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Appeals Update - Tuesday, 31st December 2019

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 9.30am 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

Ben Smith
Licensed trainer Ben Smith 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 Appeal Panel heard the appeal on 26 August 2019 and, on 30 October 2019, confirmed the findings of guilt.  The hearing on penalty was heard on Friday, 6 December 2019, the decision was reserved. On 16 December 2019 the Panel gave the following orders:

(1) Appeal against severity of penalty allowed.

(2) In lieu of a penalty of disqualification for 4 years and 6 months, the Appellant’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 the Appellant may reapply for his licence.

(3) The appeal deposit has already been forfeited.

Jackson Morris
Licensed jockey Jackson Morris has 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 is before the Panel. This Appeal is set for Thursday, 9 January 2020, commencing at 9.30am at the offices of Racing NSW.

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.  An application by Mr Thompson for a Stay of Proceedings, which was opposed by stewards, was declined by the Panel. This Appeal is set for Friday, 10 January 2020 commencing at 9.30am at the offices of 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. 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 is set for Friday, 10 January 2020 commencing not before 1pm at the offices of 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.  An application by Mr Allard for a Stay of Proceedings, which was not opposed by Stewards, was granted by the Panel. This Appeal is set for Tuesday, 21 January 2020 commencing at 9.30am at the offices of Racing NSW.

Daniel Riley
Registered Owner Daniel Riley has lodged an appeal against the 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 Panel (Mr Riley was invited to make further submissions if he desired to). This Appeal is set for Thursday, 16 January 2020 commencing at 9.30am at the offices of Racing NSW.

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. A date is yet to be set.

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 into the analyst's 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.

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 an Australian Turf Club (ATC) Mounted Security Division Co-ordinator. On 26 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 Wednesday, 23 May 2018 at the offices of Racing NSW.  These dates were vacated due to the unavailability of a 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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