Non Raceday Inquiry – NZTR v S Wenn 16 December 2009 – decision
ID: JCA19016
Hearing Type (Code):
thoroughbred-racing
Decision:
IN THE MATTER OF THE NZ RULES OF RACING
--BETWEEN Mr J W McKenzie, Chief Racecourse Inspector -INFORMANT
--AND Mr Scott Wenn, licensed stablehand/ track rider - DEFENDANT
--HEARING: Pukekohe Raceway, 16 December 2009
--JUDICIAL COMMITTEE: R M Seabrook (Chairman)
D C Johnstone
PRESENT: Mr J W McKenzie NZTR
Mr S Wenn
The Defendant Scott Wenn appeared before the J C A on a charge filed against him by Chief Racecourse Inspector Mr J W McKenzie. The details of the charge were set out in Information No 0888.
IN THE MATTER OF THE NZ RULES OF RACING
--BETWEEN Mr J W McKenzie, Chief Racecourse Inspector -INFORMANT
--AND Mr Scott Wenn, licensed stablehand/ track rider - DEFENDANT
--HEARING: Pukekohe Raceway, 16 December 2009
--JUDICIAL COMMITTEE: R M Seabrook (Chairman)
D C Johnstone
PRESENT: Mr J W McKenzie NZTR
Mr S Wenn
The Defendant Scott Wenn appeared before the J C A on a charge filed against him by Chief Racecourse Inspector Mr J W McKenzie. The details of the charge were set out in Information No 0888.
--The Defendant, who appeared on his own behalf, acknowledged receipt of the documents relating to the charge. He informed the Committee he understood the nature of the charge and hearing.
--The Defendant entered a guilty plea to the charge.
--Mr McKenzie produced to the inquiry the required written authority to file the information pursuant to the Rule 903(2)(d)
--The Defendant was charged with a breach of Rule 656(4) which reads as follows:
--THAT on 26 day of November 2009, you did ride a horse at the Te Aroha training facility, AND THAT you were requested by a Racing Investigator Stipendiary Steward, to provide a sample of your breath, AND THAT both on the first and second occasion that you gave such breath sample your breath alcohol level was greater than 100 micrograms of alcohol per litre of breath, AND THAT you are in breach of Rule 656(4) of the New Zealand Rules of Racing, for which you are liable to a penalty or penalties which may be imposed upon you pursuant to Rule 803(1) of the said Rules.
--SUMMARY OF FACTS
--On the morning of Thursday 27th November 2009, NZTR officials went to the Training Facility of the Te Aroha Jockey Club.
--The purpose of the exercise was to breath test all riders for breath alcohol readings.
--The NZTR protocol approved by the Board of New Zeal and Thoroughbred Racing (NZTR) was implemented in accordance with respective Rules of Racing
--The testing was carried out using a Breath Alcohol Testing device, known as the Alcolizer HH1, which is supplied and calibrated by ESR (environmental Science and Research).
--At 6.45 a.m. That morning Licensed Trainer Scott Wenn who arrived at the training facility to ride, was requested to provide a sample of his breath. The first reading carried out using the Alcolizer HH1 recorded a level of 242 micrograms of alcohol per litre of breath.
--In accordance with the Protocol a reading of the greater than 90 micrograms of alcohol per litre of breath, shall require the rider to undergo a further alcohol breath test after a minimum of 10 minutes, but not longer than 30 minutes.
--The second reading was deemed to be a confirmed reading.
--At 7.15 a.m. Mr Wenn was further tested using the Alcolizer HH1 and this reading recorded 208 micrograms of alcohol per litre of breath.
--In accordance with the protocol this level for a confirmed reading is a breach of Rule 656(4) of the Rules of Racing.
--Throughout the proceedings Mr Wenn was totally co-operative.
--He acknowledged that during the race meeting at the Te Aroha JC he had partaken in a number of drinks. He was surprised and disappointed at his readings, stating he felt fine.
--Mr Wenn confirmed to the Committee that these were a true and correct record of the facts surrounding the charge. He said he did not think he had consumed too much alcohol on the previous night and he felt fine the next morning to ride trackwork.
--Mr Wenn is a licensed trainer.
--PENALTY SUBMISSIONS
--Mr McKenzie told the Committee that as Mr Wenn is a licensed trainer the starting point for this charge would be a suspension or $1000 fine. However because Mr Wenn had been totally co – operative from the outset and showed genuine remorse for his actions he recommended a fine of $500 would be appropriate.
--PENALTY DECISION
--The Committee carefully considered all of the evidence and submissions as presented. In mitigation we have taken into account Mr Wenn's guilty plea and his full co-operation with NZTR.
--However integrity in racing is most important and this was comprised by the defendant's actions. As safety in the industry is paramount Mr Wenn's actions in presenting himself to ride track work with an excess alcohol level was irresponsible.
--The Committee believes Mr McKenzie has been fair in his penalty recommendations and accordingly we impose a fine of $500.
--No costs were sought as this matter was heard before the start of a race meeting.
