Non Raceday Inquiry – NZTR v R Stam 13 June 2009 decision

hearingid: defd0c4d6d9792837efa84c45db4d6bb

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non Raceday Inquiry - NZTR v R Stam 13 June 2009 decision

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BEFORE THE JUDICIAL CONTROL AUTHORITY

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING

BETWEEN   R.Neal Senior Stipendiary Steward
                      Informant
         
AND   R.Stam
           Defendant

HEARING:                         Saturday June 13th 2009 at Awapuni

JUDICIAL COMMITTEE: N.Moffatt (Chairman)
                                            B.Holland                   

IN ATTENDANCE:           R.Neal (Senior Stipendiary Steward)   
                                            R.Sanders (Registrar) 

DATE OF DECISION:     24 June 2009

An Information alleging a breach of the Rules was lodged by Senior Stipendiary Steward Mr R.Neal.
The charge against Mr R.Stam reads as follows:

THAT on the 1st day of June 2009 at the Foxton racecourse licensed jockey Ronald Stam was requested by a Stipendiary Steward to supply a sample of his urine for testing. Upon analysis the sample was found to contain the controlled drugs cannabis as defined in the Misuse of Drugs Act 1975. Accordingly you committed a breach of Rule 528 (1) of the New Zealand Rules of racing and thereby you are liable to the penalties which may be imposed upon you pursuant to Rule 1003 (1) of the said rules.

BEFORE THE JUDICIAL CONTROL AUTHORITY

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING

BETWEEN   R.Neal Senior Stipendiary Steward
                      Informant
         
AND   R.Stam
           Defendant

HEARING:                          Saturday June 13th 2009 at Awapuni

JUDICIAL COMMITTEE:  N.Moffatt (Chairman)
                                             B.Holland                   

IN ATTENDANCE:            R.Neal (Senior Stipendiary Steward)   
                                             R.Sanders (Registrar) 

DATE OF DECISION:      24 June 2009

An Information alleging a breach of the Rules was lodged by Senior Stipendiary Steward Mr R.Neal.
The charge against Mr R.Stam reads as follows:

THAT on the 1st day of June 2009 at the Foxton racecourse licensed jockey Ronald Stam was requested by a Stipendiary Steward to supply a sample of his urine for testing. Upon analysis the sample was found to contain the controlled drugs cannabis as defined in the Misuse of Drugs Act 1975. Accordingly you committed a breach of Rule 528 (1) of the New Zealand Rules of racing and thereby you are liable to the penalties which may be imposed upon you pursuant to Rule 1003 (1) of the said rules.

Rule 528 (1) states:
Every rider or stablehand who, having been required by a Stipendiary Steward or Racecourse Inspector or Judicial Committee to supply a sample of his 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 substance or diuretic and/or its metabolites, artifacts or isomers, commits a breach of this Rule.

Mr Stam signed information no. 6734 acknowledging he admitted the breach of the rule and on two separate occasions confirmed with the Stipendiary Stewards that he would be attending the hearing scheduled for 10.30am at Awapuni Racecourse on Saturday June 13th.

Mr Stam, however, failed to appear and did not answer his cell phone when rung by the Stewards.

Mr Neal managed to contact Mr Stam’s partner, licensed trainer Ms Shannon Campbell who told Mr Neal that Mr Stam would not be attending but volunteered no reasons.

Mr Neal submitted that the hearing proceed without Mr Stam as he had been given adequate notice of the day and time.

The committee made the decision to delay the hearing until 2pm in case Mr Stam had encountered genuine difficulties with getting to the racecourse. Mr Neal contacted his partner a second time and asked her to relay this message to Mr Stam.

At 2pm Mr Stam had still not appeared so the committee, after weighing up all the factors, elected to proceed with the hearing in his absence.

It was our opinion that Mr Stam had been given every opportunity to attend. The hearing had already been delayed approximately five hours and if it was to be adjourned to another day there would be substantial costs incurred. It was also noted that on a previous occasion last year at Greymouth Mr Stam had elected not to attend a judicial hearing relating to a careless riding charge.

