Non Raceday Inquiry – PG Cunningham
ID: JCA20084
Hearing Type (Code):
thoroughbred-racing
Decision: --
Information No. 0835 alleges a breach of Rule 528(1) of the New Zealand Rules of Racing, by Peter Gordon CUNNINGHAM following a routine test carried out at the Ellerslie Racecourse on the 22 July 2006.
--
DECISION OF JUDICIAL COMMITTEE
--Information No. 0835 alleges a breach of Rule 528(1) of the New Zealand Rules of Racing, by Peter Gordon CUNNINGHAM following a routine test carried out at the Ellerslie Racecourse on the 22 July 2006.
--The breach was admitted, and Chief Racecourse Inspector, Mr JW McKenzie confirmed the authority to bring the charge. Mr McKenzie produced a note from Mr Cunningham explaining that he was unable to attend the hearing due to flooding, but indicated he was happy for the matter to go ahead in his absence, and that he pleaded guilty to the breach of Rule 528(1).
--A sample of urine was supplied following random drug testing at the Ellerslie Racecourse, and upon analysis by the ESR, it was found that Sample No. ID107223 for Peter Gordon CUNNINGHAM had tested positive to Cannabis.
--On the 26 July 2006 the defendant was advised of the positive finding, and served with a stand-down notice. He has not since been re-tested.
--When interviewed he admitted using cannabis but claimed he had consumed it two weeks prior to being tested at Ellerslie.
--Submissions on Penalty:
--Mr McKenzie noted that he had recently come back to riding but could be treated as a first offender. Mr Cunningham is a single man, aged about 30 years, and would have been well aware of the consequences for a breach of this nature.
--As a first offender it was submitted that in line with NZTR's policy a disqualification of three months was sought together with a contribution to costs of $150.
--Penalty:
--The Committee accepted Mr McKenzie's submissions and accordingly ordered that Mr Peter Gordon CUNNINGHAM be disqualified for a period of three months from the 8th of August 2006, and be ordered to pay the sum of $135 towards re-testing costs and $150 towards the costs of NZTR, and a further $150 towards the costs of the JCA.
----
EF Doherty J Holloway
--Chairman
--
Decision Date: 01/01/2001
Publish Date: 01/01/2001
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.
hearingid: 34f2a4ecbae55303ea8647bbbf2d6a39
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non Raceday Inquiry - PG Cunningham
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Information No. 0835 alleges a breach of Rule 528(1) of the New Zealand Rules of Racing, by Peter Gordon CUNNINGHAM following a routine test carried out at the Ellerslie Racecourse on the 22 July 2006.
--
DECISION OF JUDICIAL COMMITTEE
--Information No. 0835 alleges a breach of Rule 528(1) of the New Zealand Rules of Racing, by Peter Gordon CUNNINGHAM following a routine test carried out at the Ellerslie Racecourse on the 22 July 2006.--The breach was admitted, and Chief Racecourse Inspector, Mr JW McKenzie confirmed the authority to bring the charge. Mr McKenzie produced a note from Mr Cunningham explaining that he was unable to attend the hearing due to flooding, but indicated he was happy for the matter to go ahead in his absence, and that he pleaded guilty to the breach of Rule 528(1).
--A sample of urine was supplied following random drug testing at the Ellerslie Racecourse, and upon analysis by the ESR, it was found that Sample No. ID107223 for Peter Gordon CUNNINGHAM had tested positive to Cannabis.
--On the 26 July 2006 the defendant was advised of the positive finding, and served with a stand-down notice. He has not since been re-tested.
--When interviewed he admitted using cannabis but claimed he had consumed it two weeks prior to being tested at Ellerslie.
--Submissions on Penalty:
--Mr McKenzie noted that he had recently come back to riding but could be treated as a first offender. Mr Cunningham is a single man, aged about 30 years, and would have been well aware of the consequences for a breach of this nature.
--As a first offender it was submitted that in line with NZTR's policy a disqualification of three months was sought together with a contribution to costs of $150.
--Penalty:
--The Committee accepted Mr McKenzie's submissions and accordingly ordered that Mr Peter Gordon CUNNINGHAM be disqualified for a period of three months from the 8th of August 2006, and be ordered to pay the sum of $135 towards re-testing costs and $150 towards the costs of NZTR, and a further $150 towards the costs of the JCA.
----
EF Doherty J Holloway
--Chairman
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 528.1
Informant:
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