Non Raceday Inquiry – NZTR v M T Reti – 3 May 2010 – Decision

hearingid: af39c163d11ce882d5aa9b751183293e

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non Raceday Inquiry - NZTR v M T Reti - 3 May 2010 - Decision

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

NZTR v MICHAEL THOMAS RETI

JUDICIAL COMMITTEE DECISION

INFORMANT:  Mr BF McKenzie, Racecourse Inspector

DEFENDANT:   Mr Michael Thomas Reti, Licensed Track Work Rider

ALSO PRESENT:  Mr JW McKenzie, Chief Racecourse Inspector

HEARING DATE:   3^RD May 2010

HEARING VENUE:   Te Rapa Racecourse

JUDICIAL COMMITTEE:   BJ Scott Chairman, RM Seabrook

Mr Reti appeared before the Committee to answer two charges filed against him by Racecourse Inspector Mr BF McKenzie.

Charge No. 1: "That on Monday the 19^th of April 2010 at Cambridge, being a rider who having being 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 you pursuant to provisions of Rule 803 of the said Rules.”

Rule 656(3) states:

“A Rider who, having been required by a Stipendiary Steward or Investigator to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with this Rule must not have blood, breath, urine, saliva or sweat (whichever is the subject of the applicable sample) 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, artefacts or isomers.”

Charge No. 2: “That on or about the 4^th day of August 2009 you did commit a Serious Racing Offence within the meaning of Rule 1001(1)(k) of the New Zealand Rules of Racing IN THAT you did wilfully supply false information to New Zealand Thoroughbred Racing in a matter connected with racing, namely that knowing on an NZTR Application for Registration form for a Stablehand, the word “NO” had been circled in answer to a question as to whether you have ever been convicted in a District or other Court of an offence against the Statutory Laws of New Zealand or any other country YOU DID know such answer to be false AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to provisions of Rule 1001(2) of the said Rules.”

Rule 1001(1)(k) states:

“Every person commits a serious racing offence within the meaning of these Rules who, in New Zealand or other country wilfully supplies any false or misleading information, or makes any false or misleading declaration or statement, respecting any matter connected with racing or otherwise under these Rules to a Judicial Committee, an Appeals Tribunal, the Board of Thoroughbred Racing, the Stewards or Committee of a Club, a Stipendiary Steward, a Racecourse Inspector or any other Body, tribunal or person;  or wilfully makes a false or misleading statement in support of an application for any payment out of the General Trust Fund;  or in, or in connection with, any application for registration of a horse wilfully gives or causes to be given, or is knowingly a party to the giving of, any false or misleading information or particulars.”

Mr Reti acknowledged that he had been served with both charges and at the time of service was also provided with copies of the abovementioned Rules and a notification of the time and date of Hearing and also a License Withdrawal Notice.

Mr Reti acknowledged that he understood the charges and the Rules.

Mr Reti admitted both charges.

SUMMARY OF FACTS presented by Mr J McKenzie:

1.         Mr McKenzie presented to this Committee the appropriate Authority from NZ Thoroughbred Racing Inc to proceed with each charge against Mr Reti.

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

3.         Licensed Track Rider Mr Michael Reti was one of those riders selected to undergo the testing.   He was handed a written request to that effect by an Investigator.

4.         Mr Reti later that morning presented himself to the drug testing station and there supplied to the authorised person a urine sample.   The appropriate documentation was produced to this Committee as an exhibit and was also acknowledged by Mr Reti.

5.         The sample, along with all other samples taken that day, was forwarded to the ESR Laboratory in Wellington.   By Certificate dated the 21^st April 2010, the ESR declared that the urine sample of Mr Reti was a positive result for Cannabis.

6.         The ESR Certificate also recorded the confirmatory analysis level of THC Acid as being 55 nanograms per millilitre of urine.   A copy of the Certificate was produced to this Committee and acknowledged by Mr Reti.

7.         On the 21^st April 2010 Mr Reti was handed a copy of the ESR Certificate and also handed a Stand Down Notice in terms of Rule 657.   Mr Reti claimed to the Investigator that he was surprised at having tested positive as he had not consumed Cannabis for over a week prior to being tested.   Copies of these were produced to the Committee and acknowledged by Mr Reti.

