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Appeal Updates (Wednesday, 25th November 2020)

Before the Racing NSW Appeal Panel

Julie Pratten
Licensed Trainer Julie Pratten lodged an Appeal against penalty after being found guilty by Racing NSW Stewards under AR240(2), for presenting Rahann to race at Ballina Racecourse on Friday, 17 January 2020 with a prohibited substance being detected in a pre-race sample. Following the Stewards inquiry, Julie Pratten was disqualified for a period of 9 months commencing 12 August 2020 and to expire on 12 May 2021. The Appeal was heard on 3 September 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty allowed.
  2. In lieu of a disqualification of 9 months, the appellant is disqualified for 6 months. The appellant’s disqualification commenced on 12 August 2020, and so she is able to reapply for her licence on 12 February 2021.
  3. Appeal deposit to be refunded.

Sharon Pepper
Licensed Trainer Sharon Pepper lodged an Appeal against penalty after being found guilty by Racing NSW Stewards under AR240(2), for presenting Bella Boss to race at Lismore Racecourse on Saturday, 7 March 2020 with a prohibited substance being detected in a post-race sample. Following the Stewards inquiry, Sharron Pepper was disqualified for a period of 9 months commencing 12 August 2020 and to expire on 12 May 2021. The Appeal was heard on 3 September 2020 and panel made the following orders:

  1. Appeal against severity of penalty allowed.
  2. In lieu of a disqualification of 9 months, the appellant is disqualified for 6 months. The appellant’s disqualification commenced on 12 August 2020, and so she is able to reapply for her licence on 12 February 2021.
  3. Appeal deposit to be refunded.

Mark Pepper
Licensed Stable Hand Mark Pepper lodged an Appeal against penalty after being found guilty by Racing NSW Stewards under AR227(a), for conduct which led to Bella Boss being presented to race at  Lismore Racecourse on Saturday, 7 March 2020 with a prohibited substance detected in a post-race sample. Following the Stewards inquiry, Mark Pepper was disqualified for a period of 4.5 months commencing 12 August and to expire on 26 December 2020. The Appeal was heard on 3 September 2020 and the panel made the following orders:

  1. Appeal against severity of penalty dismissed.
  2. Penalty of a disqualification of 4.5 months confirmed. The appellant may reapply for his licence on 26 December 2020.
  3. Appeal deposit forfeited.

Adam Hyeronimus
Licensed Jockey Adam Hyeronimus lodged an Appeal against conviction and penalty after being found guilty under Racing NSW Stewards under AR115(e) and AR232(i) for betting offences and providing false evidence. Following the Stewards inquiry, Adam Hyeronimus was disqualified for a period of 3 years. The appeal was heard over Monday 21 and Tuesday 22 September 2020. It has been stood over for a further hearing on Monday 9 November 2020. The appeal hearing has further been stood over for the parties to provide written submissions by 30 November 2020 to be supplemented with verbal submissions on Thursday 10 December 2020.

Blake Paine
Licensed Stable Hand Blake Paine lodged an Appeal against conviction and penalty after being found guilty under Racing NSW Stewards under AR236 and AR232(i) for betting for a jockey and providing false evidence. Following the Stewards inquiry, Blake Paine was disqualified for a period of 2 years and 4 months. The appeal was heard over Monday 21 and Tuesday 22 September 2020. It has been stood over for a further hearing on Monday 9 November 2020.  The appeal hearing has further been stood over for the parties to provide written submissions by 30 November 2020 to be supplemented with verbal submissions on Thursday 10 December 2020.

Dean Boal
Licenced Trainer Dean Boal lodged an Appeal against penalty after being found guilty by Southern District Stewards under AR232(i) and AR227 for providing false evidence and breaching Racing NSW COVID-19 policy at Leeton Jockey Club on Monday, 27 July 2020. Following the Stewards inquiry, Dean Boal was disqualified for a period of 8 months commencing Friday 31 July 2020 and to expire on 31 March 2021. The Appeal was heard is on Thursday, 24 September 2020 and the panel made the following orders:

  1. In relation to Charge 1, being for a breach of AR 227(b), the appeal is dismissed and the period of disqualification imposed by the Stewards is confirmed, namely the appellant is disqualified for a period of 4 months commencing on 31 July 2020 and expiring on 30 November 2020.
  2. In relation to Charge 2, being a breach of AR 232(i), the appeal is dismissed and the period of disqualification imposed by the Stewards is confirmed, namely the appellant is disqualified for a period of 4 months commencing on 30 November 2020 and expiring on 31 March 2021
  3. The appeal deposit is forfeited.

