Non Raceday Inquiry RIU v LD McGregor – 25 May 2012 Decision

hearingid: 239ebc1ba31379ce013ae5207b266cd0

informantnumber: A5503

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decisiondate: 24/05/2012

hearing_title: Non Raceday Inquiry RIU v LD McGregor - 25 May 2012 Decision

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON - RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr RD Scott – Racing Investigator
Defendant: Ms Lisa McGregor – Licensed Jockey
Information No: A5503
Date: 25th May 2012
Venue: Riccarton Park
Rule No: 656(3)
Judicial Committee: KG Hales, Chairman – J Millar, Committee Member
Plea: Not Admitted

Charges:
Alleged: That on Saturday 14th April 2012 at the Riccarton Racecourse, that Lisa Delwyn McGregor, being a rider, who having been requested by a Racing Investigator to supply a sample of urine which was found upon analysis, to contain the diuretic drug Frusemide, committed a breach of Rule 656(3) of the New Zealand Rules of Racing AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 803(1) of the said Rules

Facts:
On Saturday 14th April 2012, Racing Investigator RD Scott, served a written notice on all Jockeys riding on that day that they were required under the Rules of Racing to provide a urine sample for analysis in order to detect the presence of any Controlled drug or illicit substance under the Misuse of Drugs Act 1975, or other illicit substances or diuretic and/or its metabolites.

Ms McGregor was served with the notice and duly complied with the requirement. She provided her sample to Mrs S Ruane, an enrolled nurse, being the person authorized to collect the sample. The bottle containing the sample was duly sealed and identified in accordance with the procedures.

The sample was duly analysed by the Institute of Environmental Science and Research (ESR), and was found upon analysis to contain the diuretic drug Frusemide.

Ms McGregor was advised of the results of the analysis on Tuesday 8th May 2012 and later served with a copy of the ESR report.

Ms McGregor told Mr Scott that she had not taken the drug Frusemide and could not account as to how the drug was in her urine sample.

Mr Scott advised that Ms McGregor was co-operative throughout the investigation.

Defence Submissions:

Ms McGregor told the hearing that she and her partner had recently been on holiday in Vietnam. Whilst there, she became extremely ill, suffering from vomiting and diarrhea. Her tour leader took her to a pharmacist, who gave her a drug to deal with her problem. However, Ms McGregor said that she did not know what she was taking, as the packet was written in Vietnamese. She said that she trusted her tour leader, and that the drug had the desired effect. She said that she continued to take the drug up until about two weeks before the taking of the urine sample.

Ms McGregor was supported at the hearing by her partner, Mr Shane Gregg, who gave evidence that Ms McGregor was very ill in Vietnam, and that neither he nor she questioned the nature of the drug that she was given. He said that Ms McGregor finished the course of the drug, up until nearly two weeks before 14th April 2012.

In response to a question from the Chairman, Ms McGregor said that she did not deny that Frusemide was in her system, and that she was not in a position to challenge the validity of the analysis carried out by the ESR.

Decision:
Charges of this nature are of strict liability. Either there was Frusemide in Ms McGregor’s urine sample or there was not. Ms McGregor could not, and did not attempt to challenge the validity of the ESR analysis.

We therefore find as fact that there was Frusemide in Ms McGregor’s urine sample. Having regard to that finding we find the charge proved.

Submissions on Penalty:
Mr Scott submitted that drug testing of riders is an important aspect of the NZ Thoroughbred Racing industry, in order to maintain the integrity of the industry and equally important to maintain health and safety standards in the workplace. He also said that the Board of the NZTR has an illicit drugs free policy in terms of all riders whether they be riding in races trials or in track work.

In addition to the integrity and workplace safety aspects, all riders and trainers have a responsibility to the owners of valuable horses to ensure that horses are not placed in danger by having a drug impaired rider on its back.

He said that Ms McGregor had been co-operative in the inquiry.

He submitted that a fine in the region of $500 to $750 would be appropriate, for a senior rider who offends for the first time, for using diuretics.

Mr Scott also asked for the costs of the ESR analysis of $150.00.

In response, Ms McGregor said that she had not taken the drug deliberately in order to gain a weight advantage, and that if there was Frusemide in the drugs that she took whilst in Vietnam, that the drugs were for therapeutic reasons only. She further said that her finances were quite tight at the present time, and that she had quite a large mortgage on her hotel business to service.

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penalty:

We note from the penalty data base, that fines ranging from $450.00 to $1,500.00 have been imposed over the last couple of years for breaches of this rule involving Frusemide. However, we will give Ms McGregor the benefit of accepting her submission that she took a drug for genuine therapeutic reasons only. We accept that she did not know what she was taking and that she relied on the integrity of her tour leader that the drug she was given was appropriate for her condition at the time. We also have cognizance of her apparent restricted financial situation.

Thus, in all of the circumstances we take as a starting point, a fine of $450.00 but have regard to our finding that the presence of the drug was as a result of a drug taken for therapeutic reasons only, we are able to afford a discount of $50.00 on our starting point.

Therefore Ms McGregor is fined $400.00. She is also ordered to pay the ESR fee of $150.00.

hearing_type: Non-race day

Rules: 656(3)

Informant: Mr RD Scott - Racing Investigator

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Otherperson:

PersonPresent: Mr S Gregg - Supporting Ms McGregor

Respondent: Ms LD McGregor - Licensed Jockey

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