Non-Raceday Inquiry – Mr P Pender
ID: JCA19436
Hearing Type (Code):
thoroughbred-racing
Decision: --
The charge reads as follows: "That on the 8th June 2006 Mr P Pender was in breach of Rule 528(2) that having been required by Racecourse Inspector, Mr B F McKenzie, to supply a sample of urine to an authorised person in the jockeys room at Matamata Racecourse he failed to comply with such request."
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IN THE MATTER OF .. the New Zealand Rules of Racing
--BETWEEN .. BF McKenzie (Informant)
--AND .. P Pender (Defendant)
--Date of Hearing: Wednesday the 28 June 2006
--Venue: Waikato Racing Club, Te Rapa Racecourse
--Judicial Committee: RM Seabrook (Chairman), J Holloway
--Present: BF McKenzie (Informant)
--P Pender (Defendant)
--M Stanbury (Registrar)
--_______________________________________________________________
--DECISION OF JUDICIAL COMMITTEE
--The charge reads as follows: "That on the 8th June 2006 Mr P Pender was in breach of Rule 528(2) that having been required by Racecourse Inspector, Mr B F McKenzie, to supply a sample of urine to an authorised person in the jockeys room at Matamata Racecourse he failed to comply with such request."
----Mr Pender confirmed he had been served with a copy of the charge and that he understood the Rule he was charged under. He confirmed he pleaded guilty to such charge.
----Mr McKenzie presented a Summary of Facts as follows:
----- --
- On the morning of Thursday the 8th June 2006, NZTR Officials conducted drug testing of riders at the Matamata Racing Club Racecourse during track work. ------
- The defendant was one of those selected to be tested. He was firstly verbally advised that he was required to undergo the drugs test and then as he returned from working a horse on the track, a written notice was served on him. ------
- The defendant did not arrive at the drug testing station up to and including the time of 10 am as set out in the notice. The officials became aware the defendant had left the course shortly after being served with the notice. ------
- As a result of his failure to comply with the request from the Racecourse Inspector to supply a sample of his urine, the defendant was served with a notice from the Matamata Racing Club barring him from riding there until a clear sample was provided. ------
- The defendant on days after this event, telephoned the Racecourse Inspectors and apologised profusely for his conduct. He claimed he had panicked and left the course knowing that he had consumed some cannabis some weeks previously. ------
- The defendant is a regular track rider at Matamata. He is a single man and both his father and brother are well known respected members of the horse training fraternity. He does not have any previous penalty record with NZTR. --
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Mr McKenzie then presented submissions on penalty which can be summarised as follows:
----"Drug testing of riders is an important aspect of the NZ Thoroughbred Industry. It is carried out for reasons of maintaining the integrity of the industry and equally importantly for reasons of maintaining health and safety in the workplace.
----In addition to the integrity and workplace safety aspects, of importance also is the fact that trainers and riders have a responsibility to the owners of valuable thoroughbred horses to ensure the horse itself is not placed in danger by having on its back a rider who has in their system illicit drugs pursuant to the Misuse of Drugs Act 1975.
----The penalty for a licensed rider who tests positive whilst race riding has for several years now been one of disqualification for three months for cannabis. NZTR will in the future be seeking lengthier penalties for class A drugs such as Methamphetamine.
----Track work riders have for their first offence, usually attracted a fine in the region of $400. An unlicensed track work rider needs to be reminded that a second conviction is likely to attract a period of disqualification.
----Mr Pender's case is different. His failure to comply with the request is in the submission of NZTR, a serious breach and the penalty imposed must reflect such. It is of the utmost importance for the integrity of the Rules and the drug testing regime that riders comply with the request to supply a sample and to be subjected to the drug testing procedures.
----By running away, and that is what Mr Pender did, he has created a dilemma. He has made a claim he failed to comply because he had panicked when served with the notice knowing he had consumed cannabis some weeks previous.
----It is submitted in the strongest possible terms that a fine in this case is not appropriate. The defendant is not licensed in racing and therefore cannot be suspended. The only appropriate penalty for failing to comply is disqualification.
----It is of vital importance in this case that there be a clear warning sent to all industry participants that a breach of this Rule will be dealt with severely and any penalty imposed must act as a deterrent.
----It is submitted by NZTR that a period of disqualification for two months should be imposed for this breach and in addition costs to NZTR of $200 be awarded."
----Mr Pender in response stated that he would cease using marijuana and that horses were his life and that he wanted to continue as a track rider. He added that the penalty submissions made by Mr McKenzie were fair.
----PENALTY:
--The Committee has considered submissions on penalty made by Mr McKenzie and have taken those into account.
----Mr McKenzie has already outlined the seriousness of Mr Pender's failing to comply with the request to submit to a drug test. The Committee has the same view. The integrity of racing is paramount and your responsibilities in handling valuable thoroughbreds can only be impaired by the consumption of cannabis or other drugs.
----We see no reason to depart from Mr McKenzie's recommendation on penalty and accordingly impose a disqualification of two months which will commence today, 28 June, and conclude on 30 August 2006.
----We also award costs of $200 to be paid to NZTR and a further sum of $100 for JCA costs.
