Non Raceday Inquiry RIU v D Daniels – Decision dated 28 December 2015 – Chair, Mr A Dooley
ID: JCA15023
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CAMBRIDGE
IN THE MATTER of New Zealand Rules of Racing
BETWEEN Mr A Cruickshank– Racing Investigator (RIU)
Informant
AND Mr D Daniels – Licensed Track Rider
Respondent
Date of Hearing: 24 December 2015
Information No: A7129
Venue: Cambridge Raceway
Judicial Committee: Mr A Dooley, Chairman – Mr A Godsalve, Committee Member
Present: Mr D Daniels – Licensed Track Rider
Registrar: Mr B Jones – Stipendiary Steward
Plea: Admitted
Date of Decision: 28 December 2015
Charge
The Informant Mr A Cruickshank, Racing Investigator, alleged that Mr D Daniels, Licensed Track Rider breached Rule 656(4).
The particulars of the charge are: That on the 30th day of November 2015, at the Cambridge Jockey Club in Cambridge, having been required by an Investigator to supply a sample in accordance with Rule 656(4) of the New Zealand Rules of Racing, had breath, upon analysis, containing alcohol at a level of 0396 micrograms of alcohol per litre of breath and thereby committed a breach of the said Rule 656(4) and is therefore liable to the penalty or penalties which may be imposed pursuant to Rule 803 of the said Rules.
Mr Daniels acknowledged that he understood the nature of the charge, and the Rule and admitted the breach. Mr Daniels acknowledged that all the relevant documents from the RIU had been disclosed to him.
Mr Daniels said he accepted the contents of the documents and consented to them being admitted as evidence.
The proposed procedure for the hearing was explained to Mr Daniels and he had no concerns or objections.
Mr Cruickshank produced a letter dated 2nd of December from Mr M Godber, Operations Manager for the Racing Integrity Unit, authorising the filing of the Information pursuant to Rule 903 (2) (d).
Rule 656(4) states:
A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises must not have a breath alcohol level greater than 100 micrograms of alcohol per litre of breath.
Rule 803 states:
(1) A person who commits, or is deemed to have committed a breach of these Rules for which a penalty is not provided elsewhere in these Rules shall be liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a License for a period not exceeding 12 months. If a License is renewed during a term of suspension, then the suspension shall continue to apply to the renewed License; and or
(c) a fine not exceeding $20,000.
Summary of Facts by the Informant
On Monday 30th November 2015, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club in Cambridge.
Deryl Daniels was one of the people randomly selected for testing and was served the appropriate notice at 6.48am by an Investigator.
Mr Daniels provided the required first sample at 9.29am. He then provided a further sample at 9.44am and his breath was found to contain a breath alcohol level of 0396 micrograms of alcohol per litre of breath.
Mr Daniels was immediately served with a Stand Down Notice under Rule 657(1)(a) which prohibits him from riding at a Training Facility or Track until the Judicial Control Authority issued a substantive decision.
When spoken to Mr Daniels stated that he had been to a party and barbeque the previous evening where had had consumed 10 or 11 cans of beer. He did not believe that the alcohol consumed would result in such a high level of alcohol in his breath.
Deryl Daniels is a licensed track rider currently employed by Class A Trainer, Stephen Marsh. He derives his income solely from the racing industry.
Mr Daniels arrived in New Zealand on the 16th November 2015 and was licensed on the 27th November 2015.
Enquiries with the National Horse Racing Authority of South Africa indicate that Mr Daniels has at least 3 previous alcohol related offences over the last 11 years whilst riding in South Africa.
Mr Daniels advised that he had ridden in a number of countries around the world.
Mr Daniels is extremely disappointed and embarrassed with what has happened he stated that he prides himself on his professional approach to riding and that he had let himself down badly. He wished to apologise to New Zealand Racing for what had occurred and stated that it would not happen again.
Submissions by the Respondent
Mr Daniels submitted that he had nothing further to add.
