Non Raceday Inquiry RIU v C Lammas – Decision dated 21 October 2020 – Chair, Mr M McKechnie
ID: JCA13757
Decision:
BEFORE A JUDICIAL COMMITTEE OF THE
JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
----IN THE MATTER--of the New Zealand Thoroughbred Rules of Racing
BETWEEN--THE RACING INTEGRITY UNIT (RIU)
INFORMANT
-
AND-CAMERON LAMMAS, Licenced Jockey
-DEFENDANT
-
Judicial Committee:--Mr Murray McKechnie, Chairman and Mr Noel McCutcheon
Present:---Mr Cameron Lammas
Mrs Tracey Lammas, representing Cameron Lammas
Mr Oscar Westerlund, representing the RIU
DECISION OF NON-RACEDAY JUDICIAL COMMITTEE
DATED THIS 21st DAY OF OCTOBER 2020
1.-INTRODUCTION
Mr Lammas is a licensed Class A rider under the NZ Rules of Thoroughbred Racing. He has been a licensed rider for some 20 years. He is aged 36 years.
1.1.-Mr Lammas has pleaded guilty to a charge under Rule 656(3) of NZ Thoroughbred Racing Rules. He tested positive for the drug methamphetamine which is a Class A controlled drug within the meaning of the Misuse of Drugs Act 1975.
1.2.-Mr Lammas indicated that he would plead guilty when served with the Information alleging the Breach of the Rules. That guilty plea was confirmed at a teleconference which took place on 9 October 2020. At that conference Mr Lammas was represented by his wife, Mrs Tracey Lammas.
2.-DISCUSSION AS TO PENALTY
2.1-The RIU proposes that there be a 12 month period of disqualification with a discount of three months for completing the Salvation Army Bridge programme. Mr Lammas has been stood down since 18 September. It follows that for more than a month he has not been riding.
2.2-In the penalty submissions filed for the RIU there is reference to a significant number of previous decisions. The Committee is familiar with all of those decisions and some of the members of this Committee were involved in those cases which are set out in the RIU submissions.
2.3-It is said that Mr Lammas must have been well aware that the use of methamphetamine is prohibited under the Rules of Racing. Further that riding on race day with the prohibited substance in his system may have placed other riders in jeopardy and perhaps also put in jeopardy animal welfare.
2.4-There are a number of mitigating circumstances. A number of these are acknowledged in the RIU submissions. We now set those out:
i.-Mr Lammas admitted the breach at the earliest opportunity.
ii.-That Mr Lammas has been fully co-operative throughout the process.
iii.-That he voluntarily stood himself down when he was made aware of the positive result of the test.
iv.-That Mr Lammas has enrolled in the Salvation Army rehabilitation programme. Today he told the Committee that he has attended a number of meetings already.
v.-That Mr Lammas has no previous relevant charges of any breach of the NZ Thoroughbred Racing Rules.
2.5.-There are other mitigating circumstances to which the Committee would draw attention. These are:
i.-There is no evidence that Mr Lammas on the day in question behaved in an erratic or improper manner.
ii.-It is plain from hearing Mr Lammas today that he has real remorse. He explained that since the onset of the Coronavirus pandemic he has been under significant stress.
3.-SUBMISSION BY MRS LAMMAS
3.1-As is made clear in the Minute following the teleconference on 9 October, Mrs Lammas is concerned that the publication of the name of the drug which was involved in this offending could compromise her circumstances with particular reference to her ongoing employment. She is involved in a significant managerial role in public health. Mrs Lammas prepared and made available to the Committee a letter setting out those concerns and the circumstances of her employment and of the family. She believes that there may be significant publication in the social media which could cause her problems in the future and prejudice the position of the family.
3.2-It is the Committee’s view that it would simply not be possible to make sense of this decision and why the penalty that will follow has been arrived at without naming the drug which is involved. It follows that there will be no suppression of the name of the drug involved in these proceedings. However, the Committee does want to make clear in this decision that nothing that has brought Mr Lammas before the Committee reflects in any way on the character or integrity of Mrs Lammas. That remains entirely intact. Her genuine concern for her family and for her husband is apparent from the letter to which reference has been made and from the oral submission which she made to the Committee today.
4.-PERIOD OF DISQUALIFICATION
4.1-The RIU seek a 12 month disqualification with a three month discount on completion of the Salvation Army programme. The RIU does not seek costs but does seek the cost of analysis of the sample being the sum of $187.50.
4.2 It is the Committee’s view that there are as set out above, very significant mitigating circumstances in this case; more than is often the position. Further, we are conscious that Mr Lammas has been stood down since 18 September, thus somewhat more than a month. In those circumstances the Committee has reached the view that the appropriate period of disqualification commencing today would be and is to be 10 months. The effect of that is that in fact the period for not riding will be 11 months. That 10 month period of disqualification is subject to the three month discount upon Mr Lammas satisfying the RIU that he has completed the Salvation Army programme.
4.3-There is the issue of a contribution to be made by Mr Lammas towards the costs incurred by the JCA in assembling and conducting this hearing today. The hearing has taken place before the commencement of racing at Matamata. Once of the members of today’s Non-Raceday Judicial Committee is acting as a Raceday Judicial official later in the day so would, in those circumstances, have been on course in any event. That leads to a discounting of the figure which might otherwise have been appropriate for a contribution towards the costs of the JCA. In the circumstances outlined Mr Lammas will make a contribution towards the costs of the JCA in the sum of $500.
DATED THIS 21st DAY OF OCTOBER 2020
MURRAY MCKECHNIE
Chairman
Signed pursuant to Rule 920(5)
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 23/10/2020
Publish Date: 23/10/2020
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.
