Non Raceday Inquiry – P Ormsby

ID: JCA20615

Hearing Type:
Old Hearing

Rules:
528.2, 1003.1, 1122.3

Hearing Type (Code):
thoroughbred-racing

Decision: --

The defendant is charged with a breach of Rule 528 (2) of the New Zealand Rules of Racing by Racecourse Inspector Mr BF McKenzie

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DECISION OF JUDICIAL COMMITTEE

The defendant is charged with a breach of Rule 528 (2) of the New Zealand Rules of Racing by Racecourse Inspector Mr BF McKenzie as follows:

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THAT on the 25^th day of July 2007, at Arawa Park, Rotorua, at the race meeting conducted by the Rotorua and Bay of Plenty Hunt Club, being a rider who, having been requested by a Racecourse Inspector to supply a sample of his urine, did fail to comply with such request AND THAT you committed a breach of Rule 528 (2) of the New Zealand Rules of Racing AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 (1) of the said
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Rules.

The defendant did not appear. By letter presented to the Judicial Committee dated the 3 August 2007, the defendant pleaded guilty to the charge.

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SUMMARY OF FACTS
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On Wednesday the 25^th July 2007, the Rotorua and Bay of Plenty Hunt Club conducted their annual race meeting at Arawa Park Racecourse in Rotorua.

NZTR Officials made a decision to conduct random drug testing of a certain number of riders who had declared rides at the meeting. Amongst those riders selected for testing were all amateur riders plus a small number of professional riders.

This was the first occasion that rider drug testing had been undertaken at this venue.

The Certificated Amateur Rider Patrick Ormsby was one of the riders selected for testing. He had the one declared ride at the meeting and this was in race three on the programme, which was the Amateur Rider event. The horse he was to ride was one trained by Kevin Myers.

It was only the defendant's second totalisator ride since being granted his amateur riders certificate on the 11^th July 2007.

At a time after the running of race three in which the defendant finished unplaced on the favourite in the race, the Racecourse Inspector spoke with the defendant near the male jockeys room at Arawa Park and informed him of the fact he had been selected for drug testing. The Inspector handed to the defendant a written notice which also had the current drug testing protocols attached to it.

The Inspector requested the defendant accompany him and he went with the defendant and pointed out to him the location of the Drug Testing Facility. The Inspector told him he must supply a sample of his urine before he left the Racecourse.

Prior to being served with the drug testing notice, and following the running of race three, when the defendant weighed in, he was found to be a kilo and a half light, and as a result inquiries were made and he was later charged with a breach of the rules in that regard.

At a time when the defendant was outside the Judicial Room awaiting his penalty for the weighing charge, the Inspector heard Trainer, Kevin Myers, ask the defendant if he had given his drug sample. He heard him tell Mr Myers he had not, and he heard Mr Myers tell him to go straight there and give his sample after the judicial hearing had finished.

At a later stage just after race nine on the programme, the Inspector learnt that the defendant had not reported to the nurse at the Drug Testing Station on the day. The Inspector then made a quick search of appropriate places on course and could not locate the defendant.

The Inspector then phoned the defendant on a mobile phone number obtained from NZTR records. He spoke with a person who identified himself as the defendant. He told the Inspector he was travelling home and was near Turangi. When asked why he hadn?t attended the Drug Testing Station to supply a urine sample, the defendant made some reply, which couldn?t be heard by the Inspector.

As a result of the defendants failure to attend the drug testing facility to supply a sample of his urine, the appropriate steps were immediately taken to have the Chief Executive of NZTR withdraw his amateur riders certificate and to issue a Stand Down notice in accordance with the Boards Directive. This notice was served on the defendant by a Racecourse Inspector on the 26^th July 2007.

On the 28^th July 2007, the defendant attended the races at Otaki and he supplied a sample of his urine to an authorised person.

The urine sample supplied by the defendant was forwarded to the ESR in Wellington. It was reported that the urine sample supplied by the defendant on the 28^th July 2007 was negative. The NZTR banning order was lifted.

The explanation of the defendant for failing to supply the urine sample is set out by him in his guilty plea letter of the 3^rd August 2007, which has been produced, to the judicial committee. In this letter he claims the only reason for not complying with the request was because of the transport situation he was in.

The defendant is a single man aged 17 years. His cousin is a Jockey and other relations work within the racing industry as stablehand/trackriders. Mr Ormsby is currently employed by trainers around the Wanganui area as a stablehand/trackwork rider.

Mr Ormsby had not been drug tested by NZTR previously, and he has not appeared previously before the JCA.

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PENALTY SUBMISSIONS
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The defendant made written submissions to the committee in the letter dated the 3 August 2007 in which he outlined his explanation and reasons for not supplying the urine sample as requested.

