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Status Of Appeals (Tuesday 31 October)

Before the Racing NSW Appeal Panel

Rachael Murray
Licensed jockey Rachael Murray has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR137(a) after her ride on Luceo Non Uro in Race 6 (Country Music Cup January 25 Class 3 Handicap, 1000m) at Tamworth Jockey Club on Monday, 31 October 2017. On this date, Ms Murray was suspended for a period commencing Thursday 9th November to Sunday, 19th November 2017 on which day she may resume riding. A date for this appeal is yet to be set.

Dennis Mitchell
Dennis Mitchell has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR175(o) and AR175A on 6 June 2017 when employed as Australian Turf Club (ATC) General Manager, Security, Risks and Investigations. On the 16th June 2017, Mr Mitchell lodged the appeal outside the specified 2 days after the 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. The Panel has reserved its decision.

Hunter Kilner
Licensed trainer Hunter Kilner has lodged an appeal against conviction and penalty of a 3 month suspension imposed on him by the Stewards. Mr Kilner reserved his plea under AR178AB(1)(b) that at approximately 9am on the morning Tuesday, 11 July 2017, licensed trainer Mr Hunter Kilner did, without the permission of the Stewards, inject the racehorse Steve’s Surprise on two occasions, with such injections being within One Clear Day prior to 12.01am on Wednesday, 12 July 2017, on which day the gelding was engaged to run in the Ramornie Handicap 1200m at Grafton Racecourse. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel. A date for this appeal is yet to be set.

Darren Graham
Licensed trainer Darren Graham has lodged an appeal against penalty after being found guilty by the 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. A date for this appeal is yet to be set.

Michelle Steele
Ms 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 Australian Turf Club (ATC) Mounted Security Division Co-ordinator. On 26th October 2017, Ms Steele lodged an appeal outside the specified 2 days after decision by the Stewards. In the circumstances, the Panel will defer dealing with the application made by Ms Steele until the appeal on jurisdiction to the RAT concerning Mr Mitchell is finalised.

Paul Murray
Licensed trainer Paul Murray has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR175(h)(i), AR175(h)(ii), AR178, AR80E(1) and AR177B(5). Mr Murray was disqualified for a total of 3½ years, thus allowing Mr Murray to reapply for his trainer's licence on 8 September 2020. This followed the detection of a prohibited substance in a stored sample taken from Alma’s Fury after that horse was placed 2nd in the Doncaster Prelude on 13 April 2013 and the discovery of a bottle labelled “Concentrated Trace Mineral” at Mr Murray’s stables on 17 June 2014. On application of the Appellant, which was not opposed by the Stewards, the penalty imposed by Stewards is stayed until further order of the Panel.
Please note that the dates of 22 May 2017 to 24 May 2017 and if required a further two days 7,8 June 2017 scheduled for hearing this appeal have now been vacated pending the outcome of decision of the Victorian Court of Appeal in the matters of O’Brien and Mark Kavanagh in respect of related legal points. New dates will be notified as soon as they are settled.

Before the NSW Racing Appeals Tribunal

Dennis Mitchell
Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the decision on jurisdiction on 22 August 2017 from the Racing NSW Appeal Panel. A date for this Appeal is yet to be set.

Angelis Vasili
Racing NSW has lodged an appeal with the NSW Racing Appeals Tribunal against the leniency of penalty in the decision of the Racing NSW Appeal Panel. The Panel, when confirming a finding of guilt for a breach of AR175(a), imposed a fine of $10,000 on Registered Owner, Mr Angelis Vasili, in lieu of a penalty of 4 months disqualification. A date for this Appeal is yet to be set. An application by Mr Vasili to lodge his own appeal out of time was rejected by the Tribunal under clause 6(7) of the Racing Appeals Tribunal Regulation 2015. Mr Vasili has challenged the Tribunal’s decision to the Supreme Court. The parties have agreed and the Tribunal notes and adopts the position of both parties that the Tribunal take no further action in this appeal pending the resolution of the Supreme Court proceedings.

Samuel Kavanagh
Samuel Kavanagh has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of six (6) years and three (3) months and fine him $3000 for breaches of a number of Australian Rules of Racing.

Tom Brennan
Dr Tom Brennan has lodged an appeal to the NSW Racing Appeals Tribunal against the decision of the Racing NSW Appeal Panel to disqualify him for a total of four (4) years for breaches of a number of Australian Rules of Racing.

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. Please note that the dates of 30 May 2017 to 2 June 2017 scheduled for hearing the Kavanagh, T Brennan and A Matthews appeals have now been vacated pending the outcome of decision of the Victorian Court of Appeal in the matters of O’Brien and Mark Kavanagh in respect of related legal points. New dates will be notified as soon as they are settled.

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