Non Raceday Inquiry NZTR v JR Gillies 2 October 2009 decision

hearingid: a8bb9f3faee9abc77bf5b73391f36a32

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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 JR Gillies 2 October 2009 decision

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Decision:

IN THE MATTER OF THE NZ RULES OF RACING

BETWEEN   BF McKENZIE
                      RACECOURSE INSPECTOR
                      INFORMANT

AND            JAMES REX GILLIES 
                     LICENSED RIDER
                     DEFENDANT

HEARING    TE RAPA RACECOURSE

                     2 OCTOBER 2009 AT 10 AM

JUDICIAL COMMITTEE RM SEABROOK (CHAIRMAN)
                                           BR TIMS

PRESENT    BF McKENZIE  NZTR 
                      JR GILLIES  DEFENDANT
                      JP OTHAM  NZTR 
                      SA MOORE  NZTR

The Defendant James Rex Gillies appeared before the JCA on a charge filed against him by Racecourse Inspector BF McKenzie.  The details of the charge were set out in information no. 6822.

The Defendant, who appeared on his own behalf, acknowledged receipt of the documents relating to the charge.  He informed the committee he understood the nature of the charge and hearing.  The Defendant entered a guilty plea to the charge.

BF McKenzie produced to the inquiry from the Chief Executive of NZTR, the required written authority to file the information pursuant to Rule 1103 (4) (d).

The Defendant was charged with a breach of Rule 528 (4) as follows:

THAT on the 27 day of September 2009 at the race meeting being  conducted by the Rotorua and Bay of Plenty Hunt Club at the Te Aroha   Racecourse, being a rider who having been requested by a Racecourse  Inspector to supply a sample of his breath which was found to have a level  greater than 100 micrograms (O.O2%) of alcohol per litre of breath,  committed a breach of Rule 528 (4) 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 Rules.

IN THE MATTER OF THE NZ RULES OF RACING

BETWEEN   BF McKENZIE
                      RACECOURSE INSPECTOR
                      INFORMANT

AND             JAMES REX GILLIES 
                     LICENSED RIDER
                     DEFENDANT

HEARING    TE RAPA RACECOURSE
                      2 OCTOBER 2009 AT 10 AM

JUDICIAL COMMITTEE - RM SEABROOK (CHAIRMAN)
                                           - BR TIMS

PRESENT    BF McKENZIE  NZTR 
                      JR GILLIES  DEFENDANT
                      JP OTHAM  NZTR 
                      SA MOORE  NZTR

The Defendant James Rex Gillies appeared before the JCA on a charge filed against him by Racecourse Inspector BF McKenzie.  The details of the charge were set out in information no. 6822.

The Defendant, who appeared on his own behalf, acknowledged receipt of the documents relating to the charge.  He informed the committee he understood the nature of the charge and hearing.  The Defendant entered a guilty plea to the charge.

BF McKenzie produced to the inquiry from the Chief Executive of NZTR, the required written authority to file the information pursuant to Rule 1103 (4) (d).

The Defendant was charged with a breach of Rule 528 (4) as follows:

THAT on the 27 day of September 2009 at the race meeting being  conducted by the Rotorua and Bay of Plenty Hunt Club at the Te Aroha   Racecourse, being a rider who having been requested by a Racecourse  Inspector to supply a sample of his breath which was found to have a level  greater than 100 micrograms (O.O2%) of alcohol per litre of breath,  committed a breach of Rule 528 (4) 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 Rules.

Mr BF McKenzie on behalf of NZTR then presented a Summary of Facts  which  read:

1. On Sunday the 27 September 2009, all riders who rode at the race meeting conducted by the Rotorua Bay of Plenty Hunt Club, were subjected to breath testing by NZTR Officials.

2. A total of 24 riders were involved in this process prior to any of them having their first ride that day.

3. The breach testing device used on the day was the Alcolizer HH-1 device supplied to NZTR by the ESR and calibrated by them as per the manufactures instructions.  The next calibration being due on the 24 February 2010.

4. Licensed Rider James Rex GILLIES returned a first reading of 513 micrograms per litre of breath at 1301 hrs.  As per the NZTR protocol, he was retested some 15 minutes later and that occasion the reading was 515.

5. As per the protocol, both readings were witnessed by the Defendant, the Racecourse Inspector Bryan McKenzie and Assistant Stipendiary Steward Warwick Robinson.  The readings were signed off by all three persons on the form and that form was produced to the inquiry.

6. That second test is deemed by the NZTR protocol to be the confirmatory reading.  The rule breach occurs when the reading is greater than 100 micrograms of alcohol per litre of breath.  As a result the Defendant was stood down from his riding engagements that day and served with such stand down notice.
 

