Berry wins appeal over three week suspension

Tommy Berry has won his appeal to the Racing NSW Appeal panel over his three week suspension from Warwick Farm on February 12th. 

Berry, on Kentucty Wildcat in the Frosted @ Darley Handicap 1100m, finished third, a nose behind Perfect Pitch. The Racing NSW stewards panel chaired by chairman of stewards Marc van Gestal found Berry guilty of a charge under AR131(b) of having failed to ride the mare out to the finish of the race. 

Berry's licence to ride in races was suspended for a period to commence on Monday 17 February 2020 and to expire on Tuesday 3 March 2020. In assessing the penalty the stewards took into account that Berry's actions had compromised the finishing position of Kentucky Wildcat; his poor record, this being his fifth offence in the preceding 12 months; and his not guilty plea.

The meetings Berry would have missed included this Saturday's Hobartville Stakes meeting at Rosehill and the Chipping Norton Stakes meeting at Randwick on March 29th.

Tommy Berry, picture

In other news Nash Rawiller failed in his appeal over his suspension from the same meeting and he will now resume on March 1st.

Trainer Grant Allard has lost his appeal for failing to disclose the full benefit he received for the sale of I Am Moses to Hong Kong interests in May, 2018.

Allard lodged an appeal against the conviction and penalty of the four months disqualification and $5000 fine after being found guilty by the stewards under AR48, after failing to disclose the full benefit he received for the sale of I Am Moses to Hong Kong interests in May 2018 and failing to disclose a contingency to be paid subject to the horse winning a Class 1, 2 or 3 race in Hong Kong.

An application by Mr Allard for a Stay of Proceedings, which was not opposed by stewards, was granted by the Panel.

This Appeal was part-heard on Thursday 28 November 2019, adjourned, then resumed on Tuesday 21 January 2020 commencing at 9.30 am at the offices of Racing NSW. At the conclusion of the Appeal, the Panel reserved its decision.

On 19 February 2020, the Panel published its Reasons For Decision and made the following orders:

Appeal against finding of breach of AR48(2) dismissed
Finding of breach of AR48(2) confirmed
Appeal against the severity of the penalty is dismissed.
The penalty of 4 months disqualification and the fine of $5000 is confirmed. The disqualification is to commence 10 days from the date of these reasons or such later date as the Stewards may agree to.
Appeal deposit is forfeited.