Decision
As Mr Daniels admitted the breach we find the charge proved.
Submissions on Penalty by Informant
The respondent Deryl Daniels is a licensed Track Rider currently employed by Stephen Marsh. He has been involved in the racing industry, in various parts of the world for all of his adult life. He is 38 years of age with a date of birth of 28 April 1977.
He has admitted a breach of the rules in relation to the excess breath alcohol test undertaken on 30th November 2015 at the Cambridge Jockey Club in Cambridge.
New Zealand Thoroughbred Racing has been alcohol testing industry participants since 2008 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 alcohol.
All riders should be 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.
On this occasion Mr Daniels has presented himself at the Cambridge Jockey Club to ride track work while his breath alcohol level was at 0396 micrograms of alcohol per litre of breath.
He had ridden 7 horses prior to the test being undertaken.
The breath alcohol limit for all riders is 100 micrograms of alcohol per litre of breath.
The RIU considers this level to be particularly high when riding horses at speed. It is noted that the comparable drink driving limit has recently been reduced to 0250 micrograms of alcohol per litre of breath for drivers over 20 years of age.
It is submitted that a suspension of 1 month and a fine of $1000 should be imposed.'
In support of this the RIU refer to the only known cases of a breach of this rule
R.I.U v B.R. JONES (12.07.08) In this case the rider held a Class A Rider Licence and provided a breath sample greater than 100 micrograms of alcohol per litre of breath. The rider attended and was scheduled to ride at a race meeting. He was suspended for 1 month and had a fine of $1000 imposed.
R.I.U v V.A. COLGAN (12.07.08) In this case the rider held a Class A Rider Licence and provided a breath sample greater than 100 micrograms of alcohol per litre of breath. The rider attended and was scheduled to ride at a race meeting. He was suspended for 1 month and had a fine of $1000 imposed.
The RIU seeks cost of $187.50 for the cost of the ESR analysis.
Submissions on Penalty by Respondent
Mr Daniels advised the Committee that he attended a welcoming barbeque that was organised for him and he wasn’t expecting to be tested for alcohol during trackwork the following morning. He conceded that this was no excuse for his actions and added that he did not have any breakfast before riding trackwork.
Mr Daniels apologised for showing disregard to the integrity of racing in New Zealand.
Reasons for Penalty
The Committee carefully considered the evidence and submissions presented. The mitigating factors are Mr Daniels’s admission of the breach, his honesty and co-operation with the RIU during their investigations. To Mr Daniels credit he showed genuine remorse at the hearing.
We note that Mr Daniels has 3 previous alcohol related matters in South Africa over an 11 year period when a Jockey. However, the Committee did not take this record into account when considering penalty.
The aggravating factor is that Mr Daniels was riding trackwork whilst under the influence of alcohol, posing a safety risk to horses, riders and other industry participants.
The Committee identified when reading the two cases supplied by the RIU that both Mr Jones and Mr Colgan each incurred a fine of $750 for their breach of this rule (not $1000 as stated in the Informant’s submissions).
It is significant to note the level of alcohol is strikingly high for a person riding a horse at speed.
The fine imposed on Mr Daniels is discounted because he does not have the same earning potential as a Jockey.
After taking into account all the above the Committee considers an appropriate penalty to be a combination of a fine and a suspension.
Penalty
Because Mr Daniels was stood down from riding trackwork on 30th November 2015, the Committee orders the suspension of Mr Daniels track riding licence from that date until the 28th December 2015 (1 month). In addition we impose a fine of $500.
Costs
Mr Daniels is ordered to pay costs of $187.50 to the RIU for sample analysis costs. This hearing was conducted on a race day and accordingly there are no further orders as to costs.
