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Licensed trainer Andrew Sawden of Ballina lodged an appeal against the conviction and penalty of four months disqualification and a $1250 fine after being found guilty by Racing NSW Stewards of two charges under AR228(c) after an incident that occurred at Ballina Racecourse on Tuesday, 14 January 2020 and a second incident that occurred at Ballina Jockey Club on Monday, 10 February 2020.

Mr Sawden was disqualified for a period to commence on Tuesday, 18 February 2020 and expire on Thursday, 18 June 2020 and a previously suspended fine of $1,250 was imposed.

An application by Mr Sawden for a Stay of Proceedings, which was opposed by Stewards, was declined by the Panel. This Appeal was heard on Wednesday, 11 March 2020 at the offices of Racing NSW.

The appeal commenced at 9:30am with Stewards' submissions. At the conclusion of the Stewards' submissions on the evidence, the Panel adjourned.

Upon resuming, the Convenor Tim Hale SC informed Mr O’Sullivan, solicitor for the appellant, that the Panel was contemplating the possibility of imposing a more severe penalty than that imposed by the Stewards, but emphasised that the Panel had reached no concluded view and had not yet heard submissions on behalf of Mr Sawden.

Mr O’Sullivan then sought leave to withdraw the appeal, which was not opposed by Mr Van Gestel (representing the Stewards).

The Panel made the following orders:

1. Leave to withdraw the appeal is granted.
2. Appeal deposit forfeited.

Mr Sawden is disqualified for a period that commenced on Tuesday, 18 February 2020 and expires on Thursday, 18 June 2020, plus a $1250 fine.