Non-Raceday Inquiry – C Argue

hearingid: be59ac27aebcaf9a6e7cf7fa4bfe1dce

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non-Raceday Inquiry - C Argue

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The charge against Mr Argue reads as follows :

THAT on Saturday the 9^th day of August 2008 at the Counties Racing Club racecourse, being a rider, who having been requested by a Racecourse Inspector to supply a sample of your urine which was found upon analysis, to contain the diuretic drug Frusemide, AND THEREBY committed a breach of Rule 528 (4) 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 the provisions of Rule 1003 (1) of the said Rules.

The charge against Mr Argue reads as follows :

THAT on Saturday the 9^th day of August 2008 at the Counties Racing Club racecourse, being a rider, who having been requested by a Racecourse Inspector to supply a sample of your urine which was found upon analysis, to contain the diuretic drug Frusemide, AND THEREBY committed a breach of Rule 528 (4) 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 the provisions of Rule 1003 (1) of the said Rules.

 SUMMARY OF FACTS

On Saturday 9 August 2008 Cory Argue was engaged to ride in a race/s at the race meeting of the Counties Racing Club.

Upon arrival on course Jockey Argue was handed a document which is a directive for a rider having been asked by a Racecourse Inspector or Stipendiary Steward to supply a sample of their urine at a given place and date.

At 1445 hours, Jockey Argue produced a sample of his urine and completed the documentation.  The document has been signed by Jockey Argue in the presence of Registered Nurse S Bolger.

As a matter of record, Jockey Argue was able to produce sufficient urine for only one sample to be sent for analysis.  He was offered the opportunity to return and void a further sample but he advised the nurse he was happy to have no second sample.

On 19 August 2008 a Urine Drug Test Report was issued by the ESR in respect to the sample provided by Jockey Argue on 9 August 2008, with the unique Specimen ID number 483005.  The ESR have subsequently given this sample an ESR reference no. WDT 095244.  The result states the sample was tested for diuretics and tested positive for Frusemide.

On 25 August Jockey Argue was interviewed by the Racecourse Inspector, and a written statement was taken.  Mr Argue said he had been very foolish and only took the diuretic to help his weight for the one race ride.

It is pleasing to report throughout this inquiry Jockey Argue has been totally forthright, and co-operated in every way.

PENALTY SUBMISSIONS

New Zealand Thoroughbred Racing has a policy for drug testing riders.  Diuretics have been determined inappropriate for use by riders.  It has international acceptances that no rider shall ride a horse with diuretics in their metabolism.  New Zealand Thoroughbred Racing’s policy is based on international scientific research and careful medical consideration.

Racing Administration have taken this advice and declared diuretics be banned under the New Zealand Rules of Racing.  The New Zealand Rules and protocol are consistent with Australia.

The first prosecution resulted in regular, full time jockeys being fined $1,000 with apprentice jockeys or intermittent riders fined $500.00.  Warnings were issued re increased penalties pending if offending continued.  Jockey Argue is not a regular rider.

While his circumstances may be seen as unfortunate, they do not warrant relief from administration of diuretics to lose weight, in this case, in a hurry.

Cory has been totally co-operative.  He accepts he knew New Zealand Thoroughbred Racing policy, but took a risk to earn in effect a riding fee.

New Zealand Thoroughbred Racing submits a fine of $750.00 and no costs would be appropriate.

PENALTY

The Committee carefully considered all submissions as presented and before imposing a penalty reminded Mr Argue of his obligations under Rule 528 (1).  He was told that in the interests of safety it is absolutely inappropriate to take a banned substance such as Frusemide.

In reaching decision on a fair penalty, the Committee has taken into account the following :

-           Mr Argue is not a regular rider.

-           His guilty plea and full co-operation with NZTR officials.

-           Recent penalties imposed under this Rule.

Accordingly, we fine Mr Argue a sum of $750 with no order for costs.

R M Seabrook

Chairman

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hearing_type: Old Hearing

Rules: 528.4, 1003.1, 528.1

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