Non Raceday Inquiry – AQ Ihaka

hearingid: 455b5d2a2742edd25af5cff1f4c475fe

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - AQ Ihaka

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Information No.0833 alleges a breach of Rule 528(1) of the New Zealand Rules of Racing, by Tony Quinton IHAKA, following random drug testing at the race meeting conducted by the Auckland Racing Club at Ellerslie on the 22^nd of July 2006.

The breach was admitted, and Chief Racecourse Inspector Mr JW McKenzie confirmed authority to bring the charge.

Mr McKenzie confirmed that the defendant had duly supplied a sample of urine which was processed under ID No.107212, and following analysis by the ESR a positive finding for Cannabis had been confirmed.

The defendant was advised of the positive finding and served with a stand-down notice.

When interviewed about the matter, he admitted using Cannabis but at first claimed he had consumed it two months prior to the testing at Ellerslie. Later when reminded he had been drug tested at the Cambridge meeting on 28 June 2006 and had tested negative he admitted his first answer had not been truthful and apologised for this. He then admitted he had been socialising prior to the Ellerslie meeting but had only taken one puff because, he said, he did not normally use cannabis when riding and thought it would not have had an affect on him.

He had since provided a clear sample and his licence had been reinstated. Mr McKenzie stated he had not previously appeared before the JCA on a matter such as this and could be treated as a first offender.

Mr Ihaka is a single man, residing in rented accommodation at Matamata.

Regarding the question of penalty, Mr McKenzie acknowledged that the defendant was a valued track rider with a promising future. He had commitments in Matamata as the only jumping rider based there and was relied on for the issue of jumping tickets.

Nevertheless, in line with established policy of NZTR, Mr McKenzie submitted that the matter should be dealt with by way of disqualification of three months to be consistent with previous decisions. He also asked that an order related to costs be made in respect of the re-testing and costs of NZTR.

Mr Ihaka confirmed his riding responsibilities at Matamata and urged the Committee not to impose a period of disqualification or suspension because of the financial hardship that would be imposed on him.

He also made reference to other cases where licensed persons, one a jockey and the other a licensed owner/ trainer had been charged with the use of cannabis and were fined, rather than suspended or disqualified and he thought that should apply in his case.

Mr McKenzie pointed out that the other cases could be distinguished on the basis that those offences related to the use of cannabis by persons engaged in track work and that different penalties applied to track riders in these circumstances.

In the case of the jockey Mr McKenzie pointed out that the rider concerned had not been race riding for some months and the events did not relate to race day activities as applied in Mr Ihaka's case.

The Committee has given careful consideration to the penalty issues raised by Mr Ihaka in this matter, and it believes that the other cases referred to can be distinguished on the basis that they relate to activities by track riders engaged in track work. Mr Ihaka's case was more serious, bearing in mind the responsibilities that licensed persons had for safety considerations which affected other riders as well as themselves, and for the integrity of racing.

The Committee has weighed up very carefully the possibility that there is financial hardship for the defendant in this case in facing a term of disqualification and the issue raised concerning track riders holding licenses. It accepts that these can be distinguished, as explained by Mr McKenzie, and is satisfied this does not justify departure in this case from NZTR policy. To depart from this would undoubtedly raise issues of inconsistency and affect achieving of its safety objectives.

Accordingly, the Committee is satisfied that a term of disqualification should be imposed. The defendant is disqualified for a period of three months from the conclusion of racing on Thursday the 10 August 2006 to enable him to fulfil any current riding engagements. In addition, he is ordered to pay $135 towards the cost of re-testing, $150 towards the costs of NZTR and $150 towards the costs of the JCA.

EF Doherty                                                            J Holloway

Chairman

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hearing_type: Old Hearing

Rules: 528.1

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