SUMMARY OF FACTS

On Monday June 1st 2009 (Queen’s Birthday) Mr Stam was a licensed jockey riding at the Foxton races at a meeting held by the Foxton Racing Club. He was one of a random group of riders asked to provide a urine sample for the purpose of drug testing. Despite being given written notice at 1.30pm of the requirement for a urine sample Mr Stam was unable to provide a sufficient amount until 5.47pm.

This sample was delivered to the ESR laboratories on Tuesday June 2nd 2009 and NZTR was advised on the 4th June that it had tested positive for the drug cannabis.
Senior Stipendiary Steward Mr Neal met with Mr Stam on Friday June 5th at the offices of the Foxton Racing Club notifying him of the result and serving him with a letter advising him that his license to ride had been withdrawn under Rule 528A(1).

Mr Stam readily admitted he had used cannabis on one occasion on or around the 25th May 2009 at a social event. He said it was a foolish mistake and that he knew of the possible consequences. He was formally charged with a breach of Rule 528 (1) on Wednesday 10th June.

Mr Neal provided an authority to prosecute from Mr Campbell Moncur the acting Chief Executive of NZ Thoroughbred Racing.

PENALTY SUBMISSIONS

Mr Neal read from prepared written submissions. New Zealand Thoroughbred Racing has been randomly testing riders on race day for 15 years for the purpose of maintaining the health and safety of all riders and to preserve the integrity of racing in New Zealand.

He emphasized NZTR’s drug free policy and zero tolerance to illicit drugs whether it is at races, trials or during track work.

Mr Neal said that jockeys were no different to other sportsmen and women in that they had to maintain high levels of strength and stamina and that the use of illicit drugs could affect their performance either positively or negatively.

Mr Neal submitted that the penalty imposed should clearly reflect the disapproval and disdain of the racing industry towards drugs in racing.

 He produced a table outlining other penalties handed down for breaches of rule 528 (1), specific to the drug cannabis, which demonstrated an average period of disqualification of 3 months.

Mr Stam has had no previous charges under this rule.

Mr Neal concluded his submissions by saying that Mr Stam is an experienced rider and should be well aware of his obligations to remain drug free.

He readily admitted the breach and up until today had cooperated fully with the Stewards however Mr Neal submitted that Mr Stam’s penalty should be longer than the average due to his no-show at today’s hearing which indicated disdain and a lack of respect towards the committee.

PENALTY

Rule 1003 (1) states:
Every person who or body or other entity (not being a Club) which commits or is deemed to have committed a breach of these Rules or any of them, or any sub-Rule of any of them for which no penalty is provided elsewhere in these Rules shall be liable to:
(a) Be disqualified for a period not exceeding twelve months; or
(b) Suspended from holding or obtaining a licence, permit, certificate or registration for a period not exceeding twelve months. If a licence, permit, certificate or registration is renewed during a term of suspension, then the suspension shall continue to apply to the renewed licence, permit, certificate or registration; and/or
(c) A fine not exceeding $10,000.

The committee had careful consideration to all of the submissions put before it.

 We have had regard to:
- Mr Stam’s full and frank admittance of the breach.
- His record having no previous breaches of this rule.
- Other penalties concerning jockeys with positives to cannabis.

 Drugs in racing will not be tolerated and the penalty imposed must show disapproval and must act as a deterrent to others.

This hearing was scheduled for a race day to save the defendant costs and the failure of Mr Stam to attend, despite assuring the Stewards that he would, has demonstrated a disappointing and cavalier attitude by him. This attitude and apparent lack of remorse has been reflected in the penalty.

Mr Stam is disqualified for four months from Sunday June 14th 2009 until October 14th 2009, both dates inclusive.
There is no order for costs.

N.Moffatt
B.Holland

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hearing_type: Old Hearing

Rules: 528.1, 1003.1, 528A.1

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