Non-Raceday Inquiry – LK Young
ID: JCA18900
Hearing Type (Code):
thoroughbred-racing
Decision: --
Information No. 61692 has been laid by Racecourse Inspector Mr R. D. Scott, and alleges a breach of Rule 528(1) of the Rules of Racing by the defendant, Licensed Jockey Ms L. K. Young.
--
DECISION OF JUDICIAL COMMITTEE
--________________________________
--Information No. 61692 has been laid by Racecourse Inspector Mr R. D. Scott, and alleges a breach of Rule 528(1) of the Rules of Racing by the defendant, Licensed Jockey Ms L. K. Young. The charge reads as follows.
------"I, the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 528(1) in that on Sunday the 8th day of July 2007 at the Ashburton Race Course, that Ms Lisa Kaye YOUNG, being a rider, who having been requested by a Racecourse Inspector to supply a sample of her urine which was found upon analysis, to contain the diuretic drug frusemide, committed a breach of Rule 528(1) of the New Zealand Rules of Racing AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 1003(1) of the said Rules."
----
Rule 528(1) provides as follows.
--"(1) Every rider or stablehand who, having been required by a Stipendiary Steward or Racecourse Inspector or Judicial Committee to supply a sample of his 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 substance or diuretic and/or its metabolites, artifacts or isomers, commits a breach of this Rule."
--This matter was set down to be heard at 12 noon on 12 September 2007.
--Ms Young had not appeared by this time. We were informed by Mr Scott that he had tried to phone and text Ms Scott from 12 noon onwards, and that he had received replies from her. We were also informed that Ms Young said she was going to attend the hearing but she had not arrived by 12-40pm. We were satisfied that Ms Young had been properly served with notification of the charge and the time, date and place for the hearing on 23 August 2007.
--Rule 1113(1) provides that "Where at the hearing of an information only the informant appears and the Judicial Committee is satisfied the information has been served the hearing may proceed in the absence of the defendant?.".
--Taking all the above matters into account we decided that it was appropriate to hear this matter in the absence of Ms Young.
--Mr Scott provided an authority to prosecute from the Chief Executive of New
--Zealand Thoroughbred Racing.
------Mr Scott also presented and read a "Summary of Facts" relating to this charge,
--and this is attached to this decision. Ms Young attended the Ashburton Racing Club's race meeting at the Ashburton Racecourse on 8 July 2007. A notice (also attached) was served on Ms Young to provide a urine sample, which she did. On analysis this sample tested positive to frusemide, and a certificate to this effect was provided by a Drug Testing Analyst from the ESR. This Certificate is attached to this decision.
--When interviewed about this matter Ms Young freely admitted that she had consumed the diuretic the morning she was to ride at Ashburton, and that she taken the pill in an effort to lose weight to enable her to ride at the correct weight.
--After hearing the evidence from Mr Scott we were satisfied that the charge had been formally proved by the necessary evidence and a conviction was entered.
--Mr Scott was advised that if Ms Young wanted to make written submissions on penalty she could do by sending them to the Executive Officer of the JCA by 14 September 2007. No such submissions had been received by Monday 17 September 2007.
--Submissions on Penalty: Mr Scott presented and read submissions on penalty, and a copy of these submissions are also attached to this decision. Mr Scott emphasised that NZTR has an illicit drug free policy in terms of all riders whether they ride in races, trials or in track work. Mr Scott also produced a list of previous prosecutions and this included only one previous case where frusemide had been involved. In this case Jockey H. S. Tinsley had been fined the sum of $1000-00.
--Having considered the matter of penalty we are satisfied that a starting point is a fine of $1000-00 where it is a first offence and it is admitted. There are no aggravating or mitigating factors in this case and Ms Young is therefore fined the sum of $1000-00.
--Costs: Mr Scott advised that no costs were being sought by NZTR. There will however be an order that Ms Young pay costs of $150-00 to the JCA.
