Non Raceday Inquiry – B W Smith – 01 Nov 08

hearingid: 66f821ecc02da67d1e32f3c11c1d3409

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - B W Smith - 01 Nov 08

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Decision:

An Information (No. 6810) alleging a breach of the Rules was lodged by Mr B F McKenzie.

The Charge against Mr B W Smith reads as follows:

THAT on the 28^th 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 his urine which was found upon analysis to contain the diuretic Frusemide, committed 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.

BEFORE A JUDICIAL COMMITTEE

AT AWAPUNI

                                                                  IN THE MATTER         of the New Zealand Rules                       of Racing

                                                                  BETWEEN                   NEW ZEALAND                                                                                               THOROUGHBRED RACING

                                                                                                                             Informant

                                                                  AND                            Brett William SMITH,                               Licensed Rider

                                                                                                                             Defendant

DATE OF HEARING                                    01 November 2008

VENUE                                                       Feilding Jockey Club, Awapuni

PRESENT                                                    Mr R P Bevege (Racecourse Inspector)

                                                                  for N Z Thoroughbred Racing (Informant)

                                                                  Mr B W Smith (Licensed Rider - Defendant)

JUDICIAL COMMITTEE                              Ms N Moffatt (Chair)

                                                                  Mr N Harris

___________________________________________________________________________

DECISION OF JUDICIAL COMMITTEE

NON RACEDAY INQUIRY

___________________________________________________________________________

An Information (No. 6810) alleging a breach of the Rules was lodged by Mr B F McKenzie.

The Charge against Mr B W Smith reads as follows:

THAT on the 28^th 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 his urine which was found upon analysis to contain the diuretic Frusemide, committed 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 Smith admitted the breach of the rule.

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

SUMMARY OF FACTS

On the 28^th September 2008, the Rotorua and Bay of Plenty Hunt Club conducted a race meeting at the Matamata Racecourse.    Mr Smith was one of the riders selected for random drug testing on that day.  He duly provided a sample to the authorised person.

His sample was later forwarded to the ESR for testing and a certificate dated 9^th October 2008 declared it positive to Frusemide.

Mr Smith said that he had attended a birthday party in Matamata the night before the races and had consumed four cans of beer and had been worried about his riding weight for the next day so had taken the frusemide pill.  He claimed he hadn’t been aware of the Rule change banning diuretics because he stated he doesn’t get a racing calendar.

Mr Smith has held a licence since 2005 and has not previously been charged under this rule.

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 highweight 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 told the committee that Mr Smith had co-operated fully all the way through the investigation and that he was currently working as a track work rider in Foxton.

Mr Smith told the committee that he took the pill not because he had to lose weight but rather to maintain his normal weight.  If he had had time to make use of the sauna he probably would not have taken the frusemide pill at all.  Mr Smith only has 10-12 rides per year.

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 Smith’s admittance of the breach.

-    His good record and the small number of rides that he has.

-    Recent penalties imposed under this rule.

Accordingly we fine Mr Smith a sum of $500.00 with no order for costs.

N Moffatt

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hearing_type: Old Hearing

Rules: 528.1, 1003.1

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