Non Raceday Inquiry – NZTR v CL Carmine 13 June 2009 decision

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decisiondate: no date provided

hearing_title: Non Raceday Inquiry - NZTR v CL Carmine 13 June 2009 decision

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Decision:

BEFORE THE JUDICIAL CONTROL AUTHORITY

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING

BETWEEN  R.Neal Senior Stipendiary Steward
                      Informant
         
AND            C.Carmine
                     Defendant

HEARING:   Saturday June 13th 2009 at Awapuni

JUDICIAL COMMITTEE: N.Moffatt (Chairman)
                                            B. Holland   

IN ATTENDANCE:           C.Carmine (Defendant)
                                           Mr Ray Clapperton
                                           R.Neal (Senior Stipendiary Steward)   
                                           N.Goodwin (Registrar) 

DATE OF DECISION:     24 June 2009

An Information alleging a breach of the Rules was lodged by Senior Stipendiary Steward Mr R.Neal.

The charge against Mr C.Carmine reads as follows:

THAT on the 1st day of June 2009 at the Foxton racecourse licensed jockey Christopher Carmine was requested by a Stipendiary Steward to supply a sample of his urine for testing. Upon analysis the sample was found to contain the controlled drugs amphetamine and methamphetamine as defined in the Misuse of Drugs Act 1975. Accordingly you committed a breach of Rule 528 (1) of the New Zealand Rules of racing and thereby you are liable to the penalties which may be imposed upon you pursuant to Rule 1003 (1) of the said rules.

Rule 528 (1) states:
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.

Mr Carmine admitted the breach of the rule and had with him, as a support person, Mr Ray Clapperton. He agreed that he understood the charge against him and the rule. Accordingly we found the charge to be proved.

Mr Neal provided an authority to prosecute from Mr Campbell Moncur the acting Chief Executive of NZ Thoroughbred Racing.

The summary of facts was read by Mr. Neal and accepted by Mr Carmine.

SUMMARY OF FACTS

On Monday June 1st 2009 (Queen’s Birthday) Mr Carmine was a licensed jockey riding at the Foxton races at a meeting held by the Foxton Racing Club. He was one of a random group of riders asked to provide a urine sample for the purpose of drug testing.
His sample was delivered to the ESR laboratories on Tuesday June 2nd 2009 and NZTR was advised on the 4th June that it had tested positive for the drugs amphetamine and methamphetamine.

Stipendiary Stewards Mr Neal and Mr Goodwin met with Mr Carmine on Friday June 5th at the Manawatu Racing Club notifying him of the result and serving him with a letter advising him that his license to ride had been withdrawn under Rule 528A (1).

Mr Carmine admitted to smoking cannabis on more than one occasion over the past month but was surprised that he had tested positive to amphetamine and methamphetamine. He was formally charged with a breach of Rule 528 (1) on Wednesday 10th June.

PENALTY SUBMISSIONS

Mr Neal read from prepared written submissions. New Zealand Thoroughbred Racing has been randomly testing riders on race day for 15 years for the purpose of maintaining the health and safety of all riders and to preserve the integrity of racing in New Zealand.
He emphasized NZTR’s drug free policy and zero tolerance to illicit drugs whether it is at races, trials or during track work.

Mr Neal said that jockeys were no different to other sportsmen and women in that they had to maintain high levels of strength and stamina and that the use of illicit drugs could affect their performance either positively or negatively. He said that riders were well aware that the more significant the drug the more severe the penalty would be.

Methamphetamine is defined as a Class A drug and Mr Neal submitted that the penalty imposed should clearly reflect the disapproval and disdain of the racing industry towards drugs in racing.

He produced a table outlining other penalties handed down for breaches of rule 528 (1), specific to the drug methamphetamine, and in accordance with these penalties said  New Zealand Thoroughbred Racing sought a 9 month disqualification.

Mr Neal concluded his submissions by saying that Mr Carmine had no prior breaches of this rule and had readily admitted his wrongdoing while cooperating fully with the Stewards.

Mr Carmine told the committee that he had been randomly drug-tested on five previous occasions all of which had been negative until this one. He said that a friend told him methamphetamine was good for keeping weight down. When asked if he had a weight problem he said that in the winter months it was hard to get down in weight.

Mr Clapperton outlined his long background both in harness and thoroughbred racing and said he had been helping and encouraging Mr Carmine for some time. He expressed concern that for most jockeys there was a lack of industry support for such things as managing finances, and coping with the prevalence of drugs in society.  He said that it was the responsibility of the whole industry to help riders with these issues.