Marc Lambourne
Mr Marc Lambourne lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR228(a), AR228(d) and AR232(b). The Stewards opened an inquiry following an incident that took place on the Racing Rant program on 20 April 2020, involving Mr Lambourne and Mr Pollett. Following the Steward’s inquiry, Mr Lambourne was fined $6000. The Appeal was heard Thursday 1 October 2020 and the panel made the following orders:

1. In relation to the first charge for a breach of AR228(a):

(1) The appeal against conviction is dismissed.
(2) The appeal against severity of penalty is allowed.
(3) In lieu of the penalty imposed by the Stewards, Mr Lambourne is fined $1,000
(4) 50% of the appeal deposit is to be forfeited and 50% is to be refunded.

2. In relation to the second charge of breach of AR228(d):

(1) The appeal against conviction is dismissed.
(2) The appeal against penalty is allowed.
(3) In lieu of the penalty imposed by the Stewards, no penalty is imposed.

3. In relation to the third charge of breach of AR232(b):

(1) The appeal against severity of penalty is allowed.
(2) In lieu of the penalty imposed by the Stewards, Mr Lambourne is fined $1,000.

Mr Lambourne has lodged an appeal to the Racing Appeals Tribunal. No date has been set for the appeal.

Glenn Pollett
Mr Glen Pollett lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR228(a). The Stewards opened an inquiry following an incident which took place on the Racing Rant program on 20 April 2020, involving Mr Pollett and Mr Lambourne. Following the Steward’s inquiry, Mr Pollett was fined $5000. The Appeal was heard Thursday, 1 October 2020 and the panel made the following orders:

1. In relation to the first charge for a breach of AR228(a):

(1) The appeal against conviction is dismissed.
(2) The appeal against severity of penalty is allowed.
(3) In lieu of the penalty imposed by the Stewards, Mr Pollett is fined $2,000.

2. 50% of the appeal deposit is to be forfeited and 50% is to be refunded

Mr Pollett has lodged an appeal to the Racing Appeals Tribunal. No date has been set for the appeal.

Trevor Sutherland
Licensed Trainer Trevor Sutherland lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under LR114(5)(e), AR52 and AR229(h), for failing to notify racing officials of the disposing of racehorses Redfu and Rozzi, and failure to notify racing officials of the death of Hangin With Willy, Witchblade and Love You Toby. Following the Stewards inquiry, Trevor Sutherland was disqualified for a period of 3 Years commencing 22 August 2020 and to expire on 22 August 2023. The appeal was heard Friday, 6 November 2020 and the panel made the following orders:

  1. The appellant has 14 days to lodge written submissions in relation to the issue of breach of LR114(5)(e) upon receipt of the transcript.
  2. Upon receipt of the appellant's submissions, the Stewards to have 14 days to lodge submissions in reply.

Hugh Bowman
Licensed Jockey Hugh Bowman lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR129(2) after his ride on Farnan in Race 6 at Rosehill Racecourse on Saturday, 12 September 2020. Following the Stewards inquiry, Hugh Bowman was suspended for a period of 20 Days commencing Sunday, 27 September 2020 and to expire on Saturday, 17 October 2020 on which day he may ride. The appeal was heard Thursday, 24 September 2020 and the Panel made the following orders:

  1. Appeal allowed.
  2. Finding of breach of AR 129(2) set aside.
  3. Penalty of a 20-day suspension of the appellants licence to ride is set aside.
  4. Appeal deposit to be forfeited.

Mark Ostini
Licensed Trainer Mark Ostini lodged an Appeal against conviction and penalty after being found guilty under Hunter and North West Racing Stewards under AR252(1) and AR228(b), after the death of Leshem at Armidale Racecourse on Wednesday, 8 July 2020. Following the Stewards inquiry, Mark Ostini was disqualified for a period of 12 months commencing on 16 September 2020 and to expire on 16 September 2021. The appeal was heard Wednesday, 18 November 2020 and the decision has been reserved.

