Non Raceday Inquiry RIU v T Campbell – Decision dated 19 January 2015

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hearing_title: Non Raceday Inquiry RIU v T Campbell - Decision dated 19 January 2015

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Non Raceday Inquiry RIU v Ms T Campbell 17 January 2015

BEFORE A JUDICIAL COMMITTEE

HELD AT TE RAPA

IN THE MATTER of New Zealand Rules of Racing

BETWEEN Mr B Oliver Racecourse Investigator (RIU)

Informant

AND Ms T Campbell – Licensed Track Work Rider

Respondent

Date of Hearing: 17 January 2015

Information No: A2224

Venue: Te Rapa Racecourse

Judicial Committee: Mr A Dooley, Chairman – R Seabrook, Committee Member

Present: Mr B Oliver – Racecourse Investigator

Ms T Campbell – Licensed Track Work Rider

N McIntyre – Co - Chief Stipendiary Steward

Registrar: Mr W Robinson– Stipendiary Steward

Plea: Admitted

Date of Decision: 19 January 2015

Charge

Mr Oliver alleged that on the 9th of December 2014, at South Auckland, Ms Campbell wilfully failed to perform an act ordered by an Investigator, to be performed by her. This breach is pursuant to Rule 801(1) (k).

Rule 801(1)(k) provides: A person commits a Serious Racing Offence within the meaning of these Rules who wilfully fails to perform an act ordered by a Tribunal, NZTR, Stipendiary Steward or investigator to be performed by him.

GENERAL PENALTIES 803

803 (1) provides: A person who, or body or other entity which, commits or is deemed to have committed a breach of these Rules or any of them 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 Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or

(c) a fine not exceeding $20,000.

Ms Campbell acknowledged that she understood the nature of the charge, the Rule and admitted the breach.

Ms Campbell acknowledged that all the relevant documents from the RIU had been disclosed to her. Ms Campbell said she accepted the contents of the documents and consented to them being admitted as evidence. The proposed procedure for the hearing was explained to Mr Oliver and Ms Campbell. They confirmed they had no concerns or objections.

Mr Oliver produced a letter dated 17 December 2014 from Mr M R Godber, Operations Manager for the Racing Integrity Unit, authorising the filing of the Information pursuant to Rule 903 (2) (d).

Informants Submissions/Summary of Facts

On Monday the 8th of December 2014, staff from the Racing Integrity Unit conducted random drug testing at the Pukekohe Racecourse.

Ms Campbell was one of those requested to provide a urine sample. She was given a request form at 7.07am.

She said that there was little point doing the drug test because she smoked cannabis the previous evening and that she was going to retire from track work riding anyway. She said she uses cannabis on a daily basis and had health issues that had helped her make the decision to retire.

She attended the drug test area at 9.09am and after consultation with the technician conducting the sample taking, she was unable to provide the sample. Ms Campbell left the testing area on several occasions saying that she could not complete the required test.

At 10.14 am Ms Campbell was spoken to by an Investigator. She indicated that she could not supply a sample despite drinking some water. She said that she had diarrhoea and couldn’t supply the required sample. Ms Campbell was served a notice under Rule 656(2) to attend at the TDDA Office in Tamaki the next day to provide a sample. The Investigator had a discussion with Ms Campbell about the penalty she would be given for a positive test and what the consequences would be if she decided not to attend the next day. She left saying she would consider her options.

At 2.50pm on the 9th of December 2014, the Investigator received a text from Ms Campbell which read “Please note that I have opted 2 retire, as discussed yesterday. Effective immediately of course.”

She did not attend the Drug Testing at TDDA and did not supply a sample in accordance with the Rule and as directed by the Investigator. This is a breach of Rule 656(2) and as a consequence a request was made under Rule 322 to have her license suspended or cancelled. No result of that request has yet been received.

Ms Campbell, by not attending the drug test has wilfully failed to perform an act ordered by an Investigator, to be performed by her.