Mr Ormsby acknowledged that he had been served with a notice to attend the drug testing station and he had been taken and shown where the room was.

Mr Ormsby stated that he had obtained his amateur rider's license only in recent times and had just the one race day ride prior to Rotorua. He claimed that when he had received his license no one had explained anything to him with regards to the drug testing rules.

He also claimed that he had no transport of his own and on the race day had been reliant on travelling with other racing persons from Wanganui to Rotorua on the day in question. He stated that he had seen his travelling companions loading up the car ready to leave and if he had not gone with them he would have been stranded in Rotorua.

Mr Ormsby claimed he did not leave the course without supplying the sample because of any fear about testing positive to drugs and submitted that his clear sample test some days later proved this.

He submitted that his only income was from riding track work at Wanganui for trainers and that if disqualified he would have to go on a benefit.

For NZTR the Chief Racecourse Inspector Mr JW McKenzie accepted that amateur riders by the nature of their certification and background, did not receive the same exposure to documentation and notices and directives issued to professional riders and that NZTR will seek to address this aspect.

He did submit that on the day the defendant received a written notice with the protocols attached that clearly set out the obligations on a rider.

It was submitted on behalf of NZTR that the defendant's explanation about his dilemma about his transport problems had a ring of truth to it but that he could not be excused from at least seeking the permission of an official rather than just leaving the course.

It was submitted by NZTR that the judicial committee should have regard to all of the circumstances of this case including the defendant's explanation, his recent certification as a rider in July 2007, the lack of supplied protocols to amateurs and the defendant's total co-operation with the Inspectors.

It was further submitted that in this case because of those special one off factors, NZTR would concede that a departure from the normal three months disqualification could be considered and submitted that the defendant be disqualified for a period of two months plus sought costs in this matter.

On behalf of the defendant the committee also received and considered a letter in support from Trainer, Wayne Marshment from Wanganui.

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PENALTY:
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Having pleaded guilty the Judicial Committee were required to determine the type and quantum of penalty. The penalty provisions for a breach of Rule 528 (2) are set out in Rule 1003 (1) and allow for a period of disqualification not exceeding one year, a period of suspension for a period not exceeding one year and/or be fined a sum not exceeding $10,000.00.

The question of costs is covered by Rule 1122 (3).

The Committee carefully considered all evidence and the written and oral submissions from the Chief Racecourse Inspector, Mr JW McKenzie, the defendant, Mr P Ormsby, and trainer, Mr W Marshment.

It is clear to the committee that Mr Ormsby was properly served a drug testing notification form and shown the testing room by Racecourse Inspector, Mr BF McKenzie. Mr Ormsby's only explanation for his failure to supply a urine sample was that his only lift home to Wanganui was leaving at a time that precluded him from providing a sample.

We are also mindful that two days later he provided a clear sample. Regardless of this fact he is charged with failing to supply a urine sample upon the request of a Racecourse Inspector.

In imposing a penalty we have also taken into account his early guilty plea, full co-operation with the investigation, his amateur status and associated lack of experience.

Accordingly, we impose a two-month disqualification on Mr Ormsby, commencing from the 14th August 2007, up to and including the 14^th October 2007.

In addition, we impose an order for costs of - $68 ESR Analysis, $100 NZTR costs and $150 JCA costs.

RM Seabrook

Chairman

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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: 6ca8be624cdb8f6e7eaecfaa4c354962

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non Raceday Inquiry - P Ormsby

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The defendant is charged with a breach of Rule 528 (2) of the New Zealand Rules of Racing by Racecourse Inspector Mr BF McKenzie

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DECISION OF JUDICIAL COMMITTEE

The defendant is charged with a breach of Rule 528 (2) of the New Zealand Rules of Racing by Racecourse Inspector Mr BF McKenzie as follows:

The defendant did not appear. By letter presented to the Judicial Committee dated the 3 August 2007, the defendant pleaded guilty to the charge.

--
SUMMARY OF FACTS
--
--
--

On Wednesday the 25^th July 2007, the Rotorua and Bay of Plenty Hunt Club conducted their annual race meeting at Arawa Park Racecourse in Rotorua.

NZTR Officials made a decision to conduct random drug testing of a certain number of riders who had declared rides at the meeting. Amongst those riders selected for testing were all amateur riders plus a small number of professional riders.

This was the first occasion that rider drug testing had been undertaken at this venue.

The Certificated Amateur Rider Patrick Ormsby was one of the riders selected for testing. He had the one declared ride at the meeting and this was in race three on the programme, which was the Amateur Rider event. The horse he was to ride was one trained by Kevin Myers.