Mr Clapperton urged the committee to hand down a type of suspended sentence to Mr Carmine to enable him to keep riding track work for Mr Lynds, He said Mr Carmine had a baby and needed an income to survive. He also said that he was booked into a drug rehabilitation programme in Palmerston North.

PENALTY

Rule 1003 (1) states:
Every person who or body or other entity (not being a Club) which commits or is deemed to have committed a breach of these Rules or any of them, or any sub-Rule of any of them for which no penalty is provided elsewhere in these Rules shall be liable to:
(a) Be disqualified for a period not exceeding twelve months; or
(b) Suspended from holding or obtaining a licence, permit, certificate or registration for a period not exceeding twelve months. If a licence, permit, certificate or registration is renewed during a term of suspension, then the suspension shall continue to apply to the renewed licence, permit, certificate or registration; and/or
(c) A fine not exceeding $10,000.

The committee had careful consideration to all of the submissions put before it. Mr Carmine has been very fortunate to have had a high level of support from experienced people within the racing industry, in particular Mr Clapperton.  His concern for the general welfare of all riders is admirable and the issues he raises should not be overlooked.

In relation to a penalty which would allow Mr Carmine to continue in employment with Mr Lynds it is our opinion that any breaches of this rule, particularly concerning a Class A drug such as methamphetamine, must be dealt with by way of disqualification rather than suspension. The three previous methamphetamine charges that Mr Neal referred to were all dealt with by periods of disqualification.

In setting the time frame for the disqualification we have had regard to these previous penalties. The two most recent cases both received nine month disqualifications and a third case heard in 2006 received a five month disqualification.
We have given credit to Mr Carmine for his full and frank admittance of the breach, his genuine remorse and his acceptance into a drug rehabilitation programme. Also in his favour is that he has no previous breaches of this rule.

Mr Clapperton queried the level of drug present in Mr Carmine’s urine sample however the ESR drug test report indicated a positive result “at a level greater than 300 nanograms per millilitre” rather than a specific reading.

Methamphetamine, commonly known as “P”, is an addictive and dangerous drug that can have a devastating effect on individuals. Riders who choose to use “P” show little respect for their peers and have the potential to cause serious harm while riding in races.

Drugs in racing will not be tolerated and any penalty imposed must show disapproval and must also act as a deterrent to others in similar situations.

Mr Carmine is disqualified for 8 months. The disqualification begins on Sunday June 14th 2009 and ends on February 14th 2010, both dates inclusive.

As this was heard on a race day there is no order for costs.

N.Moffatt
B.Holland

BEFORE THE JUDICIAL CONTROL AUTHORITY

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING

BETWEEN  R.Neal Senior Stipendiary Steward
                     Informant
         
AND            C.Carmine
                    Defendant

HEARING:  Saturday June 13th 2009 at Awapuni

JUDICIAL COMMITTEE: N.Moffatt (Chairman)
                                            B. Holland   

IN ATTENDANCE:           C.Carmine (Defendant)
                                            Mr Ray Clapperton
                                            R.Neal (Senior Stipendiary Steward)   
                                            N.Goodwin (Registrar) 

DATE OF DECISION:       24 June 2009

An Information alleging a breach of the Rules was lodged by Senior Stipendiary Steward Mr R.Neal.

The charge against Mr C.Carmine reads as follows:

THAT on the 1st day of June 2009 at the Foxton racecourse licensed jockey Christopher Carmine was requested by a Stipendiary Steward to supply a sample of his urine for testing. Upon analysis the sample was found to contain the controlled drugs amphetamine and methamphetamine as defined in the Misuse of Drugs Act 1975. Accordingly you committed a breach of Rule 528 (1) of the New Zealand Rules of racing and thereby you are liable to the penalties which may be imposed upon you pursuant to Rule 1003 (1) of the said rules.

Rule 528 (1) states:
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.

Mr Carmine admitted the breach of the rule and had with him, as a support person, Mr Ray Clapperton. He agreed that he understood the charge against him and the rule. Accordingly we found the charge to be proved.

Mr Neal provided an authority to prosecute from Mr Campbell Moncur the acting Chief Executive of NZ Thoroughbred Racing.

The summary of facts was read by Mr. Neal and accepted by Mr Carmine.

SUMMARY OF FACTS

On Monday June 1st 2009 (Queen’s Birthday) Mr Carmine was a licensed jockey riding at the Foxton races at a meeting held by the Foxton Racing Club. He was one of a random group of riders asked to provide a urine sample for the purpose of drug testing.

His sample was delivered to the ESR laboratories on Tuesday June 2nd 2009 and NZTR was advised on the 4th June that it had tested positive for the drugs amphetamine and methamphetamine.