Since then Ms Campbell has revisited her position indicating that she will always be involved in the Industry in some way and indicated that she wished to involve herself in the disciplinary process. Since then she has been served a copy of the Information and has indicated a guilty plea.

Ms Campbell is 42 years of age. She resides in the Pukekawa area and has had an involvement in the Racing Industry on and off for over 25 years.

Submissions by the Respondent

Ms Campbell told the Committee that it was always her intention to retire from track work riding if she was instructed to provide a urine sample for drug testing. Ms Campbell conceded that she did not think of the consequences which followed her actions regarding the drug testing requirements. However, Ms Campbell said she still wanted to be involved in stable work as she had recently learnt horse therapy procedures which she was keen to continue practising.

In response to a question from the Committee, Ms Campbell said she used cannabis frequently for health reasons.

Decision

As Ms Campbell admitted the breach we find the charge proved.

Submissions of Informant on Penalty

New Zealand 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.

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.

On this occasion Ms Campbell was served a request to present herself at a Drug Testing facility. She chose not to attend. As a result she faces this charge of wilfully failing to perform an act ordered to be performed by her.

In essence, she has failed to carry out a required drug test. She acknowledged on the day the testing was carried out that she would fail a drug test as she was a cannabis user. The RIU now have no knowledge of what Miss Campbell could have had in her sample; it could have been cannabis or some other illicit drug.

The most recent case of wilfully failing to carry out an act ordered by an Investigator was C, an as yet unpublished case from December 2014 when a 12 month disqualification was handed down. The circumstances in that case were somewhat different to this matter.

The only other similar case that Mr Oliver is aware of was M in 2012 when a track work rider was required to undergo a drug test and failed to attend. That offence was laid under Rule 656(2) and attracted a 7 month suspension. In Mr Oliver’s view the offences are similar.

Ms Campbell has not previously breached any Rule of Racing. She has previously held a Jockeys license from 1998 to 2000 and has held a Track Work riders license since September 2014.

The RIU seeks a 12 month suspension for Ms Campbell.

Respondents Submissions on Penalty

Ms Campbell submitted that she would like to “hop on a horse occasionally” as she had been riding since she was 10 years old. She said no one had been hurt by her actions and she added that she could have refused to co - operate with the Investigator.

Ms Campbell submitted to the Committee that she had stopped riding track work on December 9 and asked for any proposed suspension to take that into account.

In response to a question from the Committee, Mr Oliver confirmed that this submission was correct albeit it wasn’t recorded in the summary of facts.

Reasons for Penalty

The Committee carefully considered the evidence and submissions presented. The mitigating factors are Ms Campbell’s admission of the breach and her clear record under this Rule. We are mindful however that in all drug cases the Integrity of Racing is paramount. Obviously a drug free environment is essential as the question of safety is compromised when riders present themselves with any prohibited substance in their system. In our opinion any person who avoids a drug test creates suspicion that he or she is using far more significant drugs. A further aggravating fact was Ms Campbell failed to attend the Drug Testing at NZTTA the following day when directed to do so by the RIU Investigator. This must be reflected in any penalty.

Before imposing an appropriate penalty the Committee referred to similar breaches of this Rule for Track Work riders.

We have given Ms Campbell credit for her admission of the breach, her clear record under this Rule and the fact that she stopped riding track work on 9 December 2014.

The Committee explained to Ms Campbell that she was able to practise her horse therapy during her suspension but was not permitted to be involved in the riding of horses.

The Committee is mindful that any penalty must act as a deterrent for other License Holders in the Industry.

After taking into account all the above the factors we consider an appropriate penalty is 9 months suspension.

Penalty

The Committee orders that Ms Campbell is suspended from obtaining or holding a Track Work Riders License or any Riding License for a period of nine months starting from 9 December 2014 and to conclude on 9 September 2015.

Costs

The RIU sought no costs.

Due to this matter being scheduled to be heard on a race day there will be no order for JCA costs.

Adrian Dooley                         Richard Seabrook

Chair                                      Committee Member

19 January 2015

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