Non Raceday Inquiry – NZTR v PT Holmes – 28 December 2010 – Decision
ID: JCA11438
Decision:
Mr Holmes appeared before the Committee to answer a charge filed against him by Racecourse Inspector Mr B F McKenzie. This charge comes pursuant to rule 656 (3) of the NZ rules of racing being lodged by Mr McKenzie, Racecourse Inspector.
The charge read as follows:
That on the 2nd day of December 2010, at the Matamata Racecourse at the race meeting conducted by Racing Matamata, being a rider who, having been requested by an Investigator to supply a sample of his urine, which was found upon analysis, to contain the diuretic Frusemide, committed a breach of Rule 656 (3) of the New Zealand Rules of Racing and that you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 803 (1) of the said Rules.
Mr Holmes admitted the charge and acknowledged that he had received a copy of Rule 656 (3) which he understood.
SUMMARY OF FACTS
1. On the 2 December 2010, random drug testing was carried out on a number of riders who rode at Matamata Races on that day.
2. Licensed Class A rider Patrick Thomas Holmes was one of those tested. His urine sample was obtained without any problems.
3. His sample along with all others was analysed by the ESR. By certificate dated the 14 December 2010, the ESR advised that the sample name of Patrick Holmes was negative to amphetamines, cannabinoids, cocaine and opiates.
4. The ESR further advised the sample was positive to Frusemide after being analysed specifically for diuretics.
5. Frusemide is a diuretic within the meaning of the Rules of Racing.
6. Patrick Holmes was spoken to about the matter on 18th December 2010. He was advised of the positive finding. He frankly acknowledged the use of Frusemide. He stated these pills had been prescribed for him some time prior to the use of them being made illegal under the Rules of Racing.
7. He said that on the days leading up to the Matamata meeting, he had experienced problems with a local spa and sauna facility at Pukekohe that he used for weight loss, having malfunctioned and therefore he was unable to use it as he normally did to assist him with his weight reduction.
8. In desperation, and wanting to avoid a fine for being overweight at the races, he took the Frusemide pill which he knew to be a diuretic.
9. Patrick Holmes is a single man aged 23 years. He has been registered/licensed with NZTR since 2002. He comes from a racing family background.
10. He has never appeared before a JCA hearing on any matter related to drugs or diuretics.
Mr Holmes confirmed the summary of facts were true and correct and had no further submissions.
SUBMISSIONS ON PENALTY BY MR B MCKENZIE
Mr McKenzie produced to the committee previous breaches of this rule. Mr T was fined $1000; Mr S was fined $750 and Mr C $1500. In the case of Mr S he was a hurdles rider with limited opportunities. Mr C had incurred a previous alcohol related charge. Mr McKenzie said in the case of Mr Holmes he had admitted the breach at the earliest opportunity and had been fully cooperative throughout. However he said that the rule was there in the interest of health and safety and submitted that the penalty in this case should be in the range of $1000 - $1500.
Mr Holmes told the committee the only reason he had taken the drug was because the sauna he always used for weight reduction had broken down. As he was fearful of being overweight at the upcoming race meeting he decided to take one Frusemide tablet. He asked for the penalty to be as low as possible.
Penalty:
The committee carefully considered the evidence and penalty submissions before imposing an appropriate penalty. It was explained to Mr Holmes that one of the reasons why Frusemide is a banned substance under the NZ Rules of Racing is because in a case of injury body fluids which have been lost through taking this drug would have to be replaced before an operation could take place. Apart from the health and safety issues the integrity of racing could be compromised by the taking of any banned substance. In considering the penalty itself there are some mitigating factors to take into account. These are Mr Holmes’ admission of the breach and his full cooperation with the officials. It is important to consider that this was his first charge under the rule 656 (3). Another mitigating factor is that Mr Holmes produced written evidence confirming the malfunction of the sauna which he normally uses for weight control. However Mr Holmes freely admitted he had knowingly taken the substance banned under the NZ Rules of racing. Taking all the above factors into account the committee imposes a fine of $1000.