Adrian Dooley Alan Godsalve
Chairman Committee Member
28 December 2015
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 29/12/2015
Publish Date: 29/12/2015
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: 29/12/2015
hearing_title: Non Raceday Inquiry RIU v D Daniels - Decision dated 28 December 2015 - Chair, Mr A Dooley
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
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reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CAMBRIDGE
IN THE MATTER of New Zealand Rules of Racing
BETWEEN Mr A Cruickshank– Racing Investigator (RIU)
Informant
AND Mr D Daniels – Licensed Track Rider
Respondent
Date of Hearing: 24 December 2015
Information No: A7129
Venue: Cambridge Raceway
Judicial Committee: Mr A Dooley, Chairman – Mr A Godsalve, Committee Member
Present: Mr D Daniels – Licensed Track Rider
Registrar: Mr B Jones – Stipendiary Steward
Plea: Admitted
Date of Decision: 28 December 2015
Charge
The Informant Mr A Cruickshank, Racing Investigator, alleged that Mr D Daniels, Licensed Track Rider breached Rule 656(4).
The particulars of the charge are: That on the 30th day of November 2015, at the Cambridge Jockey Club in Cambridge, having been required by an Investigator to supply a sample in accordance with Rule 656(4) of the New Zealand Rules of Racing, had breath, upon analysis, containing alcohol at a level of 0396 micrograms of alcohol per litre of breath and thereby committed a breach of the said Rule 656(4) and is therefore liable to the penalty or penalties which may be imposed pursuant to Rule 803 of the said Rules.
Mr Daniels acknowledged that he understood the nature of the charge, and the Rule and admitted the breach. Mr Daniels acknowledged that all the relevant documents from the RIU had been disclosed to him.
Mr Daniels said he accepted the contents of the documents and consented to them being admitted as evidence.
The proposed procedure for the hearing was explained to Mr Daniels and he had no concerns or objections.
Mr Cruickshank produced a letter dated 2nd of December from Mr M Godber, Operations Manager for the Racing Integrity Unit, authorising the filing of the Information pursuant to Rule 903 (2) (d).
Rule 656(4) states:
A Rider who rides or presents himself to ride a horse at a Racecourse, Training Facility or Trainer’s Premises must not have a breath alcohol level greater than 100 micrograms of alcohol per litre of breath.
Rule 803 states:
(1) A person who commits, or is deemed to have committed a breach of these Rules for which a penalty is not provided elsewhere in these Rules shall be liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a License for a period not exceeding 12 months. If a License is renewed during a term of suspension, then the suspension shall continue to apply to the renewed License; and or
(c) a fine not exceeding $20,000.
Summary of Facts by the Informant
On Monday 30th November 2015, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club in Cambridge.
Deryl Daniels was one of the people randomly selected for testing and was served the appropriate notice at 6.48am by an Investigator.
Mr Daniels provided the required first sample at 9.29am. He then provided a further sample at 9.44am and his breath was found to contain a breath alcohol level of 0396 micrograms of alcohol per litre of breath.
Mr Daniels was immediately served with a Stand Down Notice under Rule 657(1)(a) which prohibits him from riding at a Training Facility or Track until the Judicial Control Authority issued a substantive decision.
When spoken to Mr Daniels stated that he had been to a party and barbeque the previous evening where had had consumed 10 or 11 cans of beer. He did not believe that the alcohol consumed would result in such a high level of alcohol in his breath.
Deryl Daniels is a licensed track rider currently employed by Class A Trainer, Stephen Marsh. He derives his income solely from the racing industry.
Mr Daniels arrived in New Zealand on the 16th November 2015 and was licensed on the 27th November 2015.
Enquiries with the National Horse Racing Authority of South Africa indicate that Mr Daniels has at least 3 previous alcohol related offences over the last 11 years whilst riding in South Africa.
Mr Daniels advised that he had ridden in a number of countries around the world.
Mr Daniels is extremely disappointed and embarrassed with what has happened he stated that he prides himself on his professional approach to riding and that he had let himself down badly. He wished to apologise to New Zealand Racing for what had occurred and stated that it would not happen again.
