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Appeals Update - Friday, 24th January 2020

Please find below an update on current Appeals:

Before the Racing NSW Appeal Panel

Serg Lisnyy
Licensed Jockey Serg Lisnyy lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR131(a), after his ride on Hidden Hills in Race 1 at Taree Racecourse on Sunday, 22 December 2019. Following the Stewards inquiry, Serg Lisnyy was suspended for a period to commence 29 December 2019 and to expire on 4 January 2020 which day he may ride. This Appeal was heard on Tuesday 31 December 2019, commencing at 9.30 am at the offices of Racing NSW.

The Panel gave the following orders:
1. Appeal against the finding of guilt is upheld
2. The penalty is set aside
3. The Appeal Deposit is refunded

Jackson Morris
Licensed jockey Jackson Morris lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR115 (1)(a) and AR232(b), of a conduct related matter at Wyong Racecourse on 19 December 2019. At a convened Steward’s Inquiry on 22 December 2019, Jackson Morris was suspended for a period of 1 month and fined $1,000 (that fine suspended for a period of 12 months subject to good conduct). An application by Jockey Morris for a Stay of Proceedings, which was opposed by the Stewards, was declined by the Principal Member. This Appeal was heard Thursday, 9 January 2020, commencing at 9.30am at the offices of Racing NSW. Early in the hearing, the Appeal against the $1,000 fine was withdrawn by the appellant.

The Panel gave the following orders for the balance of the Appeal:

1. The Appeal against the finding of guilt is dismissed
2. The finding of guilt is confirmed
3. The Appeal against penalty is dismissed
4. The period of suspension of 1 month is confirmed
5. The commencement of the suspension is to be from 19 December 2019 expiring on 20 January 2020 on which day he may ride.
6. $50 of the Appeal deposit is refunded

Steven Thompson
Licensed foreperson Steven Thompson 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 after riding trackwork on 9 September 2019 which on analysis was found to contain a banned substance. On 24 October 2019 the NRRA Stewards conducted an inquiry into the circumstances of the analysis and subsequently issued the penalty.
This Appeal was heard on Friday, 10 January 2020 at 9.30am at the offices of Racing NSW. The Panel reserved its decision.

On 22 January 2020 the Panel gave the following orders:

1) The Appeal against the finding of guilt is dismissed
2) The penalty imposed by the Stewards on 24 October 2019 is confirmed.
3) The appellant’s foreperson's license is suspended for a period of 12 months commencing on Wednesday 2 October 2019 and expiring on Friday 2 October 2020, on which day he may recommence foreperson duties.
4) The suspension will be stayed:
i. From 2 April 2020 in respect of ground work duties, and;
ii. From 2 July 2020 in respect of trackwork duties,
On condition that the appellant:
(a) Provides a urine sample clear of prohibited substances 2 weeks prior to those two dates;
(b) Promptly provides urine samples to the Stewards when requested by them to do so, which are clear of prohibited substances;
(c) Does not otherwise breach the Rules of Racing;
(d) Has prior to 2 April 2020 satisfied the Stewards that he has completed an appropriate level of drug counselling
5) The appeal deposit is forfeited.

Scott Henley
Licensed Trainer Scott Henley 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. An application by Mr Henley for a Stay of Proceedings, which was opposed by stewards, was declined by the Panel (Mr Henley was invited to make further submissions if he desired to). This Appeal was heard on Friday 10 January 2020 commencing at 1.00pm at the offices of Racing NSW. The Panel reserved its decision.

Grant Allard
Licensed Trainer Grant Allard 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. An application by Mr Allard for a Stay of Proceedings, which was not opposed by Stewards, was granted by the Panel. This Appeal was part-heard on Thursday 28 November 2019, adjourned, then resumed on Tuesday 21 January 2020 commencing at 9.30 am at the offices of Racing NSW. The Panel reserved its decision.

Daniel Riley
Registered Owner Daniel Riley lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR231(1)(b)(iv), and pleading guilty to charges under AR231(1)(b)(iii), LR114(4) and AR232(b) on 11 December 2019. following a Stewards inquiry into the circumstances surrounding the body condition and subsequent death of the horse Liezhi Mei and a penalty of 21 months disqualification was imposed.
An application by Mr Riley for a Stay of Proceedings was declined by the Panel after also reviewing submissions from stewards that opposed the application (Mr Riley was invited to make further submissions if he desired to).
This Appeal was heard on Thursday, 16 January 2020 at 9.30am at the offices of Racing NSW. Mr Riley did not appear nor did a representative.

The Panel gave the following orders:
1. Appeal against finding of breaches of AR231(1)(b)(iv), AR231(1)(b)(iii), LR114(4) and AR232(b) dismissed.
2. Finding of breach AR231(1)(b)(iv), AR231(1)(b)(iii), LR114(4) and AR232(b) confirmed.
3. Appeal against severity of penalty dismissed
4. Total penalty of a 21-month disqualification confirmed. Such disqualification commences on 11 December 2019 and concludes on 11 September 2021.
5. Appeal deposit forfeited.

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. An application by Mr Newing for a Stay of Proceedings, which was not opposed by Stewards, was granted by the Panel. This Appeal is set for Friday 21 February 2020 commencing at 9.30am at the offices of Racing NSW.

Melanie O’Gorman
Licensed Trainer Melanie O’Gorman has lodged an appeal against the penalty after pleading guilty to a charge under AR240(2) on 11 December 2019, following the Stewards inquiry in to the analysts finding of Lamotrigine in the urine sample taken from She Just Said it following the mare winning Race 6 – Dads for Chinese Maiden Handicap at Armidale on Saturday, 14 September 2019. A fine of $6000 was imposed. A date is yet to be set.

Paul Robbins
Licensed Trainer Paul Robbins has lodged an appeal against conviction and penalty after pleading guilty to charges under AR231(1)(b)(iii) and AR104(1) at a Stewards inquiry on 14 January 2020 into the circumstances surrounding an injury to, the care and subsequent death of the racehorse Ballesteros. A penalty of 12 months disqualification was imposed for the first conviction and a $400 fine was imposed for the second. A date is yet to be set.

Susan Robbins
Licensed Foreperson Susan Robbins has lodged an appeal against conviction and penalty after pleading guilty to charges under AR227(b) and AR231(1)(b)(iii) at a Stewards inquiry on 14 January 2020 into her being a party to licensed trainer Mr Paul Robbins committing a breach of AR231(1)(b)(iii) in the circumstances surrounding an injury to, the care and subsequent death of the racehorse Ballesteros. A penalty of 8 months disqualification was imposed. 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 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. A date is yet to be set.

Before the NSW Racing Appeals Tribunal

Ben Smith
Licensed Trainer Ben Smith has lodged an appeal NSW Racing Appeals Tribunal against the guilt and penalty of charges after being found guilty by the Racing NSW Appeals Panel 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 determined that Mr Smith’s licence to train is disqualified for a period of 3 years and 9 months. Such disqualification commenced on 18 September 2018, and will expire on 18 June 2022, on which day Mr Smith may reapply for his licence. A date for this appeal is yet to be set.

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 Appeal followed a steward’s inquiry into the purchase by licenced trainer Mr Tim Martin of a 2015 High Chaparral x Eileen Filly from New Zealand Bloodstock Pty Ltd in January 2017 for NZ$150,000. The Stewards Inquiry took place following a complaint from Mr Allan Chrara. Mr Martin was issued a penalty of 6 months Disqualification. The Appeal Panel confirmed the finding of the stewards 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. A date for this appeal is yet to be set.

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