Non Raceday Inquiry – Mr SR Dowling
ID: JCA22553
Hearing Type (Code):
thoroughbred-racing
Decision: --
An information was filed by Racecourse Inspector, Mr B F McKenzie, alleging a breach of Rule 528(1) by Mr S R Dowling
| -- An information was filed by Racecourse Inspector, Mr B F McKenzie, alleging a breach of Rule 528(1) by Mr S R Dowling IN THAT on the 8th day of September 2004 at the race meeting conducted by the Waikato Racing Club at the Te Rapa Racecourse, being a licensed rider pursuant to the New Zealand Rules of Racing, you did present yourself to ride and did ride a horse at the race meeting whilst you had in your urine the controlled drug cannabis, being previously administered to you, which drug was found in the urine samples obtained from you on that day under the provisions of Rule 226(2)(d) 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 the provisions of Rule 1003(1) of the said Rules. ----After the reading of the relevant Rules by Mr McKenzie, Mr Dowling advised the Committee that he admitted the charge and had no defence of his actions. ----Mr McKenzie then gave his Summary Of Facts which stated: --"On Wednesday the 8th day of September 2004, the Waikato Racing Club conducted a totalisator meeting at Te Rapa Racecourse. ----The defendant, Sean Robert Dowling, who is a licensed jockey pursuant to the New Zealand Rule of Racing, was engaged to ride and did ride a horse in race one on the programme on that day. ----The Racecourse Inspectors conducted random drug testing of some of the riders engaged at the meeting. A total of seventeen riders were selected for testing including jockey Dowling. ----After he had ridden in his one and only ride for the day in race one, jockey Dowling presented himself to the authorized person in the drug testing station and duly provided a sample of his urine. ----The sample along with all others was forwarded to the ESR in Wellington. Upon analysis the urine sample provided by the defendant was declared by the ESR on the 13th September as testing positive to cannabinois (cannabis). ----Jockey Dowling was spoken to by Racecourse Inspector Bryan McKenzie on 13th September 2004. A written statement was obtained and produeced and read to the hearing. The defendant's riding license was withdrawn that day and he was served with the stand-down notice barring him from any form of riding until a clear sample was provided. This was provided that same day and the following day the ESR declared the re-test sample as clear and his riding license reinstated. ----The defendant was first licensed to ride in 1985. He has been tested once before back in 1995 when testing was first introduced. He had a negative result on that occasion. ----He has been off the riding scene for many years due to the fact he has been employed in Japan. ----He has a clean record in racing in terms of any similar type conduct to what he is charged with on this occasion." ----This was followed by Mr Dowling's signed statement which read as follows: --"I reside at 4B Gladstone Road, Matamata. Phone 07 8809799 and 021 385860. I am a licensed jockey with New Zealand Thoroughbred Racing. I have been involved in racing and as a licensed rider since 1985. I gave up my riding license between 1998 and January this year when I took out a license again. ----On Wednesday the 8th September 2004, I rode at the race meeting conducted by the Waikato Racing Club at Te Rapa. I had only the one ride in race one on the programme. ----Prior to having my ride I was handed a notice by Racecourse Inspector Bryan McKenzie directing me to undertake a drugs test. I later attended the drug testing station at the racecourse and gave a sample of my urine. I have been shown a copy of a form headed Employment Drug Testing. It has my name and a specimen identification number 102798. I confirm that I have signed this form. I have no concerns with regards to the drug testing procedures. ----I have been told by Racecourse Inspector Bryan McKenzie on 13th September 2004 that the urine sample given by me at Te Rapa on 8th September has tested positive to cannabis. Mr McKenzie has also handed me a notice which bans me from riding until I provide a clear sample. ----I have been tested for drugs once before the 8th September 2004. I am aware of the policy of New Zealand Thoroughbred Racing regarding riders using illicit drugs. ----In explanation for my urine test being positive for cannabis, I wish to say that one day about ten days before the 8th September 2004 I was at a social function and I was offered a joint to smoke and I accepted it and had a few puffs. I wish to state that I am not a regular user of cannabis or any other illicit drugs." ----Mr Dowling had no questions of Mr McKenzie and repeated his statement of guilt. ----PENALTY: --Mr McKenzie in his submissions on penalty stated that for many years the Board and Management of NZTR have adopted a firm drugs-free policy with regards to riders who ride horses in any matter connected with the racing industry. Rules and protocols and procedures have been set in place and updated since the inception of rider drug testing to ensure that policy is enforced with the issues of integrity and safety of the industry being paramount in the minds of the authorities. --It was made clear to all