Non Raceday Inquiry RIU v KC Walters 31 May 2012 – Decision dated 3 June 2012

hearingid: 781513f737003efbc1e072997f710009

informantnumber: A5501

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decisiondate: 24/05/2012

hearing_title: Non Raceday Inquiry RIU v KC Walters 31 May 2012 - Decision dated 3 June 2012

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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: Mr KC Walters – Apprentice Jockey (accompanied by Mr N Ridley, Licensed Trainer)
Information No: A5501
Date: 31st May 2012
Venue: Riccarton Park, Christchurch
Rule No: 656(3)
Judicial Committee: KG Hales, Chairman – J Phelan, Committee Member
Plea: Admitted

Charges:

Alleged: That on Saturday 14th April 2012 at the Riccarton Racecourse, that KC Walters, 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.

Mr Walters was served with the notice and duly complied with the requirement. He provided his 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.

Mr Walters was advised of the results of the analysis on Wednesday 2nd May 2012 and later served with a copy of the ESR report.

When spoken to, Mr Walters admitted to taking the diuretic Frusemide prior to the race meeting on 14th April. He stated that he had taken the tablet as he had a light ride on the previous Thursday 12th April.

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

Defence Submissions:

Mr Walters told the hearing that he took a Frusemide tablet at 6am on the morning of 12th April so he could take a ride at 55.5 kgs. He knew that Frusemide was a banned substance. He further said that he was having trouble keeping his weight down, particularly since having hurt his shoulder. He said that the weight doesn’t seem to come off so easily.

Mr Ridley was supported at the hearing by his employer, Mr N Ridley of Te Akau Stables, and said that Mr Walters tries very hard to keep his weight in control. It seemed that he couldn’t make the weight on the day in question, and resorted to taking a Frusemide tablet.

Decision:

Having regard to Mr Walter’s admission of the breach, 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 Mr Walters had been co-operative in the inquiry.

He submitted that a fine of $500 would be appropriate, for an apprentice rider who offends for the first time, for using diuretics.

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

In response, Mr Walters, said that he had a two day suspension coming up, and that a fine of that amount was too harsh, particularly as Ms LD McGregor had recently been fined $400.
 

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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.

In this case, we note that Mr Walters took the drug prior to a race meeting, knowing that it was a banned substance. That fact distinguishes his situation from that of Ms McGregor, who did not know what was in the drugs which she took for genuine therapeutic reasons.

Mr Walters was also given the opportunity to have a suspension imposed, but elected not to pursue that as a penalty option.

Mr Walters is fined $500.00. He is also ordered to pay the ESR fee of $150.00 and to make a contribution to JCA costs in the sum of $100.

KG Hales
Chairman
 

hearing_type: Non-race day

Rules: 656(3)

Informant: Mr RD Scott - Racing Investigator

JockeysandTrainer:

Otherperson:

PersonPresent: Mr N Ridley - Assisting Mr Walters

Respondent: Mr KC Walters - Apprentice Jockey

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