R M Seabrook, Chairman G Tankard, Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 31/12/2010
Publish Date: 31/12/2010
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 2822d88eee30116bec1acf55f3dbcca6
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decisiondate: 31/12/2010
hearing_title: Non Raceday Inquiry - NZTR v PT Holmes - 28 December 2010 - Decision
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appealdecision: NO LINKED APPEAL DECISION
isappeal:
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reasonsfordecision:
Decision:
Mr Holmes appeared before the Committee to answer a charge filed against him by Racecourse Inspector Mr B F McKenzie. This charge comes pursuant to rule 656 (3) of the NZ rules of racing being lodged by Mr McKenzie, Racecourse Inspector.
The charge read as follows:
That on the 2nd day of December 2010, at the Matamata Racecourse at the race meeting conducted by Racing Matamata, being a rider who, having been requested by an Investigator to supply a sample of his urine, which was found upon analysis, to contain the diuretic Frusemide, committed a breach of Rule 656 (3) of the New Zealand Rules of Racing and that you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 803 (1) of the said Rules.
Mr Holmes admitted the charge and acknowledged that he had received a copy of Rule 656 (3) which he understood.
SUMMARY OF FACTS
1. On the 2 December 2010, random drug testing was carried out on a number of riders who rode at Matamata Races on that day.
2. Licensed Class A rider Patrick Thomas Holmes was one of those tested. His urine sample was obtained without any problems.
3. His sample along with all others was analysed by the ESR. By certificate dated the 14 December 2010, the ESR advised that the sample name of Patrick Holmes was negative to amphetamines, cannabinoids, cocaine and opiates.
4. The ESR further advised the sample was positive to Frusemide after being analysed specifically for diuretics.
5. Frusemide is a diuretic within the meaning of the Rules of Racing.
6. Patrick Holmes was spoken to about the matter on 18th December 2010. He was advised of the positive finding. He frankly acknowledged the use of Frusemide. He stated these pills had been prescribed for him some time prior to the use of them being made illegal under the Rules of Racing.
7. He said that on the days leading up to the Matamata meeting, he had experienced problems with a local spa and sauna facility at Pukekohe that he used for weight loss, having malfunctioned and therefore he was unable to use it as he normally did to assist him with his weight reduction.
8. In desperation, and wanting to avoid a fine for being overweight at the races, he took the Frusemide pill which he knew to be a diuretic.
9. Patrick Holmes is a single man aged 23 years. He has been registered/licensed with NZTR since 2002. He comes from a racing family background.
10. He has never appeared before a JCA hearing on any matter related to drugs or diuretics.
Mr Holmes confirmed the summary of facts were true and correct and had no further submissions.
SUBMISSIONS ON PENALTY BY MR B MCKENZIE
Mr McKenzie produced to the committee previous breaches of this rule. Mr T was fined $1000; Mr S was fined $750 and Mr C $1500. In the case of Mr S he was a hurdles rider with limited opportunities. Mr C had incurred a previous alcohol related charge. Mr McKenzie said in the case of Mr Holmes he had admitted the breach at the earliest opportunity and had been fully cooperative throughout. However he said that the rule was there in the interest of health and safety and submitted that the penalty in this case should be in the range of $1000 - $1500.
Mr Holmes told the committee the only reason he had taken the drug was because the sauna he always used for weight reduction had broken down. As he was fearful of being overweight at the upcoming race meeting he decided to take one Frusemide tablet. He asked for the penalty to be as low as possible.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
The committee carefully considered the evidence and penalty submissions before imposing an appropriate penalty. It was explained to Mr Holmes that one of the reasons why Frusemide is a banned substance under the NZ Rules of Racing is because in a case of injury body fluids which have been lost through taking this drug would have to be replaced before an operation could take place. Apart from the health and safety issues the integrity of racing could be compromised by the taking of any banned substance. In considering the penalty itself there are some mitigating factors to take into account. These are Mr Holmes’ admission of the breach and his full cooperation with the officials. It is important to consider that this was his first charge under the rule 656 (3). Another mitigating factor is that Mr Holmes produced written evidence confirming the malfunction of the sauna which he normally uses for weight control. However Mr Holmes freely admitted he had knowingly taken the substance banned under the NZ Rules of racing. Taking all the above factors into account the committee imposes a fine of $1000.
R M Seabrook, Chairman G Tankard, Committee Member
hearing_type: Non-race day
Rules: 656(3)
Informant: BF McKenzie
JockeysandTrainer:
Otherperson:
PersonPresent: BF McKenzie, PT Holmes, R Seabrook, Judicial Committee Chairman, G Tankard, Judical Committee Member
Respondent: PR Holmes - Licensed Class A Rider
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