Non Raceday Inquiry – NZTR v R J Aukett – 31 May 2010 – Decision

hearingid: f1a1a91a8fba8c17926e34d68b358c08

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non Raceday Inquiry - NZTR v R J Aukett - 31 May 2010 - Decision

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

NZTR v RJ AUKETT

JUDICIAL COMMITTEE DECISION

INFORMANT:  Mr RD Scott, Racecourse Inspector

DEFENDANT:  Mr Reon James Aukett

ALSO PRESENT:  Mr JW McKenzie, Chief Racecourse Inspector and

                              Mr  BF McKenzie, Racecourse Inspector

HEARING DATE:    31^st May 2010

HEARING VENUE:  Te Rapa Racecourse

JUDICIAL COMMITTEE:  BJ Scott Chairman, BJ Rowe

Mr Aukett appeared before the Committee to answer a charge filed against him by Racecourse Inspector Mr BF McKenzie such charge being pursuant to Rule 656(3) of the New Zealand Rules of Racing.

The charge read as follows:

“That on Thursday the 6^th of May 2010 at Riccarton, 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.”

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

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 the charge against Mr Aukett.

2.         On Thursday morning the 6^th May 2010, NZTR officials conducted drug testing procedures on a number of track work riders who were involved in riding horses at the Canterbury Jockey Club Training Centre, Riccarton that day.

3.         Licensed Class A Jockey, Reon James Aukett was one of those riders selected to undergo the testing.   He was handed a written request to that effect by an Investigator. A copy was produced to this Committee and acknowledged by Mr Aukett.

4.         Later that morning Mr Aukett presented himself to the drug testing station and there supplied to the authorised person a sample of his urine.  This sample was given the unique bar code number 513532 and the NZTR portion of such document was produced to this Committee as an exhibit and was also acknowledged by Mr Aukett.

5.         The sample, along with all other samples taken that day, was forwarded to the ESR Laboratory in Wellington.   By Certificate dated the 10^th May 2010, the ESR declared that urine sample in the name of Reon James Aukett bearing the unique bar code number 513532 was a positive result for Cannabis.

6.         The ESR Certificate also recorded the confirmatory analysis level of THC Acid as being 100 nanograms per millilitre of urine.   A copy of the Certificate was produced to this Committee and acknowledged by Mr Aukett.

7.         On the 25^th May 2010 Mr Aukett was handed a copy of the ESR Certificate and also handed a Stand Down Notice in terms of Rule 657.   Copies of these were produced to the Committee and acknowledged by Mr Aukett.  He stated to the Investigator that he was a daily user of the drug.

8.         Mr Aukett is a single person aged 29 years.   He is a licensed Class A Jockey with NZTR.   He has not previously appeared before the JCA on any similar matter.

9.         Mr Aukett when asked by this Committee acknowledged that the facts as presented by Mr McKenzie were correct.

10.       Mr Aukett had prepared a written statement which he read to this Committee.  In his statement he spoke of his continued use of cannabis over a number of years and he also stated that approximately seven years ago he had a very nasty fall in an open Steeple Chase race at Wingatui and he ended up in Intensive Care at Dunedin Hospital for about 10 days.  He said that as a result of the hospitalisation and his injuries he was given a number of drugs including morphine and codeine and he became addicted.  He has been trying to rid himself of those addictions in recent years but he has continued to smoke cannabis.  He said that because of his injuries the only way he can be pain free and sleep is to smoke cannabis.

11.       Mr Aukett acknowledged in his statement that what he had done was wrong and he knows that he has not only let himself down but has also let down a number of other people in the industry who have tried to help him.

12.       Mr Aukett said that as a result of the positive  test his current employer had            already dismissed him so now he has no need of his Riders Licence.   It is noted that he has been stood down in any event.

13.       Mr Aukett said that he proposed to travel to Perth to live with his  mother  and would be away for probably two years and he was going to take some serious steps to try to rid himself of his addiction to cannabis.

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 Aukett has breached not only the Rules of Racing, but also the Criminal Law – Misuse of Drugs Act 1975.

(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 Aukett has pleaded guilty and co-operated in every way after being requested to provide a sample and subsequent to the analytical result.

(i)         The level of Cannabis detected in the sample is relatively low.   It must be emphasised that with only one sample analysed it is not known whether the level was going up or coming down.   Suffice to say the level of 100ng/ml of urine is a moderate level but well above the cut off level of 15ng/ml litre.

PENALTY SUBMISSIONS presented by Mr RJ Aukett:

Mr RJ Aukett submitted as follows:

(1)        He accepted full responsibility for his actions.  He knows that he was wrong in continually using cannabis despite the reasons that he has put forward to this Committee for doing so.  Mr Aukett believes that its use is wide spread but he also believes that those under the influence of alcohol should also be dealt with in the manner that those under the influence of drugs are.

(2)        Mr Aukett however told this Committee that he accepted full responsibility for his actions and he accepted whatever penalty the Committee imposed on him.

PENALTY

The Committee carefully considered all of the evidence put before it as well as the penalty submissions presented to it.

The Committee advised Mr Aukett that integrity is one of the most important factors in Racing and those who are involved in Racing and those who deal with racing people and Racing in general need to know that the integrity of Racing is being protected at all times.  The use of drugs attacks the very heart of integrity and this is a very serious issue as far as Racing is concerned. 

Mr Aukett by his own admission had acknowledged that the use of drugs is a very serious issue and that the charge being faced by him is very serious. 

Another very important factor in Racing is the safety of horses and people.  Again the use of drugs by those involved in Racing risks the safety of horses and riders. 

It is noted that the cannabis level is relatively low and Mr Aukett had readily admitted the charge.  He has not only shown remorse but he has cooperated with the Racing Investigators and he has told this Committee that he accepts full responsibility for his actions and accepts any penalty that is to be imposed upon him.   Mr Aukett has told this Committee that he is going to live with his mother in Perth and is going to have treatment for his addictions although this is going to take a considerable period of time.  He should be given some credit for that.

The Committee however notes that this is a serious charge and this is made even more serious by the facts presented to the Committee which shows continual use of cannabis by Mr Aukett.  Mr Aukett has continued to breach the Rules of Racing for some time. 

The Committee is aware of the sentencing principles in the two previous cases referred to by Mr McKenzie and the Committee is strongly of the view that any penalty should be a deterrent to others.

The Committee in assessing penalty has taken all of the above factors into account and disqualifies Mr Aukett in terms of the NZTR Rules of Racing for a period of eight months from today and concluding at the end of the day on the 31^st January 2011.  In addition the Committee orders Mr Aukett to pay costs of $150.00 to NZTR and $200.00 to the JCA.

BJ Scott                                                                       BJ Rowe

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: