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Status Of Appeals - 11 May 2017

Before the Racing NSW Appeal Panel

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 reschedule for 9.30am Tuesday, 13th June 2017 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.

James Dobie: Registered stablehand rider James Dobie 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 was heard on Thursday, 11 May 2017. In relation to the charge of breach of AR81A(1)(a) the orders of the Panel are: 1.     Appeal against severity of penalty dismissed 2.     Penalty of 12 months suspension backdated to commence on 20 February 2017 confirmed 3.     Penalty provisions of stewards varied (under AR196(4)/AR81D) such that if the appellant satisfactorily completes a course of professional counselling (details to be published in the Panel’s reasons), 6 months of the suspension is suspended, (in lieu of the Stewards decision of 3 months suspended), allowing the appellant to resume riding on 20 August 2017 (in lieu of the Steward’s date of 20 November 2017 if counselling completed) 4.     Appeal Deposit forfeited.

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 was heard on Thursday, 11 May 2017. In relation to the charge of breach of AR175(a) and a breach of 175(p) the orders of the Panel are: 1.     Appeal against severity of penalty for a breach of AR175(a) dismissed 2.     Penalty of 4 months disqualification for the breach of AR175(a) confirmed 3.     Appeal against severity of penalty for a breach of AR175(p) dismissed 4.     Penalty of 1 month disqualification for the breach of AR175(p) confirmed, with a variance that two weeks of which is to be served concurrently with the disqualification for the breach of AR175(a) 5.     Disqualifications to commence 18 May 2017 and conclude 2 October 2017 at which time the appellant may reapply for a licence 6.     Appeal deposit forfeited

Gai Waterhouse and Adrian Bott: Licensed Training Partnership Gai Waterhouse & Adrian Bott has lodged an appeal against conviction and penalty after being found guilty by the Stewards of a breach of AR175A. On 27 April 2017 the Partnership was fined $5,000 by Stewards for a breach of that Rule. This Appeal has been set down for 9.30am Friday 2nd June 2017 at the office of Racing NSW.

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

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 was heard on Monday 8th of May 2017 The Tribunal has reserved it’s decision.

Samuel Kavanagh: Mr 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 abovementioned 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.

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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