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decisiondate: 23/10/2020
hearing_title: Non Raceday Inquiry RIU v C Lammas - Decision dated 21 October 2020 - Chair, Mr M McKechnie
charge:
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appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE OF THE
JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
----IN THE MATTER--of the New Zealand Thoroughbred Rules of Racing
BETWEEN--THE RACING INTEGRITY UNIT (RIU)
INFORMANT
-
AND-CAMERON LAMMAS, Licenced Jockey
-DEFENDANT
-
Judicial Committee:--Mr Murray McKechnie, Chairman and Mr Noel McCutcheon
Present:---Mr Cameron Lammas
Mrs Tracey Lammas, representing Cameron Lammas
Mr Oscar Westerlund, representing the RIU
DECISION OF NON-RACEDAY JUDICIAL COMMITTEE
DATED THIS 21st DAY OF OCTOBER 2020
1.-INTRODUCTION
Mr Lammas is a licensed Class A rider under the NZ Rules of Thoroughbred Racing. He has been a licensed rider for some 20 years. He is aged 36 years.
1.1.-Mr Lammas has pleaded guilty to a charge under Rule 656(3) of NZ Thoroughbred Racing Rules. He tested positive for the drug methamphetamine which is a Class A controlled drug within the meaning of the Misuse of Drugs Act 1975.
1.2.-Mr Lammas indicated that he would plead guilty when served with the Information alleging the Breach of the Rules. That guilty plea was confirmed at a teleconference which took place on 9 October 2020. At that conference Mr Lammas was represented by his wife, Mrs Tracey Lammas.
2.-DISCUSSION AS TO PENALTY
2.1-The RIU proposes that there be a 12 month period of disqualification with a discount of three months for completing the Salvation Army Bridge programme. Mr Lammas has been stood down since 18 September. It follows that for more than a month he has not been riding.
2.2-In the penalty submissions filed for the RIU there is reference to a significant number of previous decisions. The Committee is familiar with all of those decisions and some of the members of this Committee were involved in those cases which are set out in the RIU submissions.
2.3-It is said that Mr Lammas must have been well aware that the use of methamphetamine is prohibited under the Rules of Racing. Further that riding on race day with the prohibited substance in his system may have placed other riders in jeopardy and perhaps also put in jeopardy animal welfare.
2.4-There are a number of mitigating circumstances. A number of these are acknowledged in the RIU submissions. We now set those out:
i.-Mr Lammas admitted the breach at the earliest opportunity.
ii.-That Mr Lammas has been fully co-operative throughout the process.
iii.-That he voluntarily stood himself down when he was made aware of the positive result of the test.
iv.-That Mr Lammas has enrolled in the Salvation Army rehabilitation programme. Today he told the Committee that he has attended a number of meetings already.
v.-That Mr Lammas has no previous relevant charges of any breach of the NZ Thoroughbred Racing Rules.
2.5.-There are other mitigating circumstances to which the Committee would draw attention. These are:
i.-There is no evidence that Mr Lammas on the day in question behaved in an erratic or improper manner.
ii.-It is plain from hearing Mr Lammas today that he has real remorse. He explained that since the onset of the Coronavirus pandemic he has been under significant stress.
3.-SUBMISSION BY MRS LAMMAS
3.1-As is made clear in the Minute following the teleconference on 9 October, Mrs Lammas is concerned that the publication of the name of the drug which was involved in this offending could compromise her circumstances with particular reference to her ongoing employment. She is involved in a significant managerial role in public health. Mrs Lammas prepared and made available to the Committee a letter setting out those concerns and the circumstances of her employment and of the family. She believes that there may be significant publication in the social media which could cause her problems in the future and prejudice the position of the family.
3.2-It is the Committee’s view that it would simply not be possible to make sense of this decision and why the penalty that will follow has been arrived at without naming the drug which is involved. It follows that there will be no suppression of the name of the drug involved in these proceedings. However, the Committee does want to make clear in this decision that nothing that has brought Mr Lammas before the Committee reflects in any way on the character or integrity of Mrs Lammas. That remains entirely intact. Her genuine concern for her family and for her husband is apparent from the letter to which reference has been made and from the oral submission which she made to the Committee today.
4.-PERIOD OF DISQUALIFICATION
4.1-The RIU seek a 12 month disqualification with a three month discount on completion of the Salvation Army programme. The RIU does not seek costs but does seek the cost of analysis of the sample being the sum of $187.50.
4.2 It is the Committee’s view that there are as set out above, very significant mitigating circumstances in this case; more than is often the position. Further, we are conscious that Mr Lammas has been stood down since 18 September, thus somewhat more than a month. In those circumstances the Committee has reached the view that the appropriate period of disqualification commencing today would be and is to be 10 months. The effect of that is that in fact the period for not riding will be 11 months. That 10 month period of disqualification is subject to the three month discount upon Mr Lammas satisfying the RIU that he has completed the Salvation Army programme.
4.3-There is the issue of a contribution to be made by Mr Lammas towards the costs incurred by the JCA in assembling and conducting this hearing today. The hearing has taken place before the commencement of racing at Matamata. Once of the members of today’s Non-Raceday Judicial Committee is acting as a Raceday Judicial official later in the day so would, in those circumstances, have been on course in any event. That leads to a discounting of the figure which might otherwise have been appropriate for a contribution towards the costs of the JCA. In the circumstances outlined Mr Lammas will make a contribution towards the costs of the JCA in the sum of $500.
DATED THIS 21st DAY OF OCTOBER 2020
MURRAY MCKECHNIE
Chairman
Signed pursuant to Rule 920(5)
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