industry participants some years ago that a period of at least three months disqualification would be a penalty sought by NZTR when dealing with proven cases of illicit drug use. This step was taken then because of the unsatisfactory number of jockey drug positives occurring and to act as a deterrent. --NZTR accepts that the level of cannabinoids detected was relatively small when compared with other positive cases in the past. However, all cases in the past since the penalty of three months disqualification was sought have resulted in that penalty being imposed and the Inspector is unable to advance any cause on behalf of this defendant as to why the penalty in this case should not be the same. --In terms of the deterrence aspect, it is a fact that the number of positives have decreased since Judicial Committees upheld the request for the imposition of a period of disqualification. --By agreeing to have this matter heard on a raceday, the defendant has assisted materially in cutting costs in this regard and the only costs therefore sought in this matter are those associated with the preparation of the prosecution and the cost of the re-test which is always met by the defendant. Those costs amount to $250 and an order pursuant to Rule 1122(3) is sought for that amount. --Mr Dowling said that 90% of his income was earned track and trial riding, mainly for trainer Mr L Noble. He also rode for other trainers, averaging 14 horses a morning. --In support of Mr Dowling, Mr L Noble, trainer, expressed the quality of Mr Dowling as a track rider and judge of horses and was of a definite value to the industry. --DECISION: --Given that a plea of guilty has been entered by Mr Dowling in respect to the breach of the Rules, the only issue in the consideration of a penalty. --The Committee has carefully considered the submissions of NZTR, Mr Dowling and his employer Mr Noble, and they have been most helpful. --The Committee acknowledge the frankness and co-operation of Mr Dowling in this matter when cannabis was found in his urine sample obtained in a random test at Te Rapa on 8 September 2004. --We see no compelling reason to vary the level of penalty consistently imposed in previous similar charges. Accordingly we disqualify the defendant for a period of three months and order costs of $250. --Because this disqualification could cause problems for employer Mr L Noble the disqualification will commence on 18 October 2004 until 17 January 2005. --
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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: f34110cf5d9379052f7735ec24f62b1c
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non Raceday Inquiry - Mr SR Dowling
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was filed by Racecourse Inspector, Mr B F McKenzie, alleging a breach of Rule 528(1) by Mr S R Dowling
| -- An information was filed by Racecourse Inspector, Mr B F McKenzie, alleging a breach of Rule 528(1) by Mr S R Dowling IN THAT on the 8th day of September 2004 at the race meeting conducted by the Waikato Racing Club at the Te Rapa Racecourse, being a licensed rider pursuant to the New Zealand Rules of Racing, you did present yourself to ride and did ride a horse at the race meeting whilst you had in your urine the controlled drug cannabis, being previously administered to you, which drug was found in the urine samples obtained from you on that day under the provisions of Rule 226(2)(d) 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 the provisions of Rule 1003(1) of the said Rules. ----After the reading of the relevant Rules by Mr McKenzie, Mr Dowling advised the Committee that he admitted the charge and had no defence of his actions. ----Mr McKenzie then gave his Summary Of Facts which stated: --"On Wednesday the 8th day of September 2004, the Waikato Racing Club conducted a totalisator meeting at Te Rapa Racecourse. ----The defendant, Sean Robert Dowling, who is a licensed jockey pursuant to the New Zealand Rule of Racing, was engaged to ride and did ride a horse in race one on the programme on that day. ----The Racecourse Inspectors conducted random drug testing of some of the riders engaged at the meeting. A total of seventeen riders were selected for testing including jockey Dowling. ----After he had ridden in his one and only ride for the day in race one, jockey Dowling presented himself to the authorized person in the drug testing station and duly provided a sample of his urine. ----The sample along with all others was forwarded to the ESR in Wellington. Upon analysis the urine sample provided by the defendant was declared by the ESR on the 13th September as testing positive to cannabinois (cannabis). ----Jockey Dowling was spoken to by Racecourse Inspector Bryan McKenzie on 13th September 2004. A written statement was obtained and produeced and read to the hearing. The defendant's riding license was withdrawn that day and he was served with the stand-down notice barring him from any form of riding until a clear sample was provided. This was provided that same day and the following day the ESR declared the re-test sample as clear and his riding license reinstated. ----The defendant was first licensed to ride in 1985. He has been tested once before back in 1995 when testing was first introduced. He had a negative result on that occasion.