Non Raceday Inquiry – R L Johansen Nov 08

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startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - R L Johansen Nov 08

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NRI - Miss Rayna L Johansen

SUMMARY OF FACTS

Appearing for New Zealand Thoroughbred Racing, Racecourse Inspector BF McKenzie, who brought the charge, presented a written summary of the facts upon which the charge was based.  Mr McKenzie confirmed that on the 28 September 2008 the Defendant was selected for a routine drug test.  By certificate dated the October 2008 testing agency ESR

reported that the urine sample provided by the Defendant had tested positive to Cannabis.

BEFORE A JUDICIAL COMMITTEE

AT MATAMATA

                                                                  IN THE MATTER         of the New Zealand Rules                                   of Racing

                                                                  BETWEEN                   NEW ZEALAND                                                                                                           THOROUGHBRED RACING

                                                                                                                             Informant

                                                                  AND                            Rayna Lizabet JOHANSEN,                                                                                         Amateur Rider

                                                                                                                             Defendant

DATE OF HEARING                                    20 November 2008

VENUE                                                       Matamata Racecourse, Matamata

PRESENT                                                    Mr B F McKenzie (Racecourse Inspector)

                                                                  For New Zealand Throughbred Racing (Informant)

                                                                  Miss R L Johansen (Amateur Rider - Defendant)

JUDICIAL COMMITTEE                              Mr G M Downey (Chairman)

                                                                  Mr D Johnstone

DECISION OF JUDICIAL COMMITTEE

NON RACEDAY INQUIRY

Charge:        “That on the 28th day of September 2008, at the Matamata

                      Racecourse at the race meeting conducted by the Rotorua and Bay

                      of Plenty Hunt Club, being a rider who, having been requested by a        

                      Racecourse Inspector to supply a sample of her urine which was

                      was found upon analysis , to contain the controlled drug cannabis as

                      defined in the Misuse of Drugs Act 1975, committed a breach of Rule

                      528 (1) of the New Zealand Rules of Racing AND THAT you are

                      thereby liable to the penalties which may be imposed upon you

                      pursuant to Rule 1003 (1) of the said Rules”.

Plea:             Admitted.

SUMMARY OF FACTS

Appearing for New Zealand Thoroughbred Racing, Racecourse Inspector BF McKenzie, who brought the charge, presented a written summary of the facts upon which the charge was based.  Mr McKenzie confirmed that on the 28 September 2008 the Defendant was selected for a routine drug test.  By certificate dated the October 2008 testing agency ESR

reported that the urine sample provided by the Defendant had tested positive to Cannabis.

Mr McKenzie produced the ESR certificate confirming the finding.    

When interviewed by Racecourse Inspector BF McKenzie on the 3 October 2008, the Defendant signed a written statement – produced and read to the Hearing. The Defendant was steadfast in her denial of using cannabis, and drew attention to an occasion just prior to the sample being provided when she could have passively ingested the drug. 

The Defendant confirmed that she admitted the charge.

PENALTY

Mr McKenzie advised the Committee that the Defendant had been frank and cooperative and that as an amateur rider she enjoyed an excellent reputation for her conduct and work ethic within the industry.  The Defendant had not previously appeared before the Judicial Control Authority.  Stressing that the Defendant was an amateur rider, Mr McKenzie contended that an appropriate penalty would be a suspension of her Riding Certificate, and a payment towards costs incurred by NZ Thoroughbred Racing.

The Defendant had no comment as to penalty.

DECISION

Determining penalty, the Committee factored in the Defendant’s admission of the breach, her unblemished record, and her riding status. 

As the matter was heard on a race day, no costs were incurred for the JCA.

A penalty of 3 months suspension of the Defendant’s Riding Certificate, to commence on the day of hearing, together with an order for costs to NZTR for $250.00 was duly imposed.

GM Downey                                                        D Johnstone

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hearing_type: Old Hearing

Rules: 1003.1

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