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Appeals Updates (As At 14th November 2019)

Please find below an update on current Appeals:

Before the Racing NSW Appeal Panel

Serg Lisnyy
Licensed jockey Serg Lisnyy has lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR131(a), after his ride on Shimmering Light in Race 3 at Newcastle Racecourse on Saturday, 2 November 2019.  Following the Stewards inquiry, Serg Lisnyy was suspended for a period to commence 12 November 2019 and to expire on 21 November 2019 on which day he may ride.

This Appeal was heard on Monday, 11 November 2019 and the Panel made these orders:

  1. Appeal against finding of breach of AR 131(a) dismissed.
  2. Finding of breach of AR 131(a) confirmed.
  3. Appeal against severity of penalty allowed.
  4. In lieu of a four (4) meeting suspension, a two (2) meeting suspension is imposed. That suspension commences on 13 November, and expires on Saturday 16 November 2019, on which day the appellant may ride.
  5. Half of appeal deposit to be refunded.

Aaron Bullock
Licensed jockey Aaron Bullock has lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR131(a), after his ride on Art Attack in Race 5 at Rosehill Gardens on Saturday, 9 November 2019.  Following the Stewards inquiry, Aaron Bullock was suspended for a period to commence 19 November 2019 and to expire on 28 November 2019 on which day he may ride. This Appeal has been set down for hearing on Monday, 18 November 2019 commencing at 10.30am at Racing NSW.

Grant Allard
Licensed trainer Grant Allard has lodged an appeal against the conviction and penalty of 4 months disqualification and $5000 fine after being found guilty by the Stewards under AR48, after failing to disclose the full benefit he received for the sale of I Am Moses to Hong Kong interests in May 2018 and failing to disclose a contingency to be paid subject to the horse winning a class 1, 2 or 3 race in Hong Kong.  This Appeal has been set down for hearing on Thursday, 28 November 2019 commencing at 10.30am at Racing NSW.

Ben Smith
Licensed trainer Ben Smith has lodged an appeal against the guilt and penalty of charges after being found guilty by Racing NSW Stewards and issued charges under AR232(i), AR232(h), AR245(1)(a), AR240(2), AR249(1), AR227(b), AR252(1) and AR228(b), after two horses were found to have elevated levels of cobalt in their urine, significantly in excess of the threshold allowed under the Rules of Racing. The Panel heard the appeal on 26 August 2019 and, on 30 October 2019, confirmed the findings of guilt.  The hearing of penalty has been set down for Friday, 6 December 2019 at commencing at 10am at Racing NSW.

Scott Henley
Licensed trainer Scott Henley has lodged an appeal against the penalty of 14 months disqualification after being found guilty by the Stewards under AR240(2), after two Analysts’ findings of cobalt at a concentration above the level excepted in paragraph 11 of Division 3 of the Prohibited List B in a post-race urine sample taken from Tesarc following that gelding winning Race 9 (Benchmark 66 Handicap, 1420m) at Grafton Racecourse on 29 April 2019. A date is yet to be set.

Steven Thompson
Licensed foreperson Steven Thompson has lodged an appeal against the penalty of 12 months suspension after being found guilty by the Stewards under AR139(1)(a) and AR136, after a urine sample was provided and on analysis was found to contain a banned substance.  A date is yet to be set.

Anthony Newing
Licensed trainer Anthony Newing has lodged an appeal against penalty of 3 months suspension after being found guilty by the Stewards under AR228(b) after an incident that occurred on Faunce Street, Gosford at approximately 6:15am on the morning of Monday, 18 February 2019. A date is yet to be set.

Michelle Steele
Michelle Steele has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR175(q), AR175(o) and AR175A on 6 June 2017 when employed at 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. A date is yet to be set.

Before the NSW Racing Appeals Tribunal

Bobby El’Issa
Licensed Jockey Bobby El’Issa lodged an appeal with the NSW Racing Appeals Tribunal against the decision of Racing NSW to revoke his license.  This Appeal has been set down for Wednesday, 27 November 2019 commencing at 10am.

Matt Schembri
Licensed harness driver/trainer Matt Schembri lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel. The Panel confirming the finding of guilt for breaches of AR227, AR232(b) and AR232(i) imposed a penalty of 20 months disqualification.  The hearing is set down for 10am on Thursday, 12 December 2019 at Racing NSW offices.

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 Appeal in relation to Adam Matthews had been set for 3 days from Monday 21 May 2018 to Wed 23 May 2018 at the offices of Racing NSW.  These dates were vacated due to unavailability of Witness and then was deferred pending finalisation of the associated appeal of Sam Kavanagh. New dates will be notified as soon as they are settled.

Tim Martin
Licensed trainer Tim Martin has lodged an appeal with the NSW Racing Appeals Tribunal against the findings of the Racing NSW Appeal Panel.  The Panel confirming the finding of guilt for breach of AR229(i) but reduced the penalty from a 6 months disqualification to a 4 months suspension.  Racing NSW has lodged an appeal on penalty.  No date has been set.

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