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Racing NSW Appeals Update (Wednesday 9 September 2020)

Before the Racing NSW Appeal Panel

Clint Lundholm
Licensed trainer Clint Lundholm lodged an appeal against penalty after being found guilty by Racing NSW Stewards under AR232(i), after providing false evidence at Rosehill Racecourse on Saturday, 30 May 2020. Following the Stewards inquiry, Clint Lundholm was disqualified for 4 months to commence on 9 July 2020 and to expire 9 November 2020. The appeal was heard on Friday, 7 August 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty dismissed.
  2. For the breach of AR 232(i), the penalty of a 4-month disqualification is confirmed. Applying AR 283(7) and (8), that disqualification commences on 14 August 2020 (but the appellant is not to start a horse in a race between now and 14 August), and expires on 14 December 2020, on which day the Appellant may reapply for his licence.
  3. Appeal deposit forfeited.

Luke Berger
Licensed trainer Luke Berger lodged an appeal against penalty after being found guilty by Racing NSW Stewards under AR245(1)(a) for administering a prohibited substance that was detected in a sample taken from Oh Why at Scone Racecourse on Friday, 15 May 2020. Following the Stewards inquiry, Luke Berger was fined $4,000. This appeal was heard on Friday, 14 August 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty allowed.
  2. Penalty of a fine in the amount of $4,000 set aside.
  3. In lieu of that penalty, a fine in the sum of $2,500 is imposed.
  4. Appeal deposit to be refunded.

Nash Rawiller
Licensed jockey Nash Rawiller lodged an appeal against penalty after being found guilty by Racing NSW Stewards under AR132(7)(a)(ii) breaching whip rules, after his ride on Desert Path in race 5 at Rosehill Racecourse on Saturday, 8 August 2020. Following the Stewards inquiry, Nash Rawiller was suspended for a period to commence on 9 August 2020 and to expire on 16 August 2020 on which day he may ride. This appeal was heard on Friday, 14 August 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty allowed.
  2. Penalty of a 1-week suspension set aside.
  3. In lieu of that penalty, (by majority) a penalty of a 3 meeting suspension is imposed. The suspension of the appellant's licence commenced on 9 August 2020 and expired on 14 August 2020 (on which day a separate suspension for careless riding commenced).
  4. Appeal deposit to be refunded.

Nash Rawiller
Licensed jockey Nash Rawiller lodged an appeal against penalty after being found guilty by Racing NSW Stewards under AR131(a) careless riding, after his ride on Eduardo in race 7 at Rosehill Racecourse on Saturday, 8 August 2020. Following the Stewards inquiry, Nash Rawiller was suspended for a period to commence on 16 August 2020 and to expire on 1 September 2020 on which day he may ride. This appeal was heard Friday 14 August 2020 and the Panel made the following orders:

  1. Appeal against breach of AR 131(a) dismissed.
  2. Finding of breach of AR 131(a) confirmed.
  3. Appeal against severity of penalty dismissed.
  4. Penalty of a suspension of 7 meetings confirmed. The suspension of the appellant’s licence to ride commences on 14 August, and expires on 30 August 2020, on which day he may ride.
  5. Appeal deposit forfeited.

Aaron Bullock
Licensed jockey Aaron Bullock lodged an appeal against charge and penalty after being found guilty by Racing NSW Stewards under AR131(a) careless riding, after his ride on Wild Fortune in Race 7 at Newcastle Jockey Club on Saturday, 8 August 2020. Following the Stewards inquiry, Aaron Bullock was suspended for a period to commence on 18 August 2020 and to expire on 30 August 2020. The appeal was heard on Friday, 14 August 2020 and the Panel made the following orders:

  1. Appeal against finding of breach under AR131(a) dismissed.
  2. Finding of breach under AR131(a) confirmed.
  3. Appeal against severity of penalty dismissed.
  4. Penalty of a 6-meeting suspension confirmed. Such penalty to commence on 18 August 2020, and to expire on 30 August 2020, on which day the appellant may ride.
  5. Appeal deposit forfeited.

Luke Price
Licensed trainer Luke Price lodged an appeal against charge and penalty after being found guilty by Racing NSW Stewards under AR228(b), after an incident occurred at Kembla Grange Racecourse on Saturday, 23 May 2020. Following the Stewards inquiry, Luke Price was fined $1,500. This Appeal was heard Monday, 17 August 2020 and the Panel made the following orders:

  1. Appeal against finding of breach of AR228(b) dismissed.
  2. Finding of breach of AR228(b) confirmed.
  3. Appeal against severity of penalty withdrawn by leave.
  4. Penalty of a fine in the sum of $1,500 confirmed.
  5. Appeal deposit forfeited.