Mitchell Faulkner
Licensed Stable Hand Mitchell Faulkner lodged an appeal against conviction and penalty after being found guilty under Hunter and North West racing Stewards under AR228(b) and AR256(1)(a)(iii) after the death of Leshem at Armidale Racecourse on Wednesday, 8 July 2020. Following the Stewards inquiry, Mitchell Faulkner was disqualified for a period of 12 months commencing on 16 September 2020 and to expire on 16 September 2020. The appeal was heard Wednesday, 18 November 2020 and the decision has been reserved.

Kevin Squire
Permitted  Veterinarian Dr Kevin Squire lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards of charges under AR227(a) – conduct which led to a breach of the Rules of Racing for prescribing injectable altrenogest and AR232(h) – failing to attend a Stewards hearing Following the Stewards inquiry, Dr Squire’s Racing NSW Veterinary Permit was suspended for a period of 12 months commencing 25 September 2020 and to expire on 25 September 2021. The appeal is set to be heard Friday, 20 November 2020 and Dr Squire was granted a Stay of Proceedings.

Deborah Prest
Licensed Trainer Deborah Prest lodged an appeal against conviction and penalty after being found guilty under AR228(a) and AR228(c) in respect to social media content.  Following the Stewards inquiry, Mrs Prest was suspended for a period of 1 month commencing 29 September 2020 and to expire on 29 October 2020 and was also fined a total of $5,000. The appeal is set to be heard Monday, 14 December 2020 and Mrs Prest was granted a Stay of Proceedings by the Appeal Panel.

Michelle Russell
Licensed Trainer Michelle Russell lodged an appeal against penalty after being found guilty by Southern District Stewards of two breaches of AR240(2), following the prohibited substances, heptaminol and cobalt, being found in the racehorse Taliano at Wagga Wagga Racecourse on 14 July 2020. Following the Stewards inquiry, Michelle Russell was disqualified for a period of 12 months commencing 21 October 2020 and to expire on 21 October 2021. The Stewards further issued Ms Russell with a 2 month suspension commencing 21 October 2021 and to expire on 21 December 2021. The appeal date is yet to be set.

Mike Cattell
Licensed Trainer Mike Cattell lodged an appeal against penalty after being found guilty by South Eastern Stewards of 3 charges under AR249(1)(a) following the administration of Ranvet Potassium Plus to three separate horses on race day that were engaged to race in race 4, 5 and 6 at Nowra Racecourse on 20 September 2020. Following the Stewards inquiry, Mike Cattell was disqualified for a period of 9 months commencing 27 October 2020 and to expire on 27 July 2021. The appeal is set to be heard Wednesday, 9 December 2020.

Serg Lisnyy
Licensed Jockey Serg Lisnyy lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR139(1)(a) following a urine sample being taken at Kembla Grange on 17 September 2020 being found to contain banned substances. Following the Stewards inquiry, Serg Lisnyy was suspended or a period of 17 days commencing 21 November 2020 and to expire on 8 December 2020. The appeal was heard Friday, 20 November 2020 and the panel made the following orders:

  1. Appeal is Dismissed.
  2. Penalty not varied.
  3. Appeal deposit forfeited.

Glyn Schofield
Licensed Jockey Glyn Schofield lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR131(a) after his ride on Somova in Heat 2 at Warwick Farm Trials on Friday, 23 October 2020. Following the Stewards inquiry, Glyn Schofield was suspended for a period of 6 days commencing on 19 November 2020 and to expire on 25 November 2020. The appeal was heard Friday, 20 November 2020, and the panel made the following orders:

  1. Appeal against breach or AR131(a) dismissed.
  2. Finding of breach AR131(A) confirmed.
  3. Appeal against penalty upheld.
  4. Penalty of suspension of 3 meetings, such suspension to commence on Sunday, 22 November 2020 and to finish on Saturday, 28 November 2020, on which day he may ride.
  5. Appeal deposit forfeited.
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