Non Raceday Inquiry RIU v A Ihaka – Decision dated 20 January 2016 – Chair, Mr R Seabrook
ID: JCA15783
Decision:
NON RACEDAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
NON RACEDAY JUDICIAL COMMITTEE: Mr Richard Seabrook, Chairman - Mr Alan Godsalve, Committee Member
VENUE: Te Rapa Racecourse
DATE: 20 January 2016
INFORMATION NUMBER: 7131
INFORMANT:
Racing Integrity Unit – Mr A Cruickshank, RIU Investigator
RESPONDENT:
Mr A Ihaka, track work rider
RULE: Rule 656 (3)
This Rule reads as follows:
A rider or any other licensed holder who has carried out, is carrying out, or is likely to carry out, a safety sensitive activity at a race course, training facility or training premises, who, having been required by a stipendiary steward or investigator to supply a sample in accordance with this rule must not have a sample which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substances or diuretic and / or its metabolites, artefacts or isomers.
PLEA: Admitted
CHARGE:
That on the 30th day of November 2015, at the Cambridge Jockey Club Cambridge, having been required by an investigator to supply a sample of urine in accordance 656 (3) of the New Zealand Rules of Racing had urine was found upon analysis to contain the controlled drugs methamphetamine and amphetamine as defined in the Misuse of Drugs Act 1975 and thereby committed a breach of the said rule 656 (3) and is therefore liable to the penalty or penalties which may be imposed pursuant to 803 of the said rules.
As Mr Ihaka did not present himself at the hearing the committee proceeded to hear the charge under the provisions of rule 913(1).
Mr Cruickshank informed the committee that he had tried to contact Mr Ihaka earlier today reminding him of the hearing but there was no reply to his call. He said he then left Mr Ihaka a message with the same content. Mr Cruickshank confirmed to the committee that Mr Ihaka had been served a copy of the charge and rule 656(3) on the 9th December 2015.
The committee noted that Mr Ihaka had admitted the breach of rule 656(3).
SUMMARY OF FACTS by Mr A Cruickshank
On Monday 30th December 2015, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club in Cambridge.
Antonio Quentin IHAKA was one of the people randomly selected for testing and was served the appropriate notice at 7.05 am by a Stipendiary Steward.
Mr IHAKA provided the required urine sample at 8.40am. The sample was given unique number U259159 and forwarded to the ESR later that day by a Drug Detection Agency (TDDA) authorised agent of the Racing Integrity Unit.
On Monday the 7th December 2015, the Racing Integrity Unit was advised, in writing, that the sample provided by Mr IHAKA had, on analysis, been found to contain the controlled drugs Methamphetamine and Amphetamine.
A Stand Down Notice and a copy of the ESR Certificate in accordance with Rule 657(1)(a) were served on Mr IHAKA on the 9th day of December 2015 as provided in Rule 911(1)(b).
When spoken to Mr IHAKA stated that 6 days ago he was at a party where he was offered a smoke of P and stupidly took it. He stated that he is not a permanent user and this was just a smoke at a party.
He stated that he was bitterly disappointed in himself because he had improved his behaviour over the last few years and he wanted to show the racing industry more respect.
Mr IHAKA stated that he was happy to stand down from further riding until officially served a Stand Down notice but at the same time he did not want to leave his employer Mr John Bell in the lurch and would do his best to find someone else to ride Mr Bell’s horses.
Antonio Quentin IHAKA is currently unlicensed having previously had a Class D jumps Jockey licence. He has been working for Licensed Trainer John Bell for several months. He derives his income solely from the racing industry.
He has had similar rule breaches previously.
PENALTY SUBMISSIONS by Mr A Cruickshank
1. The respondent Antonio Quentin IHAKA is an unlicensed track work rider. He has previously held a Class D jumps jockey licence.
2. Mr Ihaka has been involved in the racing industry for all of his adult life. He is 31 years of age with a date of birth of 11 February 1984.
3. He has admitted a breach of the rules in relation to the positive drug test undertaken on 30th November 2015 at the Cambridge Jockey Club in Cambridge.
4. 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 drugs.
5. 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.
6. 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.
7. On this occasion Mr IHAKA has presented himself at the Cambridge Jockey Club to ride track work while the drugs Methamphetamine and Amphetamine were within his body.
8. Methamphetamine is a Class A controlled drug and Amphetamine is a Class B controlled drug.
9. Mr IHAKA does not currently have the ability to pay a fine.
10. It is submitted that a period of 12 months disqualification and the cost of the analysis of $187.50 (to the RIU) should be imposed.
11. In support of this I refer to the following decisions:
R.I.U v A.J. Couchman (24.07.15) In this case an unlicensed track work rider tested positive to Methamphetamine and Amphetamine. He was disqualified for 12 months and ordered to pay the cost of the testing analysis.