8.         The Investigator then made further inquiries with regards to Mr Reti’s past.   The NZTR Stablehand Application Form was obtained and this was produced to this Committee.

9.         In that form seen there is an important question asked of all applicants relating to whether or not they have been convicted of any criminal offence in a New Zealand or other court.   This is Question 4 on the form.

10.       This form which has been acknowledged by the signature of Mr Reti as being true in all respects shows that there is a circle around the word “NO” in question 4.   This is clear in its meaning and was accepted by NZTR when it arrived there, as being the true situation as declared by Mr Reti.   On that basis he was duly licensed as a Track Rider.   Had the answer been “YES” to that question, the normal procedure would have been for the form to be referred to an Investigator before licensing took place.

11.       The Third Schedule of the NZ Rules of Racing and Rules 301(3)(b), 327(1)(c) and 525(2)(c)(vii) are flow on Rules that are empowered by section 34 of the Racing Act 2003 and all relate to provisions applying to persons who are prohibited/excluded from involvement in racing because of certain convictions.

            On the 28^th of April 2010 Mr Reti was interviewed by Mr BF McKenzie.   Mr Reti admitted a number of criminal convictions.

12.       A written statement was obtained from Mr Reti and this was produced and read to the Committee.   Mr Reti acknowledged the statement and also acknowledged that he had signed the statement.

            In his statement Mr Reti acknowledged that the Application for Registration of a Track Work Rider was completed in his name.   He acknowledged that it was his signature on the form.

            Mr Reti further acknowledged that the word “NO” was circled in answer to question 4 but he now said that that was not true because he had been convicted of a number of criminal offences.   Mr Reti acknowledged to Mr BF McKenzie that the copy of the criminal convictions in the name of Michael Thomas Mathewson produced to him was in fact the list of his criminal convictions.

            Mr Reti further said that the NZTR Application form was filled in by his Employer at the time and that it was his Employer that circled the word “NO”.   He said in his statement that he didn’t have the heart to tell his Employer that the word “YES” should be circled.

            Mr Reti acknowledged in his statement that at the time the NZTR form was signed he knew the answer to the criminal conviction question should have been yes and he also knew that the form would be sent to NZTR to be used as his Application to be registered as a Track Work Rider.

13.       A copy of the criminal convictions as referred to and acknowledged as being true by Mr Reti was produced and again acknowledged by him before this Committee.

14.       At the same time, Mr BF McKenzie served Mr Reti with a letter advising him of his Prohibited Person status under the Rules of Racing.   This letter was produced and acknowledged by Mr Reti.

15.       Mr Reti is a single man aged 42 years.   He was until the 28^th of April 2010 a licensed Class B Miscellaneous Track rider with NZTR.   He is currently a freelance rider.

16.       Mr Reti has not previously appeared before the JCA on any matter.

17.       Mr Reti for his part said that he had merely signed the form and his Employer had filled it in and sent it off.   He said that the application was for a renewal of his license and he told this Committee that he had previously held a Track Work Riders License.   Mr Reti said that he held this license while in employment with another Trainer.

18.       Mr McKenzie advised this Committee that NZTR did not have a previous License Application for Mr Reti and has not issued any previous license to Mr Reti nor does it hold any other document for Mr Reti.

19.       Mr Reti could not explain what had happened but thought that he had previously held a license and again thought that the present application was for a renewal of his license.

PENALTY SUBMISSIONS presented by Mr J McKenzie:

Mr J McKenzie submitted as follows:

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

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

(c)        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.

(d)        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.

(e)        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.

(f)         Mr Reti has breached not only the Rules of Racing, but also the Criminal Law – Misuse of Drugs Act 1975.

            Mr Reti has also committed a Serious Racing Offence.   It was noted that at the time that this offence was committed the previous Rules of Racing applied and that is the reason for the charge being bought under the old Rule 1001(k).

(g)        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.

