday 4 September 2017, on which day he may reapply for a license. 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 Thursday 11 May 2017 at the office of Racing NSW, not before 11.00am.

Con Karakatsanis Licensed Trainer Con Karakatsanis 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. On 29 March 2017 the Panel gave the following orders: In relation to the charge of breach of AR178E(1) the orders of the Panel are: 1.

Appeal against the finding of guilt is dismissed; 2.

The finding of guilt in relation to AR178E(1) is confirmed; 3.

Directions are to be made for the hearing of the appeal against severity of sentence. Pursuant to order 3, on 30 March 2017 the following directions were made by consent in relation to the hearing of the appeal against severity of sentence: i)

The appellant to file written submissions as to penalty on or before Friday, 7 April, 2017. ii)

The respondent to respond to those submissions on or before Thursday, 13 April, 2017 iii)

The Panel will deliver its decision after considering those written submissions

Before the NSW Racing Appeals Tribunal

James McDonald Licensed Jockey James McDonald 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. The Appeal was heard on Wednesday, 5 April 2017 at the offices of Racing NSW. On 10 April 2017, the Tribunal gave the following orders: 1. Appeal as to severity of penalty dismissed, 2. A period of disqualification of 18 months to commence on 15 November 2016 is imposed.

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 had been set down for 10.00am, Monday 8 May 2017 at the office of Racing NSW.

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.

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

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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