Non Raceday Inquiry – RIU v MG Moka – Decision

hearingid: 78fa338145b4cb1efcad312ab1070975

informantnumber: A2209

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 04/07/2012

hearing_title: Non Raceday Inquiry - RIU v MG Moka - Decision

charge:

facts:

appealdecision: NO LINKED APPEAL DECISION

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RIU v MOANA GRACE MOKA

JUDICIAL COMMITTEE DECISION

INFORMANT: Mr B Oliver - Racecourse Investigator

DEFENDANT: Ms MG Moka - Unlicensed Track Work Rider

INFORMATION: A2209

DATE: 17th May 2012

VENUE: Cambridge Raceway, Cambridge

RULE NO: 656(2) and 803

JUDICIAL COMMITTEE: BJ Scott (Chairman), AL Godsalve (Committee Member)

PLEA: Admitted

DATE OF ORAL DECISION: 17th May 2012

Charges:

Mr Oliver produced a letter dated the 1st of May 2012 from the Operations Manager of the Racing Integrity Unit authorising the charge to be brought against Ms Moka.

Ms Moka was charged that on the 23rd day of April 2012, at the Cambridge Jockey Club, Cambridge, being a rider having been requested by a Stipendiary Steward to supply a sample of her urine, did fail to comply with such a request and thereby committed a breach of Rule 656(2) and that she was thereby liable to the penalty or penalties which may have been imposed on her pursuant to Rule 803 of the said Rules.

Rule 656(2) provides:

“A Stipendiary Steward or Investigator may require a rider to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) at a time and place nominated by the Stipendiary Steward or Investigator. If so, such a rider must comply with such a requirement. Any rider acting in contravention of this Rule shall be reporte4d to NZTR by the Stipendiary Steward or Investigator dealing with the breach and NZTR shall consider whether, in addition to any penalty which may be imposed by the Judicial Committee, such persons License should be cancelled under Rule 322(1) of these Rules”.

Penalty Rule 803 provides:

“disqualification not exceeding 12 months; and or

suspension from holding or obtaining a license for a period not exceeding 12 months; and or

a fine not exceeding $20,000.00.”.

Ms Moka was present and the Rules were read to her and she acknowledged that she understood them.

Summary of Facts:

1.1 On Monday the 23rd of April 2012, Officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club Training Centre in Cambridge.

1.2. The Defendant, Moana Grace Moka was one of the people randomly selected for testing and was served the appropriate notice at 7.35am by a Stipendiary Steward. Ms Moka was informed to present herself at the Drug Testing Station at the Cambridge Training facility before 9.30am.

1.3. Ms Moka’s employer approached the Investigator in charge of the Testing to say that Ms Moka would not be able to attend until 9.45am as she was returning a horse she had ridden to the stable. This was agreed to.

1.4. By 10.35am there had been no appearance by Ms Moka. Her employer was contacted and advised that she had released Ms Moka to attend the drug testing as agreed. The Investigator and the employer attempted to contact Ms Moka without success.

1.5. The Authorised Person left the training facility at 11.00am and 10 minutes later Ms Moka arrived with her employer. She was interviewed and said that the reason that she didn’t come to the Drug Testing facility was because she knew that she wouldn’t pass. She acknowledged that she had been served with the Drug Test Notification Form and was aware that she had to complete the test. She said that she had let her employer and herself down.

1.6. Ms Moka had been in the industry for five years and she wants to continue her employment. She said that she smokes a few joints a week. When questioned about being unlicensed she said that she thought a previous employer had made her application for a license and paid the fee. Enquiries established that this was never the case and that she had only worked for that trainer for four days.

1.7. Ms Moka was advised that from that time on she was unable to work for a trainer or ride work. The Cambridge Jockey Club and her employer were also advised.

1.8. Ms Moka is 21 years of age. She lives with her partner in Cambridge and has been in the Racing Industry for five years. She has been riding track work for various Cambridge Trainers in that time. She was last licensed in 2010.

1.9. Ms Moka said that she had panicked on the day because she had smoked marijuana socially. She believed that she would have tested positive and as a result she panicked.