R.IU v Isherwood (4.11.13) In this case the rider held a Class A Rider Licence and tested positive to Methamphetamine and Amphetamine whilst riding track work. She was disqualified for a period of 12 months and ordered to pay the cost of the testing analysis.
REASONS FOR PENALTY:
The committee carefully considered all the evidence and submissions as presented. As Mr Ihaka chose not to be present at the hearing the committee did not have the chance to question him as we would normally have done.
The prevalence of drug taking in the racing industry has long been a matter of concern to the JCA. The use of the drug methamphetamine is of particular concern. The dangerous nature of the drug and its effect on persons who elect to use it are well documented and need no repetition here. On any view of it, the use of the drug by riders who may be affected by it when riding is quite unacceptable and must be met by penalties which will deter others from similar conduct. Further to this the committee is concerned at what could arise from riders affected by this drug who are in control of horses at busy training centres.
The committee referred to 3 previous charges relating to methamphetamine.
These are: Waddell - 2010 - 14 months disqualification
Isherwood – 2013 - 12 months disqualification
Couchman - 2015 - 12 months disqualification
The committee is aware these are all first offences under this rule.
We are also conversant with the fact that this is Mr Ihaka’s second breach of this rule with the previous one being in 2010 when he was disqualified for 16 months. The committee initially considered a disqualification of 2 years would be appropriate. However we take into account Mr Ihaka’s admission of the breach and that it has been 5 years since he has appeared for a breach of this rule.
PENALTY
Having carefully considered all the material that has been placed before us we impose the following penalty under the provisions of Rule 803 (2)(b)(iii) which provides for a fine not exceeding $50,000, and a period of disqualification not exceeding 5 years.
Mr Ihaka is disqualified for 1 year and 8 months commencing from 20th January 2016 and concluding on the 20th September 2017. Mr Ihaka is also ordered to pay the cost of the analysis of $187.50, payable to the RIU.
Given Mr Ihaka’s record pertinent to this rule, the committee believes it would be prudent that if he should, on completing the period of disqualification imposed today, consider applying to the RIU for a license to ride track work or in races the following may apply:
(1) He should be required to produce a “clear” test in respect of any prohibited substance which is covered within these Rules, and
(2) Be required to submit himself for testing as above during a period specified by the RIU following any license being issued.
The committee does not have the authority to make an order as part of the penalty imposed today.
R Seabrook A Godsalve
Chairman Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 26/01/2016
Publish Date: 26/01/2016
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: 26/01/2016
hearing_title: Non Raceday Inquiry RIU v A Ihaka - Decision dated 20 January 2016 - Chair, Mr R Seabrook
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
NON RACEDAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
NON RACEDAY JUDICIAL COMMITTEE: Mr Richard Seabrook, Chairman - Mr Alan Godsalve, Committee Member
VENUE: Te Rapa Racecourse
DATE: 20 January 2016
INFORMATION NUMBER: 7131
INFORMANT:
Racing Integrity Unit – Mr A Cruickshank, RIU Investigator
RESPONDENT:
Mr A Ihaka, track work rider
RULE: Rule 656 (3)
This Rule reads as follows:
A rider or any other licensed holder who has carried out, is carrying out, or is likely to carry out, a safety sensitive activity at a race course, training facility or training premises, who, having been required by a stipendiary steward or investigator to supply a sample in accordance with this rule must not have a sample which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substances or diuretic and / or its metabolites, artefacts or isomers.
PLEA: Admitted
CHARGE:
That on the 30th day of November 2015, at the Cambridge Jockey Club Cambridge, having been required by an investigator to supply a sample of urine in accordance 656 (3) of the New Zealand Rules of Racing had urine was found upon analysis to contain the controlled drugs methamphetamine and amphetamine as defined in the Misuse of Drugs Act 1975 and thereby committed a breach of the said rule 656 (3) and is therefore liable to the penalty or penalties which may be imposed pursuant to 803 of the said rules.
As Mr Ihaka did not present himself at the hearing the committee proceeded to hear the charge under the provisions of rule 913(1).
Mr Cruickshank informed the committee that he had tried to contact Mr Ihaka earlier today reminding him of the hearing but there was no reply to his call. He said he then left Mr Ihaka a message with the same content. Mr Cruickshank confirmed to the committee that Mr Ihaka had been served a copy of the charge and rule 656(3) on the 9th December 2015.
The committee noted that Mr Ihaka had admitted the breach of rule 656(3).
SUMMARY OF FACTS by Mr A Cruickshank
On Monday 30th December 2015, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club in Cambridge.
Antonio Quentin IHAKA was one of the people randomly selected for testing and was served the appropriate notice at 7.05 am by a Stipendiary Steward.
Mr IHAKA provided the required urine sample at 8.40am. The sample was given unique number U259159 and forwarded to the ESR later that day by a Drug Detection Agency (TDDA) authorised agent of the Racing Integrity Unit.
