Mr Dennis Mitchell lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR175(o) and AR175A on 6 June 2017 when employed as Australian Turf Club (ATC) General Manager, Security, Risks and Investigations.
On 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 LR106(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
Click here for Reasons for Decision