Non Raceday Inquiry – D J Walker – 21 Jan 09

hearingid: e83be536f3212850119bcedaafe38a35

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - D J Walker - 21 Jan 09

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HEARING:                                     Wednesday 21^st January 2009 at Hastings

JUDICIAL COMMITTEE:            Ms N Moffatt (Chair)

                                                         Mr T Castles

IN ATTENDANCE:                       Mr D Walker (Defendant)

                                                         Mr R P Bevege (Racecourse Insp

                                                         Ms Shona Moore (Registrar) 

An Information alleging a breach of the Rules was lodged by Racecourse Inspector Mr R P Bevege.

The charge against Mr David James Walker reads as follows:

THAT on the 29^th day of November 2008, at the Ellerslie Racecourse at the race meeting conducted by the Auckland Racing Club, 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 Frusemide, you did commit a breach of Rule 528 (1) 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 NEW ZEALAND RULES OF RACING

                                                         BETWEEN            NZ THOROUGHBRED RACING

                                                                                        Informant

                                                         AND                      DAVID WALKER

                                                                                        Defendant

Information :                                    No. 023

HEARING:                                     Wednesday 21^st January 2009 at Hastings

JUDICIAL COMMITTEE:            Ms N Moffatt (Chair)

                                                         Mr T Castles

IN ATTENDANCE:                       Mr D Walker (Defendant)

                                                         Mr R P Bevege (Racecourse Insp

                                                         Ms Shona Moore (Registrar) 

An Information alleging a breach of the Rules was lodged by Racecourse Inspector Mr R P Bevege.

The charge against Mr David James Walker reads as follows:

THAT on the 29^th day of November 2008, at the Ellerslie Racecourse at the race meeting conducted by the Auckland Racing Club, 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 Frusemide, you did commit a breach of Rule 528 (1) 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 Walker admitted the breach of the rule.

The summary of facts was read by Mr Bevege and accepted by Mr Walker.

SUMMARY OF FACTS

Mr Walker arrived at Ellerslie Racecourse to fulfil his riding engagements on Saturday, 29^th November 2008.  Together with a number of other riders that day he was served with a notice, by a Racecourse Inspector, requiring him to supply a urine sample to the Medical Officer who had been engaged for jockey drug testing procedures that day.

Mr Walker complied with the requirements of the directive and a sample of his urine was collected in accordance with standard procedure and was delivered to the ESR laboratory in Wellington for analysis.

On the 5^th December 2008 the Institute of ESR notified New Zealand Thoroughbred Racing by letter that Mr Walker’s urine sample had tested positive to Frusemide.

Mr Walker was advised of the result of the test by a Racecourse Inspector and he readily admitted that he had taken half a pill of Frusemide the day before the race meeting at which he was tested.  He also said that he does not use Frusemide very often but to get his weight down for certain rides he has to use a diuretic.

PENALTY SUBMISSIONS

New Zealand Thoroughbred Racing has a policy in relation to seeking penalties for breaches of this rule:

- For licensed jockeys on a first offence they are seeking a fine of $1,000.00.

- For apprentice jockeys they are seeking fines of $500.00.

- For jumps and high weight jockeys they are seeking fines of $500.00.

Mr Bevege gave recent examples of breaches of this rule, the penalties of which were in accordance with these submissions. He also told the committee of the very high standards set by Mr Walker and of his impeccably clean record in the racing industry.

Mr Walker was very sincere and eloquent in his submissions to the committee.  While readily admitting that he had taken half a Frusemide pill he wanted to make it quite clear that the only reason for doing so was to make correct weight.  He explained that there is a perception amongst some that diuretics can “mask” other drug use and Mr Walker was adamant that his reasons for taking a diuretic were strictly for weight loss.

PENALTY

The committee had careful consideration to all of the submissions put before it and in reaching a decision on penalty took into account:

- Mr Walker’s admittance of the breach.

- His excellent record.

- His very well put submissions to the committee.

- Recent penalties imposed under this rule.

Accordingly Mr Walker was fined the sum of $1000.00 with no order for costs.

N Moffatt

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hearing_type: Old Hearing

Rules: 528.1, 1003.1

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