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Status Of Appeals

Before the Racing NSW Appeal Panel

Liam Birchley
Queensland trainer Liam Birchley lodged an appeal against the determination of the Stewards on 5 March 2018 acting under AR 50 that nominations of horses trained by Mr Birchley will be declined to be received and/or rejected until the charges issued by Racing Victoria Limited (RVL) in respect to the Lovani inquiry have been resolved. At the agreement of Mr Birchley and Racing NSW, the Appeal Panel considered the application by way of written submissions.

On 26 April 2018 the Panel gave the following orders -
Determination of the Panel: Mr Birchley has no right of appeal to the Racing Appeal Panel under the Thoroughbred Racing Act 1996 (NSW) in relation to the Steward’s decision made against him on 5 March 2018 under AR 50.

Justin Bulmer
Farrier Justin Bulmer has lodged an Appeal against conviction and penalty after being found guilty by the Stewards under AR175(n) following an inquiry into an injury sustained by the 2YO colt Mufasta in the stables of Scone trainer Mr Brett Cavanough. Following The Stewards inquiry Mr Bulmer was disqualified for 3 months to commence immediately and expire on 3 July 2018. 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 Thursday, 24 May 2018 commencing at 9.30am at the offices of Racing NSW.

Brodie Loy
Licensed Jockey Brodie Loy has lodge an appeal against penalty after being found guilty by the Stewards under AR175(gg)(g)(a). Following a urine sample obtained from Mr Loy on 29 January, 2018 after he rode in Race 3 at Goulburn earlier that day. Following a Stewards inquiry on 5 April, 2018 Mr Loy was suspended by SERA Stewards for a period of 12months backdated to 9 February 2018 and to expire on 9 February 2019. A date for this appeal is yet to be set.

Elizabeth Hasler
Licensed stablehand Elizabeth Hasler has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR175(q). Following a Stewards inquiry on Friday 20 April 2018, Ms Hasler was disqualified for a period of 6 months, to commence immediately and to expire on Friday, 20 October 2018. An application from Ms Hasler for a Stay of Proceedings was opposed by Stewards. The principal member has granted an interim stay until further order of the Panel. A date for this appeal is yet to be set.

Michelle Steele
Ms Michelle Steele has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR 175(q), AR175(o) and AR175A on 6 June 2017 when employed as Australian Turf Club (ATC) Mounted Security Division Co-ordinator. On 26th October 2017 Ms Steele lodged an appeal outside the specified 2 days after decision by the Stewards. In the circumstances, the Panel will defer dealing with the application made by Ms Steele until the appeal on jurisdiction to the RAT concerning Mr Mitchell is finalized.

Gordon Yorke
Trainer Gordon Yorke lodged an appeal out of time against the stewards decision disqualify him for 18 months for a breach of AR178. Mr Yorke sought leave to have the appeal heard out of time pursuant to Rule 106(2)(c) of the Local Rules. Penalty commenced on 21 December 2017, to expire on 21 June 2019.
On 13 February 2018 the Panel gave the following order -
Application under LR 106(2)(c) for appeal to be heard out of time refused.

Before the NSW Racing Appeals Tribunal

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 S 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.

Update: Dates have been set now that the Victorian Court of Appeal decision has been handed down RVL vs. Kavanagh, M and O’Brien, D.
The Appeal in relation to Samuel Kavanagh and Adam Matthews has been set for 3 days from Monday 21 May 2018 to Wed 23 May 2018 commencing at 10.00am at the offices of Racing NSW.
On application, The Tribunal has granted Tom Brennan leave for his appeal to be withdrawn.

Dennis Mitchell
Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision on jurisdiction on 22 August 2017 from the Racing NSW Appeal Panel. This Appeal has been set for Friday 25 May 2018 commencing at 10.00am at the offices of Racing NSW.
Separate additional appeals by Racing NSW and Mr Mitchell against the findings of the Appeal Panel have been deferred pending the outcome of the appeal on jurisdiction.

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.
Mr Vasili has challenged the Tribunal’s decision to the Supreme Court. The parties have agreed and the Tribunal notes and adopts the position of both parties that the Tribunal take no further action in this appeal pending the resolution of the Supreme Court proceedings.

John Sprague
Licensed Trainer John Sprague has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for 12 months for a breach of AR178. Penalty commenced on 23 February 2018, to expire on 23 February 2019.
An application from Mr Sprague for a Stay of Proceedings was dismissed by the Tribunal. A date for this appeal is yet to be set.

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