----He has been off the riding scene for many years due to the fact he has been employed in Japan. ----He has a clean record in racing in terms of any similar type conduct to what he is charged with on this occasion." ----This was followed by Mr Dowling's signed statement which read as follows: --"I reside at 4B Gladstone Road, Matamata. Phone 07 8809799 and 021 385860. I am a licensed jockey with New Zealand Thoroughbred Racing. I have been involved in racing and as a licensed rider since 1985. I gave up my riding license between 1998 and January this year when I took out a license again. ----On Wednesday the 8th September 2004, I rode at the race meeting conducted by the Waikato Racing Club at Te Rapa. I had only the one ride in race one on the programme. ----Prior to having my ride I was handed a notice by Racecourse Inspector Bryan McKenzie directing me to undertake a drugs test. I later attended the drug testing station at the racecourse and gave a sample of my urine. I have been shown a copy of a form headed Employment Drug Testing. It has my name and a specimen identification number 102798. I confirm that I have signed this form. I have no concerns with regards to the drug testing procedures. ----I have been told by Racecourse Inspector Bryan McKenzie on 13th September 2004 that the urine sample given by me at Te Rapa on 8th September has tested positive to cannabis. Mr McKenzie has also handed me a notice which bans me from riding until I provide a clear sample. ----I have been tested for drugs once before the 8th September 2004. I am aware of the policy of New Zealand Thoroughbred Racing regarding riders using illicit drugs. ----In explanation for my urine test being positive for cannabis, I wish to say that one day about ten days before the 8th September 2004 I was at a social function and I was offered a joint to smoke and I accepted it and had a few puffs. I wish to state that I am not a regular user of cannabis or any other illicit drugs." ----Mr Dowling had no questions of Mr McKenzie and repeated his statement of guilt. ----PENALTY: --Mr McKenzie in his submissions on penalty stated that for many years the Board and Management of NZTR have adopted a firm drugs-free policy with regards to riders who ride horses in any matter connected with the racing industry. Rules and protocols and procedures have been set in place and updated since the inception of rider drug testing to ensure that policy is enforced with the issues of integrity and safety of the industry being paramount in the minds of the authorities. --It was made clear to all industry participants some years ago that a period of at least three months disqualification would be a penalty sought by NZTR when dealing with proven cases of illicit drug use. This step was taken then because of the unsatisfactory number of jockey drug positives occurring and to act as a deterrent. --NZTR accepts that the level of cannabinoids detected was relatively small when compared with other positive cases in the past. However, all cases in the past since the penalty of three months disqualification was sought have resulted in that penalty being imposed and the Inspector is unable to advance any cause on behalf of this defendant as to why the penalty in this case should not be the same. --In terms of the deterrence aspect, it is a fact that the number of positives have decreased since Judicial Committees upheld the request for the imposition of a period of disqualification. --By agreeing to have this matter heard on a raceday, the defendant has assisted materially in cutting costs in this regard and the only costs therefore sought in this matter are those associated with the preparation of the prosecution and the cost of the re-test which is always met by the defendant. Those costs amount to $250 and an order pursuant to Rule 1122(3) is sought for that amount. --Mr Dowling said that 90% of his income was earned track and trial riding, mainly for trainer Mr L Noble. He also rode for other trainers, averaging 14 horses a morning. --In support of Mr Dowling, Mr L Noble, trainer, expressed the quality of Mr Dowling as a track rider and judge of horses and was of a definite value to the industry. --DECISION: --Given that a plea of guilty has been entered by Mr Dowling in respect to the breach of the Rules, the only issue in the consideration of a penalty. --The Committee has carefully considered the submissions of NZTR, Mr Dowling and his employer Mr Noble, and they have been most helpful. --The Committee acknowledge the frankness and co-operation of Mr Dowling in this matter when cannabis was found in his urine sample obtained in a random test at Te Rapa on 8 September 2004. --We see no compelling reason to vary the level of penalty consistently imposed in previous similar charges. Accordingly we disqualify the defendant for a period of three months and order costs of $250. --Because this disqualification could cause problems for employer Mr L Noble the disqualification will commence on 18 October 2004 until 17 January 2005. --
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sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 1003.1, 1122.3, 528.1, 226.2.d
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