Non Raceday Inquiry NZTR v BJ Rhodes heard 10 August 2009

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startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry NZTR v BJ Rhodes heard 10 August 2009

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NZTR v BRUCE JONES RHODES

NON RACEDAY JUDICIAL COMMITTEE:      Mr M S McKechnie Chairman and Mr T W Castles

PRESENT :                                                         Mr John McKenzie, Chief Racecourse Inspector

                                                                              Mr Bryan McKenzie, Racecourse Inspector

                                                                              Mr Bruce Rhodes

DECISION OF JUDICIAL COMMITTEE

10^th August 2009

1.           THE CHARGE

1.1         Mr Rhodes is charged that on the 23^rd July 2009 he provided a urine sample which tested positive for the prohibited drug cannabis.  R 528 (1).

NZTR v BRUCE JONES RHODES

NON RACEDAY JUDICIAL COMMITTEE:      Mr M S McKechnie Chairman and Mr T W Castles

PRESENT :                                                         Mr John McKenzie, Chief Racecourse Inspector

                                                                              Mr Bryan McKenzie, Racecourse Inspector

                                                                              Mr Bruce Rhodes

DECISION OF JUDICIAL COMMITTEE

10^th August 2009

1.           THE CHARGE

1.1         Mr Rhodes is charged that on the 23^rd July 2009 he provided a urine sample which tested positive for the prohibited drug cannabis.  R 528 (1).

1.2         Mr Rhodes has admitted the allegation but there are a number of things which he says in mitigation and to which reference will be made later in this decision.

1.3         Mr Rhodes has had a number of different standings with NZTR.  Currently he is registered as a track rider.  In the period 1984/85 he was an apprentice jockey.  He then went to Australia and returned to New Zealand took up his apprenticeship in 1993/94.  He subsequently went back to Australia and then again returned to New Zealand in the period 2000/02 when he was a licensed jockey.  He then went back to Australia for the third time.  He then returned to New Zealand in 2008 and was registered as a stable hand with the Ruakaka trainer K I Rae.

1.4         Mr Rhodes is (or was) earning a living as a track rider at Matamata.  He told the Committee that he had been riding for the Moroney Stable for Mr Bob Autridge and other well known trainers in Matamata.

1.5         The results of the ESR test establish that the level of the active ingredient THC-Acid was 36 nanograms per millilitre of urine.  An offence is committed if the level of THC-Acid exceeds 15 nanograms per millilitre of urine.  It is not possible from the level of THC-Acid to ascertain the extent to which this subject person has been using the prohibited drugs.

1.6         Mr Rhodes has a long list of criminal convictions in New Zealand commencing in the Youth Court in 1982 and most recently in the Auckland District Court in July and November 2007.  Both of which convictions relate to the procuring and possession of cannabis plant.

1.7         It is clear from the material put before the Committee – not disputed by Mr Rhodes – that while in Australia he was convicted of a serious offence involving violence and served a term of imprisonment.  Upon his return to New Zealand in 2008 he did not disclose that conviction when interviewed by the Chief Racecourse Inspector Mr John McKenzie at Ruakaka.  He told the Committee today that he simply overlooked it.

1.8         In consequence of the matters referred to and with reference to Mr Rhodes’ criminal convictions he is a person prohibited under Section 34 of the Racing Act and the NZ Rules of Racing.  This means that he cannot take part in racing activities in New Zealand unless he obtains a dispensation.  Such a dispensation was granted to him in 2008 upon his return to New Zealand in order that he could be employed as a track rider.  It would seem that working as a jockey or a track rider is the only form of employment which Mr Rhodes has followed through his working life.

2.           PENALTY

2.1         It is most unlikely that Mr Rhodes would have been granted permission to work as a track rider in 2008 if he had disclosed the serious criminal conviction in Australia.  His failure to do so was a serious omission.  Now he comes before the Committee charged with a breach of the rules relating to the prohibited substance cannabis.  He told the Committee that he was not an active user of cannabis.  This is difficult to credit having regard to the convictions already mentioned in July and November 2007 for the procuring and possession of cannabis plant.  It is also difficult to give credence to Mr Rhodes’ explanation when regard is had to the reading of 36 nanograms of THC-Acid in the urine sample.

2.2         For all the reasons explained Mr Rhodes can expect little sympathy from the Committee.  He was given a chance to set things back on the rails when he returned to New Zealand in 2008.  He has not taken that opportunity and circumstances not known then have been revealed to the authorities.

2.3         A disqualification is inevitable and appropriate.  A maximum penalty under Rule 528 is a twelve (12) month disqualification and a fine not exceeding $10,000.00.  Mr Rhodes’ financial position is precarious and a significant fine would be quite frankly pointless.  A level of disqualification has to signal to all in the industry that people who have been offered a chance and forfeit that chance must accept the consequences.  Given Mr Rhodes’ previous criminal convictions and the events that occurred in Australia he was undoubtedly fortunate to be given the chance to resume his career when he came back to New Zealand in 2008.  Now he has cast that opportunity aside.  For the reasons explained there will be a disqualification of six (6) months commencing immediately.  Mr Rhodes will remain a prohibited person in terms of the Racing Act and the Rules of Racing.  There will be an order that he pay $300.00 towards the costs of prosecution.  You will need to make arrangements to pay that off over time Mr Rhodes.  There will be no fine imposed because quite simply there isn’t, is seems to us, a great deal of point in imposing a fine.  This means the costs of today’s proceedings which run to many hundreds of dollars have to be met by the racing authorities in this country.  The sum you must pay of $300.00 will meet only part of those costs.

              M S McKechnie

              Chairman

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hearing_type: Old Hearing

Rules: 528.1

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