Non Raceday Inquiry – MJ McNab

hearingid: 927e17f2e4d0e7aa72a3c7686ee4576e

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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 - MJ McNab

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The Defendant is charged with the breach of Rule 528 (2) of the New Zealand Rules of Racing by Racecourse Inspector BF McKenzie as follows:

DECISION OF THE JUDICIAL COMMITTEE

The Defendant is charged with the breach of Rule 528 (2) of the New Zealand Rules of Racing by Racecourse Inspector BF McKenzie as follows:

The Defendant pleaded guilty to the charge.

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1. On Wednesday the 25^th July 2007, the Rotorua and Bay of Plenty Hunt Club conducted their annual race meeting at Arawa Park Racecourse in Rotorua.
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2. NZTR Officials made a decision to conduct random drug testing of a certain number of riders who had declared rides at the meeting. Amongst those riders selected for testing were all amateur riders plus a small number of professional riders.
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3. This was the first occasion that rider drug testing had been undertaken at this venue.
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4. Apprentice Jockey Michael James McNab was one of the riders selected for testing. He had the one declared ride at the meeting and this was in race seven on the programme. The horse he was to ride was one trained by his father to whom he is currently apprenticed.
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5. It was the defendant's first totalisator ride since having regained his apprentice jockeys license earlier in that week following a period of several months away from race riding due to his having relinquished his previous apprenticeship.
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6. At a time between races five and six on the programme, the Racecourse Inspector located the defendant in the male jockeys room at Arawa Park and informed him of the fact he had been selected for drug testing. The Inspector handed to the defendant a written notice which also had the current drug testing protocols attached to it.
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7. The Inspector requested the defendant accompany him and he went with the defendant and pointed out to him the location of the drug testing facility. The Inspector told him he must supply a sample of his urine before he left the racecourse.
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8. The defendant then rode in race seven and won the race on his only ride on the day. Some time after that race the Inspector saw the defendant dressed in his street clothes and with his riding gear standing outside the administration office talking with a senior jockey.
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9. The defendant made eye contact with the Inspector but they did not speak. The drug testing facility was situated about forty metres away. The defendant stayed talking in this position for several minutes.
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10. At a later stage just prior to the final race on the programme, the Inspector learnt that the defendant had not reported to the nurse at the drug testing station on the day. The Inspector then made a quick search of appropriate places on course and could not locate the defendant.
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11. The Inspector was unable to raise the defendant on a mobile phone number obtained from NZTR records. He then phoned the defendant's father, Licensed Trainer, Chris McNab, and ascertained from him the fact the defendant was travelling with him and they had left the racecourse and were nearing Cambridge.
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12. As a result of the defendant's failure to attend the drug testing facility to supply a sample of his urine, the appropriate steps were immediately taken to have the Chief Executive of NZTR withdraw his riding license and to issue a Stand Down notice in accordance with the Boards Directive. This notice was served on the Defendant through his father that same day the 25^th July 2007.
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13. On the 27^th July 2007, the defendant attended the office of the Racecourse Inspector at Te Rapa. He supplied a sample of his urine to an authorised person. At the time of supply, he assured the Inspector it would be clear of any drugs.
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14. On the same day he supplied a written statement to the Inspector with his father present. This was produced and read to the inquiry.
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15. The urine sample supplied by the Defendant was forwarded to the ESR in Wellington and by Certificate dated the 1 August 2007, it was reported that the urine sample supplied by the Defendant on the 27^th July 2007 was positive to Cannabis.
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16. The defendant is a single man aged 21 years. He has been in an apprenticeship career with various employers since 2001 with two periods of time away from his apprenticeship.
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17. The defendant has been drug tested on one previous occasion in NZ this being at Auckland in October 2006. His sample on that occasion was clear. He has not appeared before the JCA on any serious charge/s previously.

