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Appeal Update

Before the Racing NSW Appeal Panel 

Darren Graham

Licensed Trainer Darren Graham lodged an appeal against penalty after being found guilty by the stewards under AR175(q) and AR175(x). Mr Graham was suspended for a total of 4 months commencing 6th October 2017 and to expire on 6th February 2018. On application of the Appellant, which was not opposed by the stewards, the penalty imposed by the Stewards is stayed until further order of the Panel.

The appeal was heard on Friday 1 December 2017 commencing at 9.30am at the office of Racing NSW. At the hearing, submissions were made by both parties and witnesses gave evidence in person or by Video Link.

At the conclusion of the hearing the Panel reserved its decision and gave the following orders:

  1. Written submissions to be exchanged between the parties and lodged with the Appeals Co-Ordinator by 12 January 2018
  2. The penalty imposed by the Stewards continues to be stayed until further order of the Panel
  3. The Panel will hand down its decision approximately end January 2018

 

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 initially part-heard on 11 August 2017 at the office of Racing NSW. The Panel adjourned that day after hearing submissions on jurisdiction. On 22 August 2017 the Panel handed down its decision and allowed the appeal on Charges 1 and 2 and part of charge 3 due to jurisdiction. The appeal against the remainder of Charge 3 was relisted and heard on Thursday, 5 October 2017 commencing at 9.30am at the office of Racing NSW.On this date the panel reserved its decision.

On 30 November 2017 the panel gave the below orders:

The panel gave the following orders:

  1. Appeal allowed
  2. Finding of breach of AR175A set aside
  3. Penalty of a fine in the sum of $3,000 set aside
  4. Appeal deposit to be refunded

 

Bobby El-Issa

Licensed Jockey Bobby El-Issa lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after his ride on Duvet in Race 7 (Robert Price Premier Trainer Benchmark 60 Handicap 1425m) at Moruya Racecourse on Tuesday, 21 November 2017. On this date Mr El-Issa was suspended for a period commencing Monday 27th November to Tuesday 12th December 2017 on which day he may resume riding. This appeal was heard on Wednesday, 29 November 2017 at 9.30am at the office of Racing NSW.

The panel gave the following orders:

  1. Appeal against finding breach of AR137(a) dismissed.
  2. Finding f breach of AR137(a) confirmed.
  3. Appeal against severity of penalty allowed.
  4. In lieu of a 9 meeting suspension, an 8 meeting suspension imposed, such penalty to commence on 27 November 2017 and to expire on 11 December 2017, on which date Mr El-issa may resume riding.
  5. Half of appeal deposit to be refunded.

 

Hunter Kilner

Licensed Trainer Hunter Kilner lodged an appeal against conviction and penalty of a 3 month suspension imposed on him by the Stewards. Mr Kilner reserved his plea under AR178AB(1)(b) that at approximately 9.00am on the morning Tuesday 11 July 2017 licensed trainer Mr Hunter Kilner did, without the permission of the Stewards, inject the racehorse Steve’s Surprise on two occasions, with such injections being within One Clear Day prior to 12.01am on Wednesday 12 July 2017, on which day the gelding was engaged to run in the Ramornie Handicap 1200m at Grafton racecourse.  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 Monday, 27 November 2017 at 9.30am at the office of Racing NSW.

The panel gave the following orders:

  1. Appeal against finding of breach of AR178AB(i)(b) dismissed
  2. Finding of guilt for breach of AR178AB(i)(b) confirmed
  3. Appeal against severity of penalty dismissed
  4. Penalty of 3 month suspension confirmed, such penalty to commence on 27 November 2017 and to expire on 27 February 2018, on which date Mr Kilner may resume training.
  5. Appeal deposit forfeited

 

Blake Shinn

Licensed Jockey Blake Shinn has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after his ride on Samadoubt in Race 4 (Win 10K Cash at Canterbury Nights 1100m) at Canterbury Park on Friday 1 December 2017. On this date Mr Shinn was suspended for a period commencing Thursday 7th December to Friday 22nd December 2017 on which day he may resume riding. This appeal has been set for Tuesday, 12th December 2017 commencing at 9.30am at the office of Racing NSW

 

Rachael Murray

Licensed Jockey Rachael Murray lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after her ride on Luceo Non Uro in Race 6 (Country Music Cup January 25 Class 3 Handicap 1000m) at Tamworth Jockey Club on Monday 31 October 2017.  On this Date Ms Murray was suspended for a period commencing Wednesday 8th November to Sunday 19th November 2017 on which day she may resume riding. This Appeal was withdrawn on Friday, 3 November 2017.

 

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.

 

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

 

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. A date for this Appeal is yet to be set.

 

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.

 

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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