Non-Raceday Inquiry – EL Lloyd

hearingid: 632f8f827805572b51b24dc4561a1e4d

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startdate: 01/01/2001

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hearing_title: Non-Raceday Inquiry - EL Lloyd

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IN THE MATTER of a charge against Emma Laraine Lloyd, Licensed Jockey, that she breached Rule 528(1) of the Rules of Racing

IN THE MATTER of a charge against Emma Laraine Lloyd, Licensed Jockey, that she breached Rule 528(1) of the Rules of Racing

Mr N. Harris (Chairman)

Mrs N. M. Moffatt

Awapuni Racecourse

14 July 2006

Mr J. W. McKenzie - Chief Racecourse Inspector

Mr R. P. Bevege - Racecourse Inspector

Ms E. L. Lloyd - Defendant (supported by Mrs K. Zimmerman)

Mr B. E. Bateup - Registrar

Ms E. Lloyd is a licensed jockey. On Monday 5 June 2006 she attended the Foxton Racing Club meeting at Foxton. The Racecourse Inspector, Mr R. P Bevege, advised her that she was one of a number of riders selected to provide a urine sample for analysis as to the presence of any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substance.

At 1 pm Ms Lloyd complied with this requirement and provided the sample to Ms. S. Willson, an enrolled nurse, and in such capacity the person authorised to supervise the collection procedure.

On 8 June the Institute of Environmental Science and Research Limited advised New Zealand Thoroughbred Racing that Ms Lloyd's sample had tested positive for amphetamines. Specifically the analysis detected the presence of amphetamine and methamphetamine "at a level greater than 300 nanograms per millilitre." Methamphetamine is a Class A drug under the Misuse of Drugs Act 1975. Ms. Lloyd was advised of the positive test and the immediate withdrawal of her licence. On 16 June a further sample produced a negative result and Ms. Lloyd's licence was reinstated.

Ms Lloyd was subsequently charged with a breach of rule 528(1) of the New Zealand Rules of Racing, which states:

At the hearing Ms Lloyd accepted the Summary of Facts provided by Mr McKenzie and admitted the breach of rule 528(1).

In his penalty submissions Mr McKenzie underlined methamphetamine's status as a Class A drug and the opprobrium its use attracts in the community. Drawing on the sentencing principles accepted and applied in previous prohibited substance use cases Mr McKenzie's starting point was a 12 month disqualification.

He conceded that Ms Lloyd's use of methamphetamine was an isolated incident and further noted her frank admissions and genuine remorse about the matter. She co-operated fully with the investigation and has a very favourable conduct record. After giving due weight to these mitigating factors Mr McKenzie called for the imposition of a 6 month disqualification.

Ms Lloyd expressed remorse and regret for her actions and acknowledged she had let many people down. She asked that this lapse been seen against an otherwise very good record. While some personal issues had affected her judgement she did not wish to diminish her responsibility for her actions.

Mrs Zimmerman submitted that Ms Lloyd's actions were quite out of character and she hoped that any penalty would enable Ms Lloyd to continue riding work for her.

The use of amphetamines, methamphetamine or other Class A drugs by any licensed person in racing must be met with a level of penalty which will deter not only the offender but also others. The sentence must also serve to maintain the integrity of racing and advance public confidence in the industry. Those affected by these substances when working in the industry present considerable risk and potential harm to other participants.

This is a case of deliberate administration of methamphetamine and the starting point must be a substantial period of disqualification. However we have had a number of matters of mitigation put to us which support some concessions in Ms Lloyd's favour. In setting the term of disqualification we have given Ms Lloyd considerable benefit for her admission of the matter, her genuine remorse and her good standing with racing's Integrity Officials. What weighed most with the Committee however was the shared view of all parties at the hearing that Ms Lloyd's use of methamphetamine was an isolated incident intended to assist her wasting efforts for her raceday commitments. It is this feature of the case which has persuaded us to temper what would otherwise have been a significant disqualification period. Taking these matters into account we disqualify Ms Lloyd from the close of racing on 14 July 2006 until the close of racing on 31 December 2006.

Mr McKenzie sought an order for costs of $285 to cover the testing and related expenses incurred by New Zealand Thoroughbred Racing and a further order for the costs of the Judicial Control Authority relating to the hearing.

Pursuant to rule 1122 we order Ms Lloyd to pay costs of $200 to New Zealand Thoroughbred Racing and $150 to the Judicial Control Authority.

Neville Harris

Chairman

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hearing_type: Old Hearing

Rules: 528.1

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