On behalf of NZTR, the Chief Racecourse Inspector JW McKenzie submitted that it was difficult to accept the explanation given by the defendant for failing to supply the urine sample as requested.

It was submitted that the failure by the defendant on the day was amplified by the fact he returned a positive test to an illicit drug two days after the race meeting. It was submitted that the defendant could in fact have faced a second charge had he been found to have ridden at the training track or in a trial or race on the day he supplied the sample.

It was submitted that the matter was serious and there was a clear perception the reason the defendant decamped from the course on the day in question without supplying the sample was because he knew he could return a positive drug test.

Mr McKenzie urged the committee to take into account the four principles of sentencing for racing cases as outlined by the now Justice Gendall in a well publicised 1994 racing case. Mr McKenzie emphasised the need for a deterrent sentence.

It was submitted by Mr McKenzie that the drug testing regime was an important aspect of the NZTR Boards policies and that any person who decamped from a racecourse without complying with their obligations, placed themselves in jeopardy of a penalty more severe than the norm which in this case would normally have been three months disqualification.

Mr McKenzie submitted that taking all factors into account, NZTR were seeking a penalty of disqualification for a period of four and a half months plus costs.

On behalf of the defendant Mr CP McNab submitted that a penalty of disqualification was too severe and would impact upon both his training operation because they were a one man band and also would bar the defendant from being employed in racing.

He submitted that his son had not done a runner and was an honest person who had not acted with intent. Mr McNab claimed they had all been under pressure on the day and the stable had also had a decent bet on the horse his son had ridden.

Mr McNab quoted the cases and publicity of two high profile riders, which this committee find to be not relevant in this matter. Mr McNab also spoke of the difficulty of obtaining track riders in Cambridge and if his son was disqualified this would add to that difficulty.

As the defendant pleaded guilty to the charge therefore the only requirement of this committee was to determine the type and quantum of penalty and costs.

The penalty provisions for a breach of Rule 528 (2) are set out in Rule 1003 (1) and allow for a period of disqualification not exceeding one year, suspension for a period not exceeding one year and/or a fine of $10,000.00. The costs award is covered in Rule 1122 (3).

The Committee has carefully considered all evidence and the written and oral submissions from the Chief Racecourse Inspector, Mr JW McKenzie, and also the oral submissions of Mr C McNab, on behalf of his son Michael McNab.

Mr Michael McNab has been an apprentice jockey since 2001, with his family having ha a lifelong experience in the thoroughbred racing industry. His training at apprentice school would have made him fully aware of the protocols and purposes for the drug testing of riders.

It is clearly evident that Mr McNab was correctly served with the drug testing notification form by Racecourse Inspector, Mr BJ McKenzie, that the location of the drug testing facility was shown to him and that he was told he must supply a urine sample before leaving the racecourse.

Mr McNab's explanation was that he had insufficient time to supply a sample is rejected. He was given notice prior to Race 6 with his only riding commitment being in Race 7 giving him ample time. He had recourse to contact the Racecourse Inspector if he had any concerns regarding the request; instead he blatantly ignored such request and left the course.

Two days later at the request of Mr BF McKenzie, the defendant and his father were spoken to and a urine sample was supplied. On analysis this was found to contain cannabis. This could have also resulted in a further charge if this sample had been supplied on a trial or raceday or during track work.

In imposing a penalty the committee has also reflected on the principles of sentencing. It is important for the integrity of racing that a clearly deterrent sentence is imposed, therefore sending a message to industry participants. Taking into account Mr McNab's co-operation with the subsequent inquiry, his guilty plea and the impact on his immediate family, we impose a period of disqualification on Mr Michael McNab from the 14^th of August 2007 until the 25^th of December 2007. In addition, we make an order for costs of - $436.50 for sampling and ESR analysis, $100 NZTR costs and $175 JCA costs.

RM Seabrook

Chairman

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hearing_type: Old Hearing

Rules: 1122.3, 528.2, 1003.1

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