Non-Raceday Inquiry – WJ McGowan

hearingid: 89b9e4b98817209dee63d56f42df5f71

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non-Raceday Inquiry - WJ McGowan

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Wendy Jane McGowan is a unlicensed track rider. She is charged with a breach of Rule 528(1) of the New Zealand Rules of Racing.

BEFORE A JUDICIAL COMMITTEE

AT TAURANGA

IN THE MATTER of a charge against

Wendy Jane McGOWAN, Track Rider, that she breached Rule 528(1)

of the New Zealand Rules of Racing

Date of Hearing:    10 January 2007

Venue:              Gate Pa Racecourse, Tauranga 

Judicial Committee: Mr RM Seabrook (Chairman)

                    Mr BR Tims

Present:            Mr BF McKenzie, Racecourse Inspector

                    Informant

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DECISION OF THE JUDICIAL COMMITTEE

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Wendy Jane McGowan is a unlicensed track rider. She is charged with a breach of Rule 528(1) of the New Zealand Rules of Racing.

"Every rider or stablehand who having been required by a stipendiary steward or racecourse inspector or judicial committee to supply a sample of their blood, breath, urine, saliva or sweat (or more than one thereof), which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substances commits a breach of this rule."

Ms McGowan did not appear. Mr McKenzie confirmed the personal service on Ms McGowan of the notice of charge and advised that she had failed to appear on the 2^nd January 2007 at Gate Pa Racecourse which was the date set down for the first hearing as indicated on the notice of charge. Mr McKenzie informed the Committee she had been written to and advised of the new date.

Mr McKenzie made application for the matter to proceed and referred the Committee to the appropriate wording on the notice of charge. He submitted that neither the JCA nor NZTR had received any application from the Defendant for either an application for adjournment nor any reasons for her non attendance on the date of the adjourned hearing the 10^th January 2007.

The Committee taking into account the facts and submissions before them ruled the matter proceed in the absence of the Defendant.

Mr McKenzie produced authority to prosecute pursuant to Rule 1103(4)(d). He also produced the ESR Analysts Certificate in the name of Wendy McGowan confirming the positive finding.

The charge against the Defendant involved a breach of Rule 528(1), namely, that on Monday the 11^th day of December 2006 at Gate Pa Racecourse, being a rider, who having been requested by a racecourse inspector to supply a sample of her urine which was found upon analysis to contain the controlled drug cannabis.

The penalty provisions of Rule 1003(1) of the New Zealand Rules of Racing apply to this matter.

Statement of Facts:

On Monday the 11^th of December 2006, NZTR officials conducted drug testing of track riders who rode track work at the Gate Pa Racecourse on that morning. A total of nine riders supplied urine samples, which were forwarded to the ESR in Wellington for analysis.

This defendant was one of the riders selected and who supplied a urine sample. By a Certificate of Analysis, the ESR advised the urine sample of this defendant as being positive to cannabinoids at a level greater than 15 nanograms per millilitre which is the minimum level set by International Authorities and Accredited Laboratories for declaration of a positive to such drug.

Cannabis is a class C drug within the meaning of the Misuse of Drugs Act 1975.

As a result the defendant was served with a stand down notice which remains in effect until a clear urine sample is supplied to NZTR.

When spoken to by the racecourse inspector, the defendant frankly admitted the use of cannabis in days leading up to the day of testing.

The defendant has not previously appeared before the JCA.

Mr BF McKenzie submitted the following ?

Drug testing of riders is an important aspect of the NZ Thoroughbred Industry. It is carried out for reasons of maintaining the integrity of the industry and equally importantly for reasons of maintaining health and safety in the workplace.

The Board of NZTR has a drugs free policy in terms of all riders whether they be riding in races or riding horses in track work. Racing Clubs who operate training facilities have a responsibility to provide a drug and alcohol free working environment.

In addition to the integrity and workplace safety aspects, of importance also is the fact that trainers and riders have a responsibility to the owners of valuable thoroughbred horses to ensure the horse itself is not placed in danger by having on its back a rider who has in their system illicit drugs pursuant to the Misuse of Drugs Act 1975.

The penalty for a licensed rider who tests positive whilst race riding has for several years now been one of disqualification for three months for cannabis. NZTR will in the future be seeking lengthier penalties for class A drugs such as Methamphetamine.

Track work riders have for their first offence, normally attracted a fine in the region of $400. The most recent fines imposed by the JCA were for that amount, plus costs. A unlicensed track work rider needs to be reminded that a second conviction for drugs is likely to attract a period of disqualification.

Mr Mckenzie submitted that the Defendant by her failure to attend a Judicial hearing without reason or explanation displayed disregard for the Racing Industry and the Judicial system and he sought a period of disqualification for three months plus costs against this Defendant.

The Committee having considered all evidence and submissions before it find the charge under Rule 528(1) proved. On the question of penalty the Committee accept the submission made by Mr McKenzie and accordingly disqualify the Defendant for a period of three months as from the 10^th January 2007.

The Defendant is also ordered to pay costs of $200 to New Zealand Thoroughbred Racing.

RM Seabrook

Chairman

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hearing_type: Old Hearing

Rules: 528.1, 1103.4.d, 1003.1

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