Submissions by the Respondent
Mr Daniels submitted that he had nothing further to add.
Decision
As Mr Daniels admitted the breach we find the charge proved.
Submissions on Penalty by Informant
The respondent Deryl Daniels is a licensed Track Rider currently employed by Stephen Marsh. He has been involved in the racing industry, in various parts of the world for all of his adult life. He is 38 years of age with a date of birth of 28 April 1977.
He has admitted a breach of the rules in relation to the excess breath alcohol test undertaken on 30th November 2015 at the Cambridge Jockey Club in Cambridge.
New Zealand Thoroughbred Racing has been alcohol testing industry participants since 2008 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 alcohol.
All riders should be 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.
On this occasion Mr Daniels has presented himself at the Cambridge Jockey Club to ride track work while his breath alcohol level was at 0396 micrograms of alcohol per litre of breath.
He had ridden 7 horses prior to the test being undertaken.
The breath alcohol limit for all riders is 100 micrograms of alcohol per litre of breath.
The RIU considers this level to be particularly high when riding horses at speed. It is noted that the comparable drink driving limit has recently been reduced to 0250 micrograms of alcohol per litre of breath for drivers over 20 years of age.
It is submitted that a suspension of 1 month and a fine of $1000 should be imposed.'
In support of this the RIU refer to the only known cases of a breach of this rule
R.I.U v B.R. JONES (12.07.08) In this case the rider held a Class A Rider Licence and provided a breath sample greater than 100 micrograms of alcohol per litre of breath. The rider attended and was scheduled to ride at a race meeting. He was suspended for 1 month and had a fine of $1000 imposed.
R.I.U v V.A. COLGAN (12.07.08) In this case the rider held a Class A Rider Licence and provided a breath sample greater than 100 micrograms of alcohol per litre of breath. The rider attended and was scheduled to ride at a race meeting. He was suspended for 1 month and had a fine of $1000 imposed.
The RIU seeks cost of $187.50 for the cost of the ESR analysis.
Submissions on Penalty by Respondent
Mr Daniels advised the Committee that he attended a welcoming barbeque that was organised for him and he wasn’t expecting to be tested for alcohol during trackwork the following morning. He conceded that this was no excuse for his actions and added that he did not have any breakfast before riding trackwork.
Mr Daniels apologised for showing disregard to the integrity of racing in New Zealand.
Reasons for Penalty
The Committee carefully considered the evidence and submissions presented. The mitigating factors are Mr Daniels’s admission of the breach, his honesty and co-operation with the RIU during their investigations. To Mr Daniels credit he showed genuine remorse at the hearing.
We note that Mr Daniels has 3 previous alcohol related matters in South Africa over an 11 year period when a Jockey. However, the Committee did not take this record into account when considering penalty.
The aggravating factor is that Mr Daniels was riding trackwork whilst under the influence of alcohol, posing a safety risk to horses, riders and other industry participants.
The Committee identified when reading the two cases supplied by the RIU that both Mr Jones and Mr Colgan each incurred a fine of $750 for their breach of this rule (not $1000 as stated in the Informant’s submissions).
It is significant to note the level of alcohol is strikingly high for a person riding a horse at speed.
The fine imposed on Mr Daniels is discounted because he does not have the same earning potential as a Jockey.
After taking into account all the above the Committee considers an appropriate penalty to be a combination of a fine and a suspension.
Penalty
Because Mr Daniels was stood down from riding trackwork on 30th November 2015, the Committee orders the suspension of Mr Daniels track riding licence from that date until the 28th December 2015 (1 month). In addition we impose a fine of $500.
Costs
Mr Daniels is ordered to pay costs of $187.50 to the RIU for sample analysis costs. This hearing was conducted on a race day and accordingly there are no further orders as to costs.
Adrian Dooley Alan Godsalve
Chairman Committee Member
28 December 2015
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