Non Raceday Inquiry NZTR v SB Smith 25 September 2009 decision

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hearing_title: Non Raceday Inquiry NZTR v SB Smith 25 September 2009 decision

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Decision:

NZTR v SHANE BLAKELY SMITH

NON RACEDAY JUDICIAL COMMITTEE: Mr BJ Scott Chairman, Mr JN Holloway

PRESENT:   Mr Bryan McKenzie, Racecourse Inspector
                       Mr John Oatham, Senior Stipendiary Steward
                       Mr SB Smith
                       Mr G McLeod

DECISION OF JUDICIAL COMMITTEE

25th September 2009

1. NATURE OF THE CHARGE

1.1 Mr Smith is charged that on Monday the 14th day of September 2009 at the Te Aroha Racecourse, being a registered Trackwork Rider he provided a urine sample which on analysis was found to contain the prohibited drug Cannabis.  Mr Smith therefore committed a breach of Rule 528 (1) of the New Zealand Rules of Racing and he is accordingly liable to the penalty or penalties which may be imposed upon him pursuant to the provisions of Rule 1003 (1) of the said rules.

NZTR v SHANE BLAKELY SMITH

NON RACEDAY JUDICIAL COMMITTEE: Mr BJ Scott Chairman, Mr JN Holloway

PRESENT:   Mr Bryan McKenzie, Racecourse Inspector
                       Mr John Oatham, Senior Stipendiary Steward
                       Mr SB Smith
                       Mr G McLeod

DECISION OF JUDICIAL COMMITTEE

25th September 2009

1. NATURE OF THE CHARGE

1.1 Mr Smith is charged that on Monday the 14th day of September 2009 at the Te Aroha Racecourse, being a registered Trackwork Rider he provided a urine sample which on analysis was found to contain the prohibited drug Cannabis.  Mr Smith therefore committed a breach of Rule 528 (1) of the New Zealand Rules of Racing and he is accordingly liable to the penalty or penalties which may be imposed upon him pursuant to the provisions of Rule 1003 (1) of the said rules.

1.2 Rule 528 (1) provides: “Every rider or Stablehand who, having been required by Stipendiary Steward or Racecourse Inspector or Judicial Committee to supply a sample of his blood, breath, urine, saliva or sweat (or more than 1 thereof) which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substance or diuretic and/or its metabolites, artefacts or isomers, commits a breach of this Rule”.

1.3 Mr Smith admitted the breach of the charge.  He further acknowledged that he had received a copy of Rules 528 (1) and 1003 (1) and that he understood these Rules.

2 FACTS

2.1 Mr McKenzie presented to this Committee a Summary of Facts which stated that on Monday the 14th of September 2009, NZTR Officials conducted random drug testing on a number of Trackwork Riders who were involved in riding horses at the Te Aroha Racecourse that day.  Mr Shane Smith was one of those riders selected for testing and he was approached by Senior Stipendiary Steward Mr Oatham at approximately 7.30am when exiting from the track on a horse and was verbally informed that he was required to undergo testing.  At the same time, Mr Smith was personally handed by Mr Oatham a written notice to that affect.

Mr Smith later presented himself to the drug testing station and there supplied to the authorised person a sample of his urine.  That sample was subsequently declared by the ESR Laboratory in Wellington to be positive for Cannabis use. 

2.2 Cannabis is a controlled drug within the meaning of the Misuse of Drugs Act 1975.

2.3 Mr McKenzie provided to this Committee written authority from the Chief Executive of NZTR to proceed with the charge against Mr Smith and further he provided copies of the initial ESR drug testing certificate and also the ESR Report. 

Mr McKenzie also provided to this Committee a copy of the Stand Down Notice given to Mr Smith on the 16th of September 2009.

2.4 Mr McKenzie also advised this Committee that Mr Smith was very apologetic and contrite when advised of the positive result of the sample.  Further to that Mr McKenzie advised that Mr Smith had been very co-operative throughout the enquiry process and of course Mr Smith is present today.

2.5 Mr Smith for his part accepts the facts as presented by Mr McKenzie and he readily admits his guilt.

3. PENALTY SUBMISSIONS BY NZTR

3.1  Mr McKenzie made written submissions to this Committee on penalty.  The first submission was that Mr Smith appears before this Committee on a serious charge pursuant to the NZ Rules of Racing.

3.2 Mr McKenzie referred to the drug testing regime which had been put in place in an effort for the safety of riders and horses by protecting them from the dangers involved in riders being involved riding horses whilst under the influence of illicit drugs.  The drug testing regime is also aimed at protecting the integrity of the Thoroughbred Racing industry and this sentiment is fully endorsed by this Committee.

