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Before the Racing NSW Appeal Panel

Dennis Mitchell Mr Dennis Mitchell lodged an appeal against conviction and penalty after being found guilty by the stewards under AR 175(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 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 LR 106(2)(c) to allow the appeal out of time due to exceptional circumstances. This appeal was heard on Friday, 11 August 2017 at 9.30am at the office of Racing NSW.

This appeal was part heard on Friday, 11 August 2017 at the office of Racing NSW. The Panel have adjourned the appeal to consider submissions made today by both parties on jurisdiction.

The panel gave the following summary: 1. In the appeal of Dennis Mitchell, the appellant was represented today by Mr Andrew Byrne of Counsel, instructed by Ms Conner of Laxon Lex Lawyers. The Stewards were represented by Mr Marc Van Gestel, the Chairman of Stewards. 2. The Panel heard submissions from both parties as to whether the Stewards had jurisdiction to inquire into certain conduct of Mr D Mitchell which forms the basis of the three charges laid against him, and to find him guilty of those charges and subsequently penalize him. 3. At the conclusion of those submissions, the parties agree the Panel, rather than today hearing the merits of the charges, should first deliver reasons on jurisdiction. Pending this outcome, the extent of the hearing of the charges may be more confined than they currently are. 4. The Panel agrees with this course, and has reserved its decision on jurisdiction.

On Tuesday, 22 August 2017 the panel handed down its decision on Jurisdiction and gave the following Reasons for Decision

This appeal has been relisted for Thursday, 5 October 2017 commencing at 9.30am at the office of Racing NSW.

Jake Pracey-Holmes Licensed Jockey Jake Pracey-Holmes has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after his ride on Valorhesse in Race 7 (Class 2 Handicap 1050m) at Leeton Jockey Club on Tuesday, 22 August 2017. On this date Mr Pracey-Holmes was suspended for a period commencing on Wednesday, 30 August 2017 and to expire on Monday, 11 August 2017 on which day he may resume riding. This appeal has been set for Wednesday, 30 August 2017 commencing at 9.30am at the office of Racing NSW.

Serhiy Lisnyy Licensed Jockey Serhiy Lisnyy has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR137(a) after his ride on Oakfield Time in Race 5 (Class 1 Handicap 1000m) at Muswellbrook Race Club on Tuesday, 22 August 2017. On this date Mr Lisnyy was suspended for a period commencing on Friday, 1 September 2017 and to expire on Saturday, 9 September 2017 on which day he may resume riding. This appeal has been set for Wednesday, 30 August 2017 commencing at 11.00am at the office of Racing NSW ( following Pracey-Holmes).

Daniel Want Licensed Trainer Daniel Want has lodged an appeal against conviction and penalty after being found guilty by the stewards under AR178D. On 15 May 2017, Mr Want was disqualified for 15 months, thus allowing him to reapply for his trainers licence on 15 August 2018. This followed the detection of a prohibit substance in a post-race urine sample taken from Too Can Dance after winning The Maiden Plate 1700m at Grafton on 13 February 2017. 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. This appeal has been set for Monday, 4 September 2017 at 9.30am at the office of Racing NSW.

Paul Murray Licensed Trainer Paul Murray has lodged an appeal against conviction and penalty after being found guilty by the Stewards under AR 175(h)(i), AR 175(h)(ii), AR 178, AR 80E(1) and AR 177B(5). Mr Murray was disqualified for a total of 3 ½ years, thus allowing Mr Murray to reapply for his trainers 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

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.

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.