Non-Raceday Inquiry – J Law

hearingid: 221a2848b57970f6d1a7b7faf06c120f

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non-Raceday Inquiry - J Law

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The defendant is charged with one breach of Rule 1004(1), (2) and (4) of the Rules of Harness Racing. The charge (Information 66851) preferred by Racecourse Inspector Kitto reads

The defendant is charged with one breach of Rule 1004(1), (2) and (4) of the Rules of Harness Racing. The charge (Information 66851) preferred by Racecourse Inspector Kitto reads as follows ?

"I, the above named informant allege that the above named Defendant

committed a breach of Rule 1004(1),(2) and (4) in that Jacqueline Anne LAW, being the Trainer of the Registered Standardbred horse "Dorothy Morris" on the 1^st day of April 2007 did take the said horse to a racecourse, namely the Motukarara racecourse, for the purpose of engaging in a race, namely Race 5, the Yaldhurst Wools Thelma Memorial Fillies & Mares pace, held by the Akaroa Trotting Club, and did fail to present the horse free of a prohibited substance, namely Heptaminol.

The Rules referred to above, which come under the Prohibited Substance Rule, read as follows ?

"(1) A horse shall be presented for a race free of prohibited substances.

(2) Where a horse is taken, or is to be taken, to a racecourse for the purpose

of engaging in a race otherwise than in accordance with sub-rule (1) the trainer of the horse commits a breach of these Rules.

(4) A breach of these rules under sub-rule (2) or sub-rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse."

Ms Law had previously indicated that she admitted this breach of the Rule, and

she confirmed that at the hearing.

Mr Kitto presented a "Summary of Facts" which is attached to this decision. The horse "Dorothy Morris" was entered for and finished 1^st in the Yaldhurst Wools Thelma Memorial Fillies & Mares Pace at the Akaroa Trotting Club's meeting on 1 April 2007. After the race the horse was swabbed and the subsequent analysis revealed the presence of "Heptaminol" which is a prohibited substance under the New Zealand Rules of Harness Racing. "Heptaminol" was classified as a prohibited substance effective as from 1 November 2004, and this was notified in the Harness Racing Weekly on 13 and 20 October 2004.

Ms Law was later interviewed by Mr Kitto and she made a statement in which she said that the horse was injected with Kynoselen on the day before the races. The injection was made by her mother, Mrs Enid Law, while she held the horse's head. The injection was given to counter tie up problems.

Ms Law also showed Mr Kitto three part bottles of Kynoselen which were kept in her drug cabinet. Only one of these bottles contained the prohibited substance "Heptaminol" and all three bottles had been bought quite some time ago, most probably before "Heptaminol" was declared a prohibited substance.

Mrs Enid Law was also interviewed, and she stated that she had no idea that Kynoselen contained a prohibited substance.

Both Ms Law and Mrs Law said that this administration of Kynoselen was an innocent mistake, and Mr Kitto did not contest this belief.

Mr Kitto's written submissions on penalty are also attached to this decision. The New Zealand Rules of Harness Racing provide for the following penalties in this case.

"(7) Every person who commits a breach of sub-rule (2) or (3) shall be liable to:

(a) a fine not exceeding $10,000; and/or

(b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years.

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8. Any horse connected with a breach of sub-rule (1), (2) or (3) shall be disqualified from any race entered and/or liable to a period of disqualification not exceeding five years."

Mr Kitto advised that Ms Law has no previous convictions and that HRNZ believed that the matter could be dealt with by means of a fine.

Ms Law provided written submissions on penalty and these are also attached to this decision. Ms Law said that she has held a trainer's licence for a number of years and that this is her first offence. She said that she is a single working mother, and is a beneficiary on a low income. Her ability to pay a large fine would be limited and would put a severe financial strain on her family.

Ms Law also provided character references from persons involved in the harness racing industry. We accept that Ms Law is held in high regard and that she would not deliberately do anything to jeopardise her participation in harness racing.

When considering an appropriate penalty in this case we have looked at penalties imposed in other similar cases. In New Zealand Thoroughbred Racing v. Wenn (April 2007) "Heptaminol" was also the drug involved, via the administration of Kynoselen. There were mitigating circumstances relating to the administration as Mr Wenn was misled to some extent when he purchased the Kynoselen. Nevertheless Mr Wenn pleaded guilty to the charge and did not contest the amount of the fine which was $4000-00.

A review of Harness Racing prosecutions over the last 10 years shows that breaches of this Rule result in a substantial fine. In HRNZ v. Clementson (2001) a fine of $2250-00 was imposed, but that was 6 years ago. In HRNZ v. B. Kerr (2005) a fine of $4000-00 was imposed.

Taking all the above matters into account we are satisfied that a fine of between $3000-00 and $4000-00 would, in normal circumstances, be appropriate in this case.

This is not a usual case because of Ms Law's financial situation. It is clear to us that she is not well off and that a substantial fine would have a quite devastating effect on her and her family. We therefore take Ms Law's personal and financial circumstances into account when deciding on the amount of the fine.

We also take into account that Ms Law has no previous convictions; that she pleaded guilty at the first opportunity, and that she is remorseful.

Taking all the above matters into account Ms Law will be fined the sum of $2000-00.

Mr Kitto advised that no costs were being sought by HRNZ as this matter was heard on a race night. For this same reason no costs are being sought by the JCA. There will be no order for costs.

Rule 1004D of the New Zealand Rules of Harness Racing provides as follows.

"Any horse which has been taken to a racecourse for the purpose of

engaging in a race which is found to have administered to it or

ingested by it any prohibited substance shall be disqualified from that race."

Accordingly it is mandatory to disqualify "Dorothy Morris" from its 1^st place in the race. "Dorothy Morris" is therefore disqualified from 1^st place in the Yaldhurst Wools Thelma Memorial Fillies & Mares Pace at the Akaroa Trotting Club's meeting on 1 April 2007 and the stake money is to be refunded to HRNZ and paid according to the amended places. The amended places are as follows.

1^st ? Cedar Valley (7)

2^nd ? Swifty's Girl (2)

3^rd ? Nora's Dream (11)

4^th ? Last To Pass (15)

5^th ? Sorenstam (8)

6^th ? Millwood Atac (14)

During the hearing it was mentioned by both Mr Kitto and Ms Law that problems were being faced regularly by trainers when using Kynoselen. It was suggested that this Committee should direct that the manufacturer label their product so that users were left in no doubt which product of this name contained "Heptaminol".

Of course we have no power to make such a direction. However, having heard the facts of this matter, and having been advised of other cases where Kynoselen has been involved, we make a strong recommendation that the manufacturer takes action to change the labelling of this product in such a way that users can have no doubt about which one contains "Heptaminol".

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10. M. Phelan

Chairman.

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Rules: 1004.1, 1004.1.2

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