It was only the defendant's second totalisator ride since being granted his amateur riders certificate on the 11^th July 2007.

At a time after the running of race three in which the defendant finished unplaced on the favourite in the race, the Racecourse Inspector spoke with the defendant near the male jockeys room at Arawa Park and informed him of the fact he had been selected for drug testing. The Inspector handed to the defendant a written notice which also had the current drug testing protocols attached to it.

The Inspector requested the defendant accompany him and he went with the defendant and pointed out to him the location of the Drug Testing Facility. The Inspector told him he must supply a sample of his urine before he left the Racecourse.

Prior to being served with the drug testing notice, and following the running of race three, when the defendant weighed in, he was found to be a kilo and a half light, and as a result inquiries were made and he was later charged with a breach of the rules in that regard.

At a time when the defendant was outside the Judicial Room awaiting his penalty for the weighing charge, the Inspector heard Trainer, Kevin Myers, ask the defendant if he had given his drug sample. He heard him tell Mr Myers he had not, and he heard Mr Myers tell him to go straight there and give his sample after the judicial hearing had finished.

At a later stage just after race nine on the programme, the Inspector learnt that the defendant had not reported to the nurse at the Drug Testing Station on the day. The Inspector then made a quick search of appropriate places on course and could not locate the defendant.

The Inspector then phoned the defendant on a mobile phone number obtained from NZTR records. He spoke with a person who identified himself as the defendant. He told the Inspector he was travelling home and was near Turangi. When asked why he hadn?t attended the Drug Testing Station to supply a urine sample, the defendant made some reply, which couldn?t be heard by the Inspector.

As a result of the defendants failure to attend the drug testing facility to supply a sample of his urine, the appropriate steps were immediately taken to have the Chief Executive of NZTR withdraw his amateur riders certificate and to issue a Stand Down notice in accordance with the Boards Directive. This notice was served on the defendant by a Racecourse Inspector on the 26^th July 2007.

On the 28^th July 2007, the defendant attended the races at Otaki and he supplied a sample of his urine to an authorised person.

The urine sample supplied by the defendant was forwarded to the ESR in Wellington. It was reported that the urine sample supplied by the defendant on the 28^th July 2007 was negative. The NZTR banning order was lifted.

The explanation of the defendant for failing to supply the urine sample is set out by him in his guilty plea letter of the 3^rd August 2007, which has been produced, to the judicial committee. In this letter he claims the only reason for not complying with the request was because of the transport situation he was in.

The defendant is a single man aged 17 years. His cousin is a Jockey and other relations work within the racing industry as stablehand/trackriders. Mr Ormsby is currently employed by trainers around the Wanganui area as a stablehand/trackwork rider.

Mr Ormsby had not been drug tested by NZTR previously, and he has not appeared previously before the JCA.

--
PENALTY SUBMISSIONS
--

The defendant made written submissions to the committee in the letter dated the 3 August 2007 in which he outlined his explanation and reasons for not supplying the urine sample as requested.

Mr Ormsby acknowledged that he had been served with a notice to attend the drug testing station and he had been taken and shown where the room was.

Mr Ormsby claimed he did not leave the course without supplying the sample because of any fear about testing positive to drugs and submitted that his clear sample test some days later proved this.

He submitted that his only income was from riding track work at Wanganui for trainers and that if disqualified he would have to go on a benefit.

He did submit that on the day the defendant received a written notice with the protocols attached that clearly set out the obligations on a rider.

On behalf of the defendant the committee also received and considered a letter in support from Trainer, Wayne Marshment from Wanganui.

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PENALTY:
--
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The question of costs is covered by Rule 1122 (3).

The Committee carefully considered all evidence and the written and oral submissions from the Chief Racecourse Inspector, Mr JW McKenzie, the defendant, Mr P Ormsby, and trainer, Mr W Marshment.

We are also mindful that two days later he provided a clear sample. Regardless of this fact he is charged with failing to supply a urine sample upon the request of a Racecourse Inspector.

In imposing a penalty we have also taken into account his early guilty plea, full co-operation with the investigation, his amateur status and associated lack of experience.

Accordingly, we impose a two-month disqualification on Mr Ormsby, commencing from the 14th August 2007, up to and including the 14^th October 2007.

In addition, we impose an order for costs of - $68 ESR Analysis, $100 NZTR costs and $150 JCA costs.

RM Seabrook

Chairman

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sumissionsforpenalty:

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hearing_type: Old Hearing

Rules: 528.2, 1003.1, 1122.3

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Archive Decision

Non Raceday Inquiry – P Ormsby

JCA Decision Fields (raw)

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