Stipendiary Stewards Mr Neal and Mr Goodwin met with Mr Carmine on Friday June 5th at the Manawatu Racing Club notifying him of the result and serving him with a letter advising him that his license to ride had been withdrawn under Rule 528A (1).

Mr Carmine admitted to smoking cannabis on more than one occasion over the past month but was surprised that he had tested positive to amphetamine and methamphetamine. He was formally charged with a breach of Rule 528 (1) on Wednesday 10th June.

PENALTY SUBMISSIONS

Mr Neal read from prepared written submissions. New Zealand Thoroughbred Racing has been randomly testing riders on race day for 15 years for the purpose of maintaining the health and safety of all riders and to preserve the integrity of racing in New Zealand.

He emphasized NZTR’s drug free policy and zero tolerance to illicit drugs whether it is at races, trials or during track work.

Mr Neal said that jockeys were no different to other sportsmen and women in that they had to maintain high levels of strength and stamina and that the use of illicit drugs could affect their performance either positively or negatively. He said that riders were well aware that the more significant the drug the more severe the penalty would be.

Methamphetamine is defined as a Class A drug and Mr Neal submitted that the penalty imposed should clearly reflect the disapproval and disdain of the racing industry towards drugs in racing.

He produced a table outlining other penalties handed down for breaches of rule 528 (1), specific to the drug methamphetamine, and in accordance with these penalties said  New Zealand Thoroughbred Racing sought a 9 month disqualification.

Mr Neal concluded his submissions by saying that Mr Carmine had no prior breaches of this rule and had readily admitted his wrongdoing while cooperating fully with the Stewards.

Mr Carmine told the committee that he had been randomly drug-tested on five previous occasions all of which had been negative until this one. He said that a friend told him methamphetamine was good for keeping weight down. When asked if he had a weight problem he said that in the winter months it was hard to get down in weight.

Mr Clapperton outlined his long background both in harness and thoroughbred racing and said he had been helping and encouraging Mr Carmine for some time. He expressed concern that for most jockeys there was a lack of industry support for such things as managing finances, and coping with the prevalence of drugs in society.  He said that it was the responsibility of the whole industry to help riders with these issues.

Mr Clapperton urged the committee to hand down a type of suspended sentence to Mr Carmine to enable him to keep riding track work for Mr Lynds, He said Mr Carmine had a baby and needed an income to survive. He also said that he was booked into a drug rehabilitation programme in Palmerston North.

PENALTY

Rule 1003 (1) states:
Every person who or body or other entity (not being a Club) which commits or is deemed to have committed a breach of these Rules or any of them, or any sub-Rule of any of them for which no penalty is provided elsewhere in these Rules shall be liable to:
(a) Be disqualified for a period not exceeding twelve months; or
(b) Suspended from holding or obtaining a licence, permit, certificate or registration for a period not exceeding twelve months. If a licence, permit, certificate or registration is renewed during a term of suspension, then the suspension shall continue to apply to the renewed licence, permit, certificate or registration; and/or
(c) A fine not exceeding $10,000.

The committee had careful consideration to all of the submissions put before it. Mr Carmine has been very fortunate to have had a high level of support from experienced people within the racing industry, in particular Mr Clapperton.  His concern for the general welfare of all riders is admirable and the issues he raises should not be overlooked.

In relation to a penalty which would allow Mr Carmine to continue in employment with Mr Lynds it is our opinion that any breaches of this rule, particularly concerning a Class A drug such as methamphetamine, must be dealt with by way of disqualification rather than suspension. The three previous methamphetamine charges that Mr Neal referred to were all dealt with by periods of disqualification.

In setting the time frame for the disqualification we have had regard to these previous penalties. The two most recent cases both received nine month disqualifications and a third case heard in 2006 received a five month disqualification.
We have given credit to Mr Carmine for his full and frank admittance of the breach, his genuine remorse and his acceptance into a drug rehabilitation programme. Also in his favour is that he has no previous breaches of this rule.

Mr Clapperton queried the level of drug present in Mr Carmine’s urine sample however the ESR drug test report indicated a positive result “at a level greater than 300 nanograms per millilitre” rather than a specific reading.

Methamphetamine, commonly known as “P”, is an addictive and dangerous drug that can have a devastating effect on individuals. Riders who choose to use “P” show little respect for their peers and have the potential to cause serious harm while riding in races.

Drugs in racing will not be tolerated and any penalty imposed must show disapproval and must also act as a deterrent to others in similar situations.

Mr Carmine is disqualified for 8 months. The disqualification begins on Sunday June 14th 2009 and ends on February 14th 2010, both dates inclusive.

As this was heard on a race day there is no order for costs.

N.Moffatt
B.Holland

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hearing_type: Old Hearing

Rules: 528.1, 1003.1, 528A.1

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