----R M Seabrook J Holloway
--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: 55d82364e375761dcc35162b7707d12b
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non-Raceday Inquiry - Mr P Pender
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--The charge reads as follows: "That on the 8th June 2006 Mr P Pender was in breach of Rule 528(2) that having been required by Racecourse Inspector, Mr B F McKenzie, to supply a sample of urine to an authorised person in the jockeys room at Matamata Racecourse he failed to comply with such request."
--
IN THE MATTER OF .. the New Zealand Rules of Racing
--BETWEEN .. BF McKenzie (Informant)
--AND .. P Pender (Defendant)
--Date of Hearing: Wednesday the 28 June 2006
--Venue: Waikato Racing Club, Te Rapa Racecourse
--Judicial Committee: RM Seabrook (Chairman), J Holloway
--Present: BF McKenzie (Informant)
--P Pender (Defendant)
--M Stanbury (Registrar)
--_______________________________________________________________
--DECISION OF JUDICIAL COMMITTEE
--The charge reads as follows: "That on the 8th June 2006 Mr P Pender was in breach of Rule 528(2) that having been required by Racecourse Inspector, Mr B F McKenzie, to supply a sample of urine to an authorised person in the jockeys room at Matamata Racecourse he failed to comply with such request."
----Mr Pender confirmed he had been served with a copy of the charge and that he understood the Rule he was charged under. He confirmed he pleaded guilty to such charge.
----Mr McKenzie presented a Summary of Facts as follows:
----- --
- On the morning of Thursday the 8th June 2006, NZTR Officials conducted drug testing of riders at the Matamata Racing Club Racecourse during track work. ------
- The defendant was one of those selected to be tested. He was firstly verbally advised that he was required to undergo the drugs test and then as he returned from working a horse on the track, a written notice was served on him. ------
- The defendant did not arrive at the drug testing station up to and including the time of 10 am as set out in the notice. The officials became aware the defendant had left the course shortly after being served with the notice. ------
- As a result of his failure to comply with the request from the Racecourse Inspector to supply a sample of his urine, the defendant was served with a notice from the Matamata Racing Club barring him from riding there until a clear sample was provided. ------
- The defendant on days after this event, telephoned the Racecourse Inspectors and apologised profusely for his conduct. He claimed he had panicked and left the course knowing that he had consumed some cannabis some weeks previously. ------
- The defendant is a regular track rider at Matamata. He is a single man and both his father and brother are well known respected members of the horse training fraternity. He does not have any previous penalty record with NZTR. --
--
--
--
--
--
--
Mr McKenzie then presented submissions on penalty which can be summarised as follows:
----"Drug testing of riders is an important aspect of the NZ Thoroughbred Industry. It is carried out for reasons of maintaining the integrity of the industry and equally importantly for reasons of maintaining health and safety in the workplace.
----In addition to the integrity and workplace safety aspects, of importance also is the fact that trainers and riders have a responsibility to the owners of valuable thoroughbred horses to ensure the horse itself is not placed in danger by having on its back a rider who has in their system illicit drugs pursuant to the Misuse of Drugs Act 1975.
----The penalty for a licensed rider who tests positive whilst race riding has for several years now been one of disqualification for three months for cannabis. NZTR will in the future be seeking lengthier penalties for class A drugs such as Methamphetamine.
----Track work riders have for their first offence, usually attracted a fine in the region of $400. An unlicensed track work rider needs to be reminded that a second conviction is likely to attract a period of disqualification.
----Mr Pender's case is different. His failure to comply with the request is in the submission of NZTR, a serious breach and the penalty imposed must reflect such. It is of the utmost importance for the integrity of the Rules and the drug testing regime that riders comply with the request to supply a sample and to be subjected to the drug testing procedures.
----By running away, and that is what Mr Pender did, he has created a dilemma. He has made a claim he failed to comply because he had panicked when served with the notice knowing he had consumed cannabis some weeks previous.
----It is submitted in the strongest possible terms that a fine in this case is not appropriate. The defendant is not licensed in racing and therefore cannot be suspended. The only appropriate penalty for failing to comply is disqualification.
----It is of vital importance in this case that there be a clear warning sent to all industry participants that a breach of this Rule will be dealt with severely and any penalty imposed must act as a deterrent.
----It is submitted by NZTR that a period of disqualification for two months should be imposed for this breach and in addition costs to NZTR of $200 be awarded."
----Mr Pender in response stated that he would cease using marijuana and that horses were his life and that he wanted to continue as a track rider. He added that the penalty submissions made by Mr McKenzie were fair.
----PENALTY:
--The Committee has considered submissions on penalty made by Mr McKenzie and have taken those into account.
----Mr McKenzie has already outlined the seriousness of Mr Pender's failing to comply with the request to submit to a drug test. The Committee has the same view. The integrity of racing is paramount and your responsibilities in handling valuable thoroughbreds can only be impaired by the consumption of cannabis or other drugs.
----We see no reason to depart from Mr McKenzie's recommendation on penalty and accordingly impose a disqualification of two months which will commence today, 28 June, and conclude on 30 August 2006.
----We also award costs of $200 to be paid to NZTR and a further sum of $100 for JCA costs.
----R M Seabrook J Holloway
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 528.2
Informant:
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