Racing NSW has been accused of a lack of empathy after it appealed the reduction of a disqualification to Dubbo trainer Garry Lunn from nine months to two months.
The Racing NSW Appeals Panel reduced the penalty for an expletive-laden rant by Lunn during a stable inspection by steward Xavier Dalton in October.
Lunn was found guilty under Australian Racing Rule 228(c) – Conduct detrimental to the interests of racing; and AR232(c)(ii) – Failure to observe processes and directions of PRAs or Stewards.
However, on appeal, the penalty was reduced with Racing NSW publishing the result but not the reasons because of significant personal reasons surrounding Lunn’s life.
“The appeal was allowed in part. The original nine-month period of disqualification was set aside and replaced with a two-month disqualification, imposed in light of special circumstances, with both charges to be served concurrently,” the statement on Racing NSW website said.
However on Tuesday, Racing NSW lodged an appeal with the NSW Racing Appeals Tribunal in relation to the penalty.
Betsy has seen the eight-page reasons of the NSW Appeal Panel, which called Lunn’s verbal insults and hindrance to Dalton at the low end of the spectrum.
Lunn’s lawyer, Wayne Pasterfield, was flabbergasted by the appeal, noting his client had been in the industry for more than 50 years as a jockey and now trainer.
“I’m not sure who made the decision to appeal in such a petty case, but whoever it was doesn’t know the meaning of compassion,” Pasterfield said.
Making the case more interesting, Racing NSW had introduced a local law to make it a mandatory six-month disqualification for improper conduct under AR228(c), except in cases of duress.
Improper conduct charges have in the past been dealt with by as little as a fine in some cases, and the mandatory sentence appears to be a complete overreach.
In Lunn’s case, the Appeal Panel accepted he was under duress because of a family situation, which was why the reasons weren’t published, and reduced the penalty.