7. On the day, the Defendant claimed he was surprised at the high breath test level as he had stopped drinking at 10.30pm the previous evening.  In later discussions with the Inspector the Defendant [referred to his personal circumstances]. *
 
8. Later that morning he had attended the Cambridge JC Training Centre and after riding, had there been involved in a verbal disturbance with a local trainer.  That matter was reported by the Club Management to the Inspector.  The evidence there was that at the time the Defendant smelt strongly of alcohol.

9. The Defendant has been spoken to by the Inspector about his conduct at Cambridge and he has acknowledged his wrongdoing there and has apologised to individuals involved and the Club.

10. Due to the advent of this current charge before the JCA, the Inspector does not intend pursuing any action under the Rules against the Defendant for the CJC incident

11. The Defendant acknowledged to the Inspector when spoken to after the race day at Te Aroha, that on the Saturday (the day before the races at Te Aroha) he had been to a local bar in the afternoon and had some drinks (beer) and then went home and had some more drinks (beer).

12. He said where he made a mistake was that at 11.30pm that night he went out and drank more and on this occasion it was spirits he was drinking and got home in the early hours of Sunday the 27th September.

13. [Reference to personal circumstances deleted]. *

14. The Defendant was extremely remorseful and apologetic for his actions and for the problems he had caused to the owners and trainers and others who had been supporting him.  He has indicated as the jumping season has finished, he may try to seek alternative employment outside of racing. *
 

15. As a matter of record and interest is the fact the reading by the Defendant would have also had him breaching the criminal law relating to drink driving had he been stopped and tested.  The statutory level in the criminal law is set at 400.

16. The Defendant is a single man aged 33 years.  He has been licensed with NZTR as a rider since he was an apprentice in 1991.  He has never appeared before the JCA on any matter such as this.  Of latter years, due to his weight, his riding has been confined to that of jumping events and highweights.

The Defendant accepted the summary of facts as being accurate.

Mr McKenzie then presented submissions as to penalty.  These can be summarised as follows:
1. In approaching and determining an appropriate penalty, the Committee should take into account in particular, the deterrence aspect and also the rehabilitation of the Defendant.

2. The Inspector [referred to the Defendant’s personal circumstances]. *

3. It was further submitted that the JCA must send a clear message to all riders that drinking alcohol and riding racehorses, is not appropriate and unacceptable.  The dangers to horses and riders are obvious.

4. It was further submitted that NZTR would seek both in this case and future cases a longer period of suspension for such a breach and that repeat offenders could expect a period of disqualification to be sought.

5. The Inspector submitted that to impose a period of suspension from this time (October 2009) would be meaningless given that the jumping season is over.  He also conceded that a fine in the region of $2000.00 had been discussed but such an imposition now could be difficult for the Defendant to cope with given his current circumstances.
 

6. The Inspector sought a period of suspension of the Defendants race riding license for a period from and including the 20 March 2010 up to and including the 30 April 2010.  This period encompasses the start of the highweight races and includes the start of the jumping season.

The Defendant then accepted that the submissions by the Inspector   had covered facets that he wished to be considered by the     Committee.

DECISION:

In assessing the penalty, the Committee took into account the following

• The guilty plea by the Defendant.
• His cooperation and frankness with the Inspector
• His obvious remorse
• His previous good record
• His personal circumstances
 

The Committee take the view that the safety aspect in the industry is  paramount and the actions of the Defendant in presenting himself on  raceday with the excess alcohol level is deemed to be irresponsible.  It is  unacceptable for a senior rider or any rider, such as the Defendant, to put  himself in a position where this could occur and was an absolute breach of  the trust of his fellow riders.

It is also unacceptable that the Defendant by his actions, imposed on those  owners and trainers who had engaged him on the day, serious  inconvenience by having to replace him at such late notice.

The integrity in racing is of the utmost importance.  It was seriously  compromised on this occasion.  The Rules are there for a very clear  purpose.

We accept the submissions of NZTR that the deterrence aspect is very  important.

In arriving at a decision however, the Judicial Committee are mindful that in  addition to the deterrence aspect, the personal circumstances of the  Defendant are also relevant and we have taken those into account.

Having taken all relevant factors into account, the Defendant’s license to  ride in races is suspended from the 19th March 2010 up to and including the  30 April 2010.

The Committee places on record that this specific deferment decision is not  to be taken as a precedent for any suspension cases arising in the  future  and such decision is arrived at having regard to the particular  circumstances of this case only.

There was no request for costs by NZTR and as this inquiry was held on a  race day there will be no order for costs to the JCA.

……………………………    …………………………..
RM Seabrook                          BR Tims

* details of the Defendant’s personal circumstances have been suppressed in the interests on privacy

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hearing_type: Old Hearing

Rules: 1103.4.d, 528.4, 1003.1

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