--R M Seabrook D C Johnstone
Chairman
Decision Date: 01/01/2001
Publish Date: 01/01/2001
JCA Decision Fields (raw)
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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: 2eb1209c875b13ce43d76b6fd4a36f09
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non Raceday Inquiry - NZTR v S Wenn 16 December 2009 - decision
charge:
facts:
appealdecision:
isappeal:
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reasonsfordecision:
Decision:
IN THE MATTER OF THE NZ RULES OF RACING
--BETWEEN Mr J W McKenzie, Chief Racecourse Inspector -INFORMANT
--AND Mr Scott Wenn, licensed stablehand/ track rider - DEFENDANT
--HEARING: Pukekohe Raceway, 16 December 2009
--JUDICIAL COMMITTEE: R M Seabrook (Chairman)
D C Johnstone
PRESENT: Mr J W McKenzie NZTR
Mr S Wenn
The Defendant Scott Wenn appeared before the J C A on a charge filed against him by Chief Racecourse Inspector Mr J W McKenzie. The details of the charge were set out in Information No 0888.
IN THE MATTER OF THE NZ RULES OF RACING
--BETWEEN Mr J W McKenzie, Chief Racecourse Inspector -INFORMANT
--AND Mr Scott Wenn, licensed stablehand/ track rider - DEFENDANT
--HEARING: Pukekohe Raceway, 16 December 2009
--JUDICIAL COMMITTEE: R M Seabrook (Chairman)
D C Johnstone
PRESENT: Mr J W McKenzie NZTR
Mr S Wenn
The Defendant Scott Wenn appeared before the J C A on a charge filed against him by Chief Racecourse Inspector Mr J W McKenzie. The details of the charge were set out in Information No 0888.
--The Defendant, who appeared on his own behalf, acknowledged receipt of the documents relating to the charge. He informed the Committee he understood the nature of the charge and hearing.
--The Defendant entered a guilty plea to the charge.
--Mr McKenzie produced to the inquiry the required written authority to file the information pursuant to the Rule 903(2)(d)
--The Defendant was charged with a breach of Rule 656(4) which reads as follows:
--THAT on 26 day of November 2009, you did ride a horse at the Te Aroha training facility, AND THAT you were requested by a Racing Investigator Stipendiary Steward, to provide a sample of your breath, AND THAT both on the first and second occasion that you gave such breath sample your breath alcohol level was greater than 100 micrograms of alcohol per litre of breath, AND THAT you are in breach of Rule 656(4) of the New Zealand Rules of Racing, for which you are liable to a penalty or penalties which may be imposed upon you pursuant to Rule 803(1) of the said Rules.
--SUMMARY OF FACTS
--On the morning of Thursday 27th November 2009, NZTR officials went to the Training Facility of the Te Aroha Jockey Club.
--The purpose of the exercise was to breath test all riders for breath alcohol readings.
--The NZTR protocol approved by the Board of New Zeal and Thoroughbred Racing (NZTR) was implemented in accordance with respective Rules of Racing
--The testing was carried out using a Breath Alcohol Testing device, known as the Alcolizer HH1, which is supplied and calibrated by ESR (environmental Science and Research).
--At 6.45 a.m. That morning Licensed Trainer Scott Wenn who arrived at the training facility to ride, was requested to provide a sample of his breath. The first reading carried out using the Alcolizer HH1 recorded a level of 242 micrograms of alcohol per litre of breath.
--In accordance with the Protocol a reading of the greater than 90 micrograms of alcohol per litre of breath, shall require the rider to undergo a further alcohol breath test after a minimum of 10 minutes, but not longer than 30 minutes.
--The second reading was deemed to be a confirmed reading.
--At 7.15 a.m. Mr Wenn was further tested using the Alcolizer HH1 and this reading recorded 208 micrograms of alcohol per litre of breath.
--In accordance with the protocol this level for a confirmed reading is a breach of Rule 656(4) of the Rules of Racing.
--Throughout the proceedings Mr Wenn was totally co-operative.
--He acknowledged that during the race meeting at the Te Aroha JC he had partaken in a number of drinks. He was surprised and disappointed at his readings, stating he felt fine.
--Mr Wenn confirmed to the Committee that these were a true and correct record of the facts surrounding the charge. He said he did not think he had consumed too much alcohol on the previous night and he felt fine the next morning to ride trackwork.
--Mr Wenn is a licensed trainer.
--PENALTY SUBMISSIONS
--Mr McKenzie told the Committee that as Mr Wenn is a licensed trainer the starting point for this charge would be a suspension or $1000 fine. However because Mr Wenn had been totally co – operative from the outset and showed genuine remorse for his actions he recommended a fine of $500 would be appropriate.
--PENALTY DECISION
--The Committee carefully considered all of the evidence and submissions as presented. In mitigation we have taken into account Mr Wenn's guilty plea and his full co-operation with NZTR.
--However integrity in racing is most important and this was comprised by the defendant's actions. As safety in the industry is paramount Mr Wenn's actions in presenting himself to ride track work with an excess alcohol level was irresponsible.
--The Committee believes Mr McKenzie has been fair in his penalty recommendations and accordingly we impose a fine of $500.
--No costs were sought as this matter was heard before the start of a race meeting.
--R M Seabrook D C Johnstone
Chairman
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 903.2.d, 656.4, 803.1
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