Non Raceday Inquiry – NZTR v P Hohepa – 3 May 2010 – Decision

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hearing_title: Non Raceday Inquiry - NZTR v P Hohepa - 3 May 2010 - Decision

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IN THE MATTER OF THE NEW ZEALAND RULES OF RACING BETWEEN:

INFORMANT:  Mr B F McKenzie, Racecourse Inspector

DEFENDANT:  Mr Paul Hohepa, licensed track work rider.

ALSO PRESENT:  Mr J W McKenzie, Chief Racecourse Inspector

HEARING:  Te Rapa Racecourse   3 May 2010 at 11.00 am

JUDICIAL COMMITTEE:  RM SEABROOK (Chairman)          B Scott

The Defendant, Paul Hohepa, appeared before the JCA on a charge filed against him by Racecourse Inspector, Mr B F McKenzie.   The charge comes pursuant to Rule 656 (3).

The defendant, who appeared on his own behalf, acknowledged receipt of the documents relating to the charge.  He informed the Committee he understood the charge and accordingly entered a guilty plea.

The charge reads as follows:

THAT on Monday 19^th April 2010 at Cambridge, being a rider who, having been requested by an Investigator to supply a sample of his urine which was found, upon analysis, to contain the controlled drug Cannabis as defined in the Misuse of Drugs Act 1975, committed a breach of Rule 656 (3) of the New Zealand Rules of Racing AND THAT you are thereby liable to the penalty or penalties which may be imposed upon your pursuant to the provisions of Rule 803 of the said Rules.

SUMMARY OF FACTS presented by Mr J McKenzie:

1.       On Monday morning the 19^th April 2010, NZTR officials conducted drug testing procedures on a number of track riders who were involved in riding horses at the Cambridge Jockey Club Training centre that day.

2.       Licensed Track Rider Paul Hohepa was one of the riders selected to undergo the testing.  He was handed written request to that effect by an Investigator.

3.       Later that morning Paul Hohepa presented himself to the drug testing station and there supplied to the authorised person a sample of his urine.

4.       The sample along with all other samples taken that day was forwarded to the ESR Laboratory in Wellington.  By certificate dated the 21 April 2010, the ESR declared that the urine sample in the name of Paul Hohepa was a positive result for Cannabis.

5.       On the 21 April, 2010, Paul Hohepa was handed a copy of the ESR Certificate and also handed a stand down notice in terms of Rule 657.

6.       He is a single man, aged 26 years.  He was previously a licensed Class B Miscellaneous Track Rider with NZTR but at the time of this matter had not renewed for the current season.

7.       The Defendant has not previously appeared before the JCA on any matter.

PENALTY SUBMISSIONS    presented by Mr J McKenzie 3 May 2010

1.       NZTR’s policy on drugs is well established and has been made known to all stakeholders and licensed persons, particularly riders.

2.        The adverse publicity that is associated with drug offences does nothing to enhance the good image of racing.

3.       The primary purpose that NZTR has a drug policy is based on safety.  Safety of the rider, the safety of other riders, the safety of the rider’s mount and all other horses in the direct company of any rider under the influence of drugs.

4.       NZ Statutory Law, the Occupational, Safety and Health Act require employers and parent organisations under which an employee is regulated, i.e. by way of license, to ensure any danger is removed from the work place.

5.       The presence of drugs and those under the influence are deemed a safety issue, and where suspected or where it is apparent, must be removed.

6.       This Defendant has breached not only the Rules of Racing, but also the Criminal Law – Misuse of Drugs Act 1975.

7.       The principles for sentencing are clearly set out in two leading cases. – 1994 Appeal Hearing NZTR v P and Judicial Committee decision 2009 – NZTR v C

8.       The Defendant has pleaded guilty and co-operated in every way being requested to provide a sample and subsequent to the analytical result.

9.       The level of Cannabis detected in the sample is relatively low.  It must be emphasised with only one sample analysed it is not known whether the level was going up or coming down.  Suffice to say it is low but still a defined positive.

10.   Mr J McKenzie told the Committee this was Mr Hohepa’s first charge and he had no previous criminal convictions.  He said Mr Hohepa was held in high regard by his employers who are endeavouring to give him direction in life.

11.   Mr McKenzie submitted a suspension of not less than 1 month and a fine of $200 would be appropriate.  In addition he asked for costs of $150 for NZTR.

Mr Hohepa did not wish to make any submissions regarding penalty and said he just wanted to put this behind him and get on with his life.

PENALTY DECISION

The Committee carefully considered all evidence and submissions as presented.  Mitigating factors are Mr Hohepa’s guilty plea, his full co-operation with the Racecourse Inspectors and that this was his first charge.  It is also noted that his level of cannabis is relatively low and that he is held in high regard by his employers.

However the Committee cannot escape the fact that Mr Hohepa has not only breached the Rules of Racing but also the Misuse of Drugs Act (1975).  A breach such as this does nothing for the integrity of racing which is so important to the industry.  The safety of horses and riders is also put in jeopardy by the use of drugs, a practice which Racing Officials are determined to eradicate.  It is therefore important that a penalty must act as a deterrent to all in the industry.

As Mr Hohepa’s license was withdrawn on April 21, 2010 this Committee formally reinstates such license as at today’s date, the 3 May 2010.

Taking all the above factors into account we impose a suspension of Mr Hohepa’s license for a period of 1 month.  This is to take effect from 21 April 2010 and conclude on 21 May 2010.  In addition we impose a fine of $200 and order costs of $150 to NZTR and $200 to the JCA

Richard Seabrook                                            B Scott

Chairman                                                         Committee Member

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