Licensed trainer Darren Graham lodged an appeal against conviction and penalty after being found guilty by Racing NSW Stewards under AR175(q) and AR175(x). Mr Graham was suspended for a total of 4 months commencing 6th October 2017 and to expire on 6th February 2018.
On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by the Stewards is stayed until further order of the Panel. This Appeal was heard on Friday, 1st December 2017 at the offices of Racing NSW.
At the conclusion of the hearing, the Panel reserved its decision pending the parties lodging written submissions.
On 22 February 2018 the panel gave the following orders:
1. The appeal in relation to charges 1, 3 and 4 be dismissed and the conviction by the Stewards of 5 October 2017 is confirmed.
2. The appeal in relation to charge 2 is allowed, the decision of the Stewards is set aside and the charge is dismissed.
3. Directions are to be made for the hearing of the appeal on severity of penalty in relation to charges 1,3 and 4.
Mr Darren Graham – decision on penalty
In accordance with order 3 above, submissions were made by the parties. On 1 March 2018 the appeals Panel gave the following decision:
The Panel notes that following their decision of 22 February 2018 dismissing the appeal or Mr Darren Graham in relation to charges 1,3 and 4 and confirming the conviction by the Stewards of 5 October 2017, Mr Graham withdrew his appeal against the severity of the penalty in relation to those charges. As a consequence the Panel makes the following orders:
1. In relation to Charge 3, the penalty of a $500 fine is confirmed.
2. In relation to Charge 1 and Charge 4, the 4 month suspension of Mr Graham’s trainer's licence is confirmed.
3. In accordance with the provisions of AR196(6)(a) the commencement of the penalty is deferred to commence on Wednesday 7 March 2018 and to expire on Saturday 7 July 2018 on which day Mr Graham may resume training.
4. The appeal deposit is forfeited.
- Racing NSW Appeal Panel - 1 March 2018