----
_______________
--- --
- M. Phelan
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: 212ee590e74d5edb2c62c1796dc46bed
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non-Raceday Inquiry - LK Young
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Information No. 61692 has been laid by Racecourse Inspector Mr R. D. Scott, and alleges a breach of Rule 528(1) of the Rules of Racing by the defendant, Licensed Jockey Ms L. K. Young.
--
DECISION OF JUDICIAL COMMITTEE
--________________________________
--Information No. 61692 has been laid by Racecourse Inspector Mr R. D. Scott, and alleges a breach of Rule 528(1) of the Rules of Racing by the defendant, Licensed Jockey Ms L. K. Young. The charge reads as follows.
------"I, the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 528(1) in that on Sunday the 8th day of July 2007 at the Ashburton Race Course, that Ms Lisa Kaye YOUNG, being a rider, who having been requested by a Racecourse Inspector to supply a sample of her urine which was found upon analysis, to contain the diuretic drug frusemide, committed a breach of Rule 528(1) of the New Zealand Rules of Racing AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 1003(1) of the said Rules."
----
Rule 528(1) provides as follows.
--"(1) Every rider or stablehand who, having been required by a Stipendiary Steward or Racecourse Inspector or Judicial Committee to supply a sample of his 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 substance or diuretic and/or its metabolites, artifacts or isomers, commits a breach of this Rule."
--This matter was set down to be heard at 12 noon on 12 September 2007.
--Ms Young had not appeared by this time. We were informed by Mr Scott that he had tried to phone and text Ms Scott from 12 noon onwards, and that he had received replies from her. We were also informed that Ms Young said she was going to attend the hearing but she had not arrived by 12-40pm. We were satisfied that Ms Young had been properly served with notification of the charge and the time, date and place for the hearing on 23 August 2007.
--Rule 1113(1) provides that "Where at the hearing of an information only the informant appears and the Judicial Committee is satisfied the information has been served the hearing may proceed in the absence of the defendant?.".
--Taking all the above matters into account we decided that it was appropriate to hear this matter in the absence of Ms Young.
--Mr Scott provided an authority to prosecute from the Chief Executive of New
--Zealand Thoroughbred Racing.
------Mr Scott also presented and read a "Summary of Facts" relating to this charge,
--and this is attached to this decision. Ms Young attended the Ashburton Racing Club's race meeting at the Ashburton Racecourse on 8 July 2007. A notice (also attached) was served on Ms Young to provide a urine sample, which she did. On analysis this sample tested positive to frusemide, and a certificate to this effect was provided by a Drug Testing Analyst from the ESR. This Certificate is attached to this decision.
--When interviewed about this matter Ms Young freely admitted that she had consumed the diuretic the morning she was to ride at Ashburton, and that she taken the pill in an effort to lose weight to enable her to ride at the correct weight.
--After hearing the evidence from Mr Scott we were satisfied that the charge had been formally proved by the necessary evidence and a conviction was entered.
--Mr Scott was advised that if Ms Young wanted to make written submissions on penalty she could do by sending them to the Executive Officer of the JCA by 14 September 2007. No such submissions had been received by Monday 17 September 2007.
--Submissions on Penalty:
Mr Scott presented and read submissions on penalty, and a copy of these submissions are also attached to this decision. Mr Scott emphasised that NZTR has an illicit drug free policy in terms of all riders whether they ride in races, trials or in track work. Mr Scott also produced a list of previous prosecutions and this included only one previous case where frusemide had been involved. In this case Jockey H. S. Tinsley had been fined the sum of $1000-00.--Having considered the matter of penalty we are satisfied that a starting point is a fine of $1000-00 where it is a first offence and it is admitted. There are no aggravating or mitigating factors in this case and Ms Young is therefore fined the sum of $1000-00.
--Costs:
Mr Scott advised that no costs were being sought by NZTR. There will however be an order that Ms Young pay costs of $150-00 to the JCA.----
_______________
--- --
- M. Phelan
Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 528.1, 1003.1, 1113.1
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