3.3 Mr McKenzie stated that throughout the years there had been a consistent level of penalties sought by NZTR for breaches of drug rules involving riders and he pointed to the fact that licensed professional Riders who test positive for Cannabis have been given a three (3) month period of disqualification plus costs for some years.

Mr McKenzie did advise this Committee that lately for registered Trackwork Riders who have tested positive to Cannabis that a term of one (1) months suspension of licence has been sought by NZTR.  The most recent case was that of NZTR v B on the 10th of August 2009 and in that case the rider had his licence suspended for twenty eight (28) days.

3.4 Mr McKenzie also advised this Committee that as a matter of policy NZTR does not treat Trackwork Riders the same as licensed professional Jockeys.  NZTR takes the view that a professional licensed Rider has a far greater responsibility and liability than a Trackwork Rider.

3.5 Mr McKenzie submitted on behalf of NZTR that taking all factors of this case into account including the sentencing principles of Mr Justice Gendall in the case of NZTR v P  that a penalty of four (4) weeks suspension from the 16th of September 2009 be imposed plus an award of $200.00 in costs. 

4. PENALTY SUBMISSIONS BY MR SB SMITH

4.1 Mr Smith for his part was certainly contrite and remorseful for what he had done and for the position that he now found himself in.

4.2 Mr Smith advised this Committee that he was not only sorry for what he had done but also for the people that he had let down.

4.3 Mr Smith also referred to the case of NZTR v B and asked this Committee for consistency in penalty.

4.4 Mr Smith presented a written reference from a local Trainer in Te Aroha in support of him.

5. PENALTY SUBMISSIONS BY G MCLEOD

5.1 Mr McLeod appears at this Hearing in support of Mr Smith.  He tells this Committee that he is the Manager of a Training establishment in Te Aroha for which Mr Smith rides 70% of their horses in track work.  Mr McLeod advised this Committee that Mr Smith is a very conscientious and hardworking Trackwork Rider and he is an integral part of the training business.

5.2 Mr McLeod advised that Mr Smith had been riding trackwork for two (2) years for them and he had no hesitation in supporting him.

5.3 Mr McLeod also advised this Committee that it was very hard to get Trackwork Riders at Te Aroha and any suspension of Mr Smith’s licence will have an impact on the local trainers in Te Aroha.  It is good for Mr Smith to be present to hear this submission.

6. DECISION AND PENALTY

6.1 Mr Smith has a good record.  He told this Committee that he had smoked Cannabis during the previous weekend after he had attended the rugby Test in Hamilton on Saturday night the 12th of September 2009.

Mr Smith is obviously contrite and this Committee hopes that he learns from this experience. 

6.2 The Committee however pointed out to Mr Smith the dangers of riding horses when having illicit drugs in his system.  It was pointed out to him that he could potentially be on the receiving end of an accident caused by another Trackwork Rider with illicit drugs in his system.  Mr Smith realises the dangers in this area.

6.3 This Committee however is conscious of the need to deter persons licensed under the Rules of Racing from using prohibited drugs.  Persons who use drugs not only put themselves at risk but also horses and participants in the industry.  This Committee is also aware of the sentencing principles stated by Mr Justice Gendall in the 1994 decision of NZTR v P.  It is clear that any penalty should not only reinforce the potentially serious nature of the offending but should also be a deterrent to others.

6.4 Mr McKenzie has asked for a four (4) weeks suspension of Mr Smith’s Licence and has asked that the suspension begin from the 16th September 2009 which is the date of the Stand Down Notice given to Mr Smith.  Mr McKenzie has referred us to NZ Thoroughbred Racing Policy in these matters and this Committee has some difficulty with the level of suspension asked for and also for the fact that this Committee is asked to impose the suspension which begins on the 16th of September 2009.  

6.5 It is this Committee’s view that a suspension at this level might not be seen to be a sufficient deterrent and this is a matter for the NZTR policy makers to look at.

6.6 Rule 1003 does allow this Committee to impose a considerable range of penalties and also the JCA Guidelines suggest penalties of a $1,000.00 fine and/or a three (3) months disqualification.

6.7 In imposing penalty this Committee takes into account the submissions of all of the parties, takes into account Mr Smith’s good record and his full co-operation in not only providing a sample but his co-operation with the enquiry, his remorse for the position that he had put himself in and also for those that he had let down, the submissions in support.  This Committee is also mindful of the need for consistency in penalties.

6.8 The Committee therefore imposes a one (1) month suspension of Mr Smith’s Trackwork Licence from the 16th of September 2009 to the 16th of October 2009.

In addition to that there will be an order that Mr Smith pay costs of $200.00 payable to NZTR and $200.00 to the Judicial Control Authority.

         
BJ Scott              JN Holloway
Chairman           Committee
     

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hearing_type: Old Hearing

Rules: 528.1, 1003.1

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