Madison Waters
Licensed apprentice jockey Madison Waters lodged an appeal against penalty after being found guilty by Racing NSW Stewards under AR228(b), after an incident occurred at Kembla Grange Racecourse on Thursday, 21 May 2020. Following the Stewards inquiry, Madison Waters was suspended for a period of 2 months commencing on 24 August 2020 and to expire on 24 October 2020. This appeal was heard on Monday, 17 August 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty allowed.
  2. Penalty of a full suspension of the appellant’s license to ride for two months set aside.
  3. In lieu of that penalty, the appellant’s licence is suspended for two months, but only the first two weeks of that period is a full suspension, with the balance of that period being a suspension of her licence to ride in races only. The full suspension commences on 24 August 2020 and expires on 7 September 2020. That part of the suspension relating to riding in races only commences on 8 September 2020, and expires on 24 October 2020, on which day the appellant may ride.
  4. Appeal deposit to be refunded.

Laura McCullum
Licensed trainer Laura McCullum lodged an appeal against penalty after pleading guilty to a charge under AR232(i) issued by Southern Districts Stewards, after providing false evidence in respect to breaching Racing NSW COVID-19 policy Monday, 22 June 2020. Following the Stewards inquiry, Laura McCullum was disqualified for a period of 4 months to commence on 24 July 2020 and to expire on 24 November 2020. The Appeal was heard on Thursday, 20 August 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty dismissed.
  2. For the breach of AR232(i), the penalty of a 4-month disqualification is confirmed. Applying AR283(7) and (8), that disqualification commences on 27 August 2020 (but the appellant is not to start a horse between 20 August and 27 August), and expires on 27 December 2020, on which day the Appellant may reapply for her licence.
  3. Appeal deposit forfeited.

Tom Sherry
Licensed jockey Tom Sherry lodged an appeal against conviction and penalty after being found guilty under Racing NSW Stewards under AR129(2) for failing to take all reasonable and permissible measure on Al Snip at Wyong Racecourse on Friday, 31 July 2020. Following the Stewards inquiry, Tom Sherry’s permit to ride in races was suspended for a period of 4 weeks commencing Monday 31 August 2020 and to expire on Monday 28 September 2020. The appeal was heard on Friday, 28 August 2020 and the Panel made the following orders:

  1. Appeal against guilt dismissed
  2. Finding of breach of AR 129(2) confirmed.
  3. Appeal against severity of penalty allowed.
  4. In lieu of a 4-week suspension, the appellant’s permit to ride in races is suspended (by majority) for 3-weeks. Such penalty commences on 31 August 2020, and expires on 21 September 2020, on which day the appellant may ride.
  5. Appeal deposit forfeited.

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 decision is reserved.

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, Sharon 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 the decision is reserved.

Mark Pepper
Licensed stablehand 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 decision is reserved.

Gary Portelli
Licensed trainer Gary Portelli lodged an appeal against penalty after being found guilty by Racing NSW Stewards under AR240(2), after an incident occurred at Kembla Grange Racecourse on Tuesday 19 May 2020. Following the Stewards inquiry, Gary Portelli was fined $3,000. The Appeal was conducted on Friday, 4 September 2020 and the Panel made the following orders:

  1. Appeal against severity of penalty allowed.
  2. Fine of $3000 set aside.
  3. Appeal deposit refunded.

Robbie Dolan
Licensed jockey Robbie Dolan lodged an appeal against penalty after being found guilty under Racing NSW Stewards under AR131(a), after his ride on Without Conviction in Race 6 at Gosford Racecourse on Friday, 28 August 2020. Following the Stewards inquiry, Robbie Dolan was suspended from a period commencing Friday, 6 September 2020 and to expire on Friday, 18 September 2020. The appeal was conducted on Friday, 4 September 2020 and the Panel made the following orders:

  1. Finding of breach of AR131(a) confirmed.
  2. Appeal in relation of severity of penalty allowed.
  3. In lieu of a 5-meeting suspension, the appellant’s licence to ride in races is suspended for 4 meetings. Such suspension commences on Sunday 6 September, and expires on Thursday 17 September, on which day he may ride.
  4. 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 is set to be heard on Monday 21 and Tuesday 22 September 2020.

Blake Paine
Licensed stablehand 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 is set to be heard on Monday 21 and Tuesday 22 September 2020.

Dean Boal
Licensed trainer Dean Boal has 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 is set to be heard on Thursday, 24 September 2020.

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