(h)        Mr Reti has pleaded guilty to both charges.   He was co-operative with the Cannabis charge and he was then co-operative with the Serious Racing Offence charge once the facts concerning this came to light

(i)         In respect to the Cannabis charge the level 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.

(j)         Mr Reti is a first offender before a Racing Tribunal.   He does however have an extensive criminal history as detailed in his List of Convictions presented to the Committee today.   Those convictions also include convictions relating to Cannabis.   His historical convictions are indicative of his continued use of Cannabis not only now but also at the time of the morning of testing at the Cambridge Track Work Session.

(k)        Mr Reti has deliberately made a false declaration in respect to the Track Work Riders License Application.

(l)         Mr Reti has admitted to both the breach of the Rules relating to the Cannabis charge and to the Serious Racing Offence provisions.

(m)       Mr Reti has deliberately made a false declaration in his License Application.

(n)        Mr Reti offers no creditable excuse for his offending.

(o)        Mr McKenzie submitted that Mr Reti must face a more severe penalty than other Defendants who appear in relation to Cannabis charges.

(p)        Mr Reti faces two charges, one a breach of the Rules, the other a Serious Racing Offence.   Both are directly related to the current use of drugs, and the other to disguise criminal convictions some of which are directly related to the use of drugs, and offences that may have been influenced by the use of drugs.

(q)        Mr McKenzie submitted that the penalty imposed upon this Defendant can be amalgamated to cover both charges and it is submitted by Mr McKenzie that a period of disqualification should be imposed.

(r)        Mr McKenzie submitted that a penalty of four months disqualification should be imposed.   He advised that a monetary penalty was not being sought on this occasion given Mr Reti’s financial situation and also the fact that he will need to seek new employment.   In addition Mr McKenzie asked for costs of $150.00 for NZTR.

(s)        The Committee asked Mr McKenzie to explain to Mr Reti the effect that an Order of Disqualification would have on him.

(t)         Mr Reti was then asked if he wished to make any submissions as to penalty but he did not do so.

PENALTY

The Committee has listened to and considered all of the evidence put before it in respect to both charges faced by Mr Reti.

In the Committee’s view it is hard to find any positive features as far as the Facts situation is concerned and in particular the Committee is concerned about the nature of the offences on Mr Reti’s record.   It must also be said that this Committee is very concerned about Mr Reti’s use of two names and the Committee sees this as a deliberate attempt by him to hide his criminal record.

The Committee pointed out to Mr Reti the vital importance of Integrity as far as the Racing Industry is concerned and also the Integrity of all those who participate in that industry.   Mr Reti has breached this in so many ways and as has been submitted to the Committee he has no creditable excuses for his offending.

This maybe his first appearance before a Racing Tribunal but that matters very little when one looks at his criminal record.   The most recent criminal offence was in December 2004 and it was dealt with in February 2005.   Mr Reti can hardly say that he overlooked his criminal record when completing the Application for Track Work Riders License.

Mr Reti has quite rightly had that license withdrawn by NZTR when the extent of his criminal offending became known.   Even if Mr Reti was to reapply for that license in the near future it would in this Committee’s view not be appropriate to grant him such a license given the fact that his criminal record is a recent criminal record and also given the nature of the offences set out on that record.

Mr McKenzie has asked for a disqualification for a period of at least four months but in this Committee’s view that would not be sufficient.   Those who participate in the Racing Industry need to know that if they have a criminal record which is not disclosed on any application then the penalty for nondisclosure must be significant.   In this Committee’s view any penalty must be a deterrent to others.

The Committee in assessing penalty has taken into account all of the factors presented to it and as stated above, it was hard to find any positive features.

The Committee is aware of the sentencing principles in the two previous cases referred to by Mr McKenzie.

The Committee therefore disqualifies Mr Reti in terms of the NZTR Rules of Racing for a period of six months from today and concluding at the end of the day on the 3^rd of November 2010.   In addition the Committee orders Mr Reti to pay costs of $150.00 to NZTR and $250.00 to the JCA.

BJ Scott                                                                       RM Seabrook

Chairman                                                                      Committee

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules:

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: