Non-Raceday Inquiry – MT Campbell

hearingid: b1fa22b352065c3ca533213d9fff865c

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non-Raceday Inquiry - MT Campbell

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Decision:

Information No. 61690 has been laid by Racecourse Inspector Mr R. D. Scott, and alleges a breach of Rule 528(1) of the Rules of Racing by the defendant, Licensed Jockey Mr M. T. Campbell.

JUDICIAL COMMITTEE'S DECISION ON PENALTY AND COSTS

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Information No. 61690 has been laid by Racecourse Inspector Mr R. D. Scott, and alleges a breach of Rule 528(1) of the Rules of Racing by the defendant, Licensed Jockey Mr M. T. Campbell. The charge reads as follows.

"I, the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 528(1) in that on Sunday the 8th day of July 2007 at the Ashburton Race Course, that Mr Michael Thomas CAMPBELL, being a rider, who having been requested by a Racecourse Inspector to supply a sample of his urine which was found upon analysis, to contain the diuretic drug frusemide, committed a breach of Rule 528(1) of the New Zealand Rules of Racing, AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 1003(1) of the said Rules."

Rule 528(1) provides as follows.

"(1) 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 Campbell attended the hearing and he admitted this breach of the Rules. He

also agreed that he understood the charge and the Rule. Accordingly we found this charge to be proved.

Mr Scott produced an authority to prosecute from the Chief Executive of New

Zealand Thoroughbred Racing.

Mr Scott also presented and read a "Summary of Facts" relating to this charge,

and this is attached to this decision. Mr Campbell attended the Ashburton Racing Club's race meeting at the Ashburton Racecourse on 8 July 2007. A notice (also attached) was served on Mr Campbell to provide a urine sample, which he did. On analysis this sample tested positive to frusemide, and a certificate was provided by a Drug Testing Analyst from the ESR.

When interviewed Mr Campbell admitted that he had taken one tablet a few days before this race meeting to help him shed the last kilo to make his correct weight. He also said that this is the first and only time he had taken a diuretic before riding.

Mr Campbell said that he was in a poor physical and financial situation due to having a riding accident and also receiving other injuries not related to racing. He said that he was at present receiving neurological treatment and had a very low income. He was unable to work in the racing industry because of this and was at present trying to find work outside racing. Mr Scott confirmed what Mr Campbell had said.

Having considered all the submissions on penalty we are satisfied that we must

be consistent with the penalties imposed in previous similar cases. While we sympathise with Mr Campbell's circumstances there is a need to maintain integrity and public confidence in racing and to this end the sentence must be a realistic punishment. The sentence we impose must deter other persons in the racing industry from committing like offences. Put in another way persons involved in the racing industry should be given a clear signal that offending in this way will not be tolerated. The penalty must deter the person charged from re-offending and it must also deter others.

The penalty imposed in the Tinsley and Young (also heard today) cases resulted in fines of $1000-00 in each case. Both these Jockeys continue to ride and have incomes whereas Mr Campbell is very poorly off at the moment. The financial circumstances of a licence holder are relevant when fixing an appropriate financial penalty. We therefore take into account Mr Campbell's very poor financial position. A fine of $1000-00 would, in this case, be unnecessarily oppressive for the reasons we have set out above. Because of these special circumstances Mr Campbell will be fined the sum of $500-00

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J. M. Phelan

Chairman

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hearing_type: Old Hearing

Rules: 528.1, 1003.1

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