1.10. She also told the Committee about the fact that she did not have a Track Work Riders License. She said that she had filled in the papers and had given them to her employer and assumed that they had been sent to NZ Thoroughbred Racing. She had not followed up because shortly thereafter had left the employment of that Trainer.

1.11. She repeated that she was disappointed with herself because she knew what was going to happen and in fact she did return with her employer for the drug test but by that stage the drug testing nurse had left the premises.

Informant's Penalty Submissions:

2.1. NZ Thoroughbred Racing has been drug testing industry participants since 1995 and since that time there has been a growing awareness that there is an absolute obligation on those riding horses to present themselves free of the influences of any drug.

2.2. All riders are aware of the policy and the consequences should they not comply. The testing is conducted for two reasons, the need to maintain a healthy and safe workplace and secondly to maintain the Integrity of the Industry.

2.3. Historical penalties for breaches of the Industry drug laws show some divergence. The type of drug, the situation and the amount of the drug in the system add to this divergence.

2.4. On this occasion Ms Moka has blatantly and deliberately chosen not to attend the drug testing station after being requested to do so. Her reason for doing so was that she would have been positive to cannabis. We are unable to establish if that was the case or in fact she may have had other illegal substances in her sample.

2.5. Mr Oliver submitted that a period of 12 months suspension be imposed on Ms Moka.

Defendant's Submissions on Penalty:

3.1. Ms Moka apologised to the Committee and said that she was upset and really disappointed with herself. She said that she had panicked because she knew that she would test positive but she did say that she had returned with her employer and realised that she had to undergo the test. She now regrets not undergoing the test because it may well have not proved positive but if it did then she realises now that she might have been subject to a fine but the penalty for avoiding a drug test would be significantly greater.

3.2. Ms Moka told the Committee that there is “nothing I wouldn’t do to prove to you that it is not a habit”.

She said that horse racing was her life and that was all she knew.

Decision:

4.1. The charge has been admitted and is accordingly proven.

Reasons for Penalty:

5.1. This is a charge that has been admitted and as Ms Moka now realises she may well only be facing a fine if she had have undergone the test. Any person who avoids a drug test creates suspicion that he or she is using far more significant drugs.

5.2. We are mindful however that in all drug cases the Integrity of Racing is paramount. It is important that not only is this Integrity upheld by the decisions of Judicial Committees but also any penalty must be a deterrent for others in the Industry.
5.3. The Committee strongly pointed out to Ms Moka that the use of drugs when riding horses is a safety issue.

5.4. The simple fact is that if any participant in the Industry does not undergo a drug test when directed by Racing Officials to do so then this must be reflected in any penalty.
5.5. The Committee however takes note of the fact that Ms Moka returned with her employer to undergo the drug test. This could not happen because the drug testing nurse had left the premises but it was a positive sign on Ms Moka’s part. She has told us that she panicked on the day and we accept that but panicking cannot be used as an excuse for avoiding a drug test.

5.6. Ms Moka has appeared before us today, has admitted the charge and has expressed her remorse and disappointment with herself. That is very clear to us. Mr Oliver has told us that Ms Moka has been very cooperative and she has a good record.

5.7. Mr Oliver has submitted that a suspension of 12 months should be imposed on Ms Moka but in taking into account the mitigating factors set out above, we believe that this is not appropriate.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

6.1. In arriving at penalty, the Committee is conscious of the options available to us. Those options however are somewhat limited because we are told that Ms Moka does not hold a Riders License of any type.

6.2. We order that Ms Moka is suspended from holding or obtaining a Track Work Riders License or any Riding License for a period of seven months from today being the 17th day of May 2012.

6.3. The RIU has not asked for costs but the Committee orders Ms Moka to make a contribution of $200.00 to JCA costs.

BJ Scott                 AL Godsalve
Chairman              Committee Member

hearing_type: Non-race day

Rules: 656(2) and 803

Informant: Mr B Oliver - Racecourse Investigator

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent: Ms MG Moka - Unlicensed Trackwork Rider

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: