Non Raceday Inquiry – HS Tinsley
ID: JCA20484
Hearing Type (Code):
thoroughbred-racing
Decision: --
Information 0843 alleged a breach of Rule 528(1) of the NZ Rules of Racing by Jockey HS Tinsley.
--
DECISION OF JUDICIAL COMMITTEE
----Information 0843 alleged a breach of Rule 528(1) of the NZ Rules of Racing by Jockey HS Tinsley.
--Jockey Tinsley acknowledged he had been served with the notice of charge and he admitted at the inquiry, the charge filed against him as outlined in the information. This charge read:
------THAT on Saturday the 3rd day of February 2007 at Te Rapa Racecourse at the race meeting conducted by the Waikato Racing 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.
--A summary of facts was read to the Inquiry which confirmed that on the 3rd February 2007 NZTR Officials had carried out routine drug testing of several riders at the race meeting held at Te Rapa Racecourse. The Defendant was one of those tested.
--The ESR advised that the diuretic Frusemide had been detected in the urine sample of the Defendant.
--The Inquiry was informed that by a Rule change, which came into effect on the 1 January 2007, the use of diuretics by riders when riding horses in matters connected with racing became banned.
--The inquiry was informed the Rule change came about for reasons of health and safety and was implemented after consultation with the Jockeys Assn. Mr BF McKenzie told the Inquiry this was the first prosecution for the use of diuretics.
--A statement made by Jockey Tinsley to Chief Racecourse Inspector JW McKenzie was presented to the Inquiry. The Jockey admitted the use of Frusemide and stated the medication had been prescribed by his Doctor. The Doctors prescription was presented to the Inquiry.
--Mr BF McKenzie told the Inquiry, it was acknowledged by NZTR Jockey Tinsley had ongoing issues with regards to his weight. He described the Jockey as a talented and respected rider who had in the past always acted responsibly when dealing with his weight issues by the use of medication and had not presented as a rider who abused or misused such medication.
--Jockey Tinsley acknowledged he knew diuretics were banned as from the 1 January 2007 and stated that the positive had arisen because he had been absent from his home town at the Karaka Sales prior to the race meeting and was required to lose 3kgs to ride a horse at Te Rapa and did not have immediate access to a sauna to assist in the weight loss so had taken the frusemide.
--Mr BF McKenzie submitted to the Inquiry that, having regard to the fact this was a new rule and the first prosecution and taking into account Jockey Tinsleys frankness and cooperation and also his exemplary record in racing, a fine would be an appropriate penalty in the region of $1000.00.
--He submitted to the Inquiry that any penalty imposed in this case would not be regarded by NZTR as a benchmark, and if there were to be future breaches involving the use of diuretics, then NZTR may seek far more severe penalties than sought on this occasion.
--Jockey Tinsley explained to the Judicial Committee the predicament he found himself in with the Rule change and his weight problems and his ambition to continue on with his career and to achieve a personal goal of 1000 winners.
--PENALTY DECISION
--Taking the facts and all submissions into account, it is the decision of the Judicial Committee to impose a fine of $1000.00. There will be no award of costs as none were sought.
--This Committee notes the submission by NZTR this decision should not be taken as the benchmark for any future breaches of this particular rule involving diuretics.
----
----------. ---------..
--RM Seabrook DC Johnstone
--Chairman
--
Decision Date: 01/01/2001
Publish Date: 01/01/2001
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 8fa294d3b8dac9afa2a3081415e6c5d5
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non Raceday Inquiry - HS Tinsley
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Information 0843 alleged a breach of Rule 528(1) of the NZ Rules of Racing by Jockey HS Tinsley.
--
DECISION OF JUDICIAL COMMITTEE
----Information 0843 alleged a breach of Rule 528(1) of the NZ Rules of Racing by Jockey HS Tinsley.
--Jockey Tinsley acknowledged he had been served with the notice of charge and he admitted at the inquiry, the charge filed against him as outlined in the information. This charge read:
------THAT on Saturday the 3rd day of February 2007 at Te Rapa Racecourse at the race meeting conducted by the Waikato Racing 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
.--A summary of facts was read to the Inquiry which confirmed that on the 3rd February 2007 NZTR Officials had carried out routine drug testing of several riders at the race meeting held at Te Rapa Racecourse. The Defendant was one of those tested.
--The ESR advised that the diuretic Frusemide had been detected in the urine sample of the Defendant.
--The Inquiry was informed that by a Rule change, which came into effect on the 1 January 2007, the use of diuretics by riders when riding horses in matters connected with racing became banned.
--The inquiry was informed the Rule change came about for reasons of health and safety and was implemented after consultation with the Jockeys Assn. Mr BF McKenzie told the Inquiry this was the first prosecution for the use of diuretics.
--A statement made by Jockey Tinsley to Chief Racecourse Inspector JW McKenzie was presented to the Inquiry. The Jockey admitted the use of Frusemide and stated the medication had been prescribed by his Doctor. The Doctors prescription was presented to the Inquiry.
--Mr BF McKenzie told the Inquiry, it was acknowledged by NZTR Jockey Tinsley had ongoing issues with regards to his weight. He described the Jockey as a talented and respected rider who had in the past always acted responsibly when dealing with his weight issues by the use of medication and had not presented as a rider who abused or misused such medication.
--Jockey Tinsley acknowledged he knew diuretics were banned as from the 1 January 2007 and stated that the positive had arisen because he had been absent from his home town at the Karaka Sales prior to the race meeting and was required to lose 3kgs to ride a horse at Te Rapa and did not have immediate access to a sauna to assist in the weight loss so had taken the frusemide.
--Mr BF McKenzie submitted to the Inquiry that, having regard to the fact this was a new rule and the first prosecution and taking into account Jockey Tinsleys frankness and cooperation and also his exemplary record in racing, a fine would be an appropriate penalty in the region of $1000.00.
--He submitted to the Inquiry that any penalty imposed in this case would not be regarded by NZTR as a benchmark, and if there were to be future breaches involving the use of diuretics, then NZTR may seek far more severe penalties than sought on this occasion.
--Jockey Tinsley explained to the Judicial Committee the predicament he found himself in with the Rule change and his weight problems and his ambition to continue on with his career and to achieve a personal goal of 1000 winners.
--PENALTY DECISION
--Taking the facts and all submissions into account, it is the decision of the Judicial Committee to impose a fine of $1000.00. There will be no award of costs as none were sought.
--This Committee notes the submission by NZTR this decision should not be taken as the benchmark for any future breaches of this particular rule involving diuretics.
----
----------. ---------..
--RM Seabrook DC Johnstone
--Chairman
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 528.1, 1003.1
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: