Non Raceday Inquiry – D Janson

hearingid: 853382a6b26802b6e9eb316a02b8e1ac

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - D Janson

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Mr Damion Janson is a unlicensed track rider. He is charged with a breach of Rule 528(1) of the New Zealand Rules of Racing.

BEFORE A JUDICIAL COMMITTEE

AT TAURANGA

IN THE MATTER of a charge against

Damion JANSON, Track Rider, that he breached Rule 528(1)

of the New Zealand Rules of Racing

Date of Hearing:        10 January 2007

Venue:                  Gate Pa Racecourse, Tauranga

Judicial Committee:     Mr RM Seabrook (Chairman)

                        Mr BR Tims

Present:                Mr BF McKenzie, Racecourse Inspector

                        Informant

                        Mr D Janson, in person

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DECISION OF THE JUDICIAL COMMITTEE

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Mr Damion Janson is a unlicensed track rider. He is charged with a breach of Rule 528(1) of the New Zealand Rules of Racing.

"Every rider or stablehand who having been required by a stipendiary steward or racecourse inspector or judicial committee to supply a sample of their blood, breath, urine, saliva or sweat (or more than one thereof), which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substances commits a breach of this rule."

Mr Janson had been summonsed to appear before the JCA on the 2^nd January 2007 but without explanation had failed to appear and the matter had been adjourned to this date and he had been written to advising him of the adjourned hearing.

Mr Janson appears and admits a breach of Rule 528(1), namely, that on Monday the 11^th day of December 2006 at Gate Pa Racecourse, 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 controlled drug cannabis.

The penalty provision Rule 1003(1) of the New Zealand Rules of Racing apply to this matter.

Statement of Facts:

On Monday the 11^th of December 2006, NZTR officials conducted drug testing of track riders who rode track work at the Gate Pa Racecourse on that morning. A total of nine riders supplied urine samples, which were forwarded to the ESR in Wellington for analysis.

This defendant was one of the riders selected and who supplied a urine sample. By a Certificate of Analysis, the ESR advised the urine sample of this defendant as being positive to cannabinoids at a level greater than 15 nanograms per millilitre which is the minimum level set by International Authorities and Accredited Laboratories for declaration of a positive to such drug.

Cannabis is a class C drug within the meaning of the Misuse of Drugs Act 1975.

As a result the defendant was served with a stand down notice which remains in effect until a clear urine sample is supplied to NZTR.

When spoken to by the racecourse inspector, the defendant frankly admitted the use of cannabis in days leading up to the day of testing.

The defendant has not previously appeared before the JCA.

Mr Janson accepted the statement of facts.

Mr BF McKenzie submitted the following ?

Drug testing of riders is an important aspect of the NZ Thoroughbred Industry. It is carried out for reasons of maintaining the integrity of the industry and equally importantly for reasons of maintaining health and safety in the workplace.

The Board of NZTR has a drugs free policy in terms of all riders whether they be riding in races or riding horses in track work. Racing Clubs who operate training facilities have a responsibility to provide a drug and alcohol free working environment.

In addition to the integrity and workplace safety aspects, of importance also is the fact that trainers and riders have a responsibility to the owners of valuable thoroughbred horses to ensure the horse itself is not placed in danger by having on its back a rider who has in their system illicit drugs pursuant to the Misuse of Drugs Act 1975.

The penalty for a licensed rider who tests positive whilst race riding has for several years now been one of disqualification for three months for cannabis. NZTR will in the future be seeking lengthier penalties for class A drugs such as Methamphetamine.

Track work riders have for their first offence, normally attracted a fine in the region of $400. The most recent fines imposed by the JCA were for that amount, plus costs. A unlicensed track work rider needs to be reminded that a second conviction for drugs is likely to attract a period of disqualification.

Mr McKenzie submitted that Mr Janson had previously held a trainers license and as such should have had a better understanding and appreciation of the attitude of NZTR towards riders and drugs. He submitted that whilst a fine was appropriate it should be more than the other Tauranga Track Riders fined previously.

Mr McKenzie pointed out that Mr Janson having been required to appear on the 2^nd January 2007 had failed to turn up but to his credit had appeared in person at this adjourned hearing.

Taking into account all submissions, Mr Jansons guilty plea, his frankness to the Committee in terms of his problem with the use of cannabis and his previous good record, and his stated intention of taking action to cure himself of illicit drug use, a fine will be imposed.

The Committee have taken into account the fact he had been previously licensed as a trainer and for that reason his fine will differ from the other Tauranga Track Riders fined by the JCA.

For the Breach of Rule 528 (1) of the NZ Rules of Racing Mr Janson shall be fined the sum of $500.00. Pursuant to Rule 1122, Mr Janson is also ordered to pay costs of $200 to New Zealand Thoroughbred Racing.

RM SEABROOK

CHAIRMAN

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hearing_type: Old Hearing

Rules: 528.1, 1003.1

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