On Monday the 7th December 2015, the Racing Integrity Unit was advised, in writing, that the sample provided by Mr IHAKA had, on analysis, been found to contain the controlled drugs Methamphetamine and Amphetamine.
A Stand Down Notice and a copy of the ESR Certificate in accordance with Rule 657(1)(a) were served on Mr IHAKA on the 9th day of December 2015 as provided in Rule 911(1)(b).
When spoken to Mr IHAKA stated that 6 days ago he was at a party where he was offered a smoke of P and stupidly took it. He stated that he is not a permanent user and this was just a smoke at a party.
He stated that he was bitterly disappointed in himself because he had improved his behaviour over the last few years and he wanted to show the racing industry more respect.
Mr IHAKA stated that he was happy to stand down from further riding until officially served a Stand Down notice but at the same time he did not want to leave his employer Mr John Bell in the lurch and would do his best to find someone else to ride Mr Bell’s horses.
Antonio Quentin IHAKA is currently unlicensed having previously had a Class D jumps Jockey licence. He has been working for Licensed Trainer John Bell for several months. He derives his income solely from the racing industry.
He has had similar rule breaches previously.
PENALTY SUBMISSIONS by Mr A Cruickshank
1. The respondent Antonio Quentin IHAKA is an unlicensed track work rider. He has previously held a Class D jumps jockey licence.
2. Mr Ihaka has been involved in the racing industry for all of his adult life. He is 31 years of age with a date of birth of 11 February 1984.
3. He has admitted a breach of the rules in relation to the positive drug test undertaken on 30th November 2015 at the Cambridge Jockey Club in Cambridge.
4. 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 drugs.
5. 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.
6. 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.
7. On this occasion Mr IHAKA has presented himself at the Cambridge Jockey Club to ride track work while the drugs Methamphetamine and Amphetamine were within his body.
8. Methamphetamine is a Class A controlled drug and Amphetamine is a Class B controlled drug.
9. Mr IHAKA does not currently have the ability to pay a fine.
10. It is submitted that a period of 12 months disqualification and the cost of the analysis of $187.50 (to the RIU) should be imposed.
11. In support of this I refer to the following decisions:
R.I.U v A.J. Couchman (24.07.15) In this case an unlicensed track work rider tested positive to Methamphetamine and Amphetamine. He was disqualified for 12 months and ordered to pay the cost of the testing analysis.
R.IU v Isherwood (4.11.13) In this case the rider held a Class A Rider Licence and tested positive to Methamphetamine and Amphetamine whilst riding track work. She was disqualified for a period of 12 months and ordered to pay the cost of the testing analysis.
REASONS FOR PENALTY:
The committee carefully considered all the evidence and submissions as presented. As Mr Ihaka chose not to be present at the hearing the committee did not have the chance to question him as we would normally have done.
The prevalence of drug taking in the racing industry has long been a matter of concern to the JCA. The use of the drug methamphetamine is of particular concern. The dangerous nature of the drug and its effect on persons who elect to use it are well documented and need no repetition here. On any view of it, the use of the drug by riders who may be affected by it when riding is quite unacceptable and must be met by penalties which will deter others from similar conduct. Further to this the committee is concerned at what could arise from riders affected by this drug who are in control of horses at busy training centres.
The committee referred to 3 previous charges relating to methamphetamine.
These are: Waddell - 2010 - 14 months disqualification
Isherwood – 2013 - 12 months disqualification
Couchman - 2015 - 12 months disqualification
The committee is aware these are all first offences under this rule.
We are also conversant with the fact that this is Mr Ihaka’s second breach of this rule with the previous one being in 2010 when he was disqualified for 16 months. The committee initially considered a disqualification of 2 years would be appropriate. However we take into account Mr Ihaka’s admission of the breach and that it has been 5 years since he has appeared for a breach of this rule.
PENALTY
Having carefully considered all the material that has been placed before us we impose the following penalty under the provisions of Rule 803 (2)(b)(iii) which provides for a fine not exceeding $50,000, and a period of disqualification not exceeding 5 years.
Mr Ihaka is disqualified for 1 year and 8 months commencing from 20th January 2016 and concluding on the 20th September 2017. Mr Ihaka is also ordered to pay the cost of the analysis of $187.50, payable to the RIU.
Given Mr Ihaka’s record pertinent to this rule, the committee believes it would be prudent that if he should, on completing the period of disqualification imposed today, consider applying to the RIU for a license to ride track work or in races the following may apply:
(1) He should be required to produce a “clear” test in respect of any prohibited substance which is covered within these Rules, and
(2) Be required to submit himself for testing as above during a period specified by the RIU following any license being issued.
The committee does not have the authority to make an order as part of the penalty imposed today.
R Seabrook A Godsalve
Chairman Committee Member
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