Non Raceday Inquiry RIU v A M Gillanders 8 October 2012 – Decision dated 11 October 2012
ID: JCA12903
Decision:
NON RACEDAY INQUIRY
NZTR v Miss AM Gillanders
Rule: 656 (3)
NZTR v Miss AM Gillanders
Held: Monday, 8 October 2012 at Woodville Racecourse, Woodville
Judicial Committee: TW Castles, Chairman – P Williams, Committee Member
Registrar: Mr M Davidson – Stipendiary Steward
Present: Mr R Bevege – Investigator, Racing Integrity Unit
Mr M Oulaghan – Licensed Trainer representing Miss Gillanders
Miss AM Gillanders – Licensed Apprentice Jockey
DECISION OF JUDICIAL COMMITTEE
Nature of the charge:
Miss Gillanders is charged that on Saturday 15 September 2012 at Awapuni, being a rider who, having being requested by a Stipendiary Steward to supply a sample of her urine which was found, upon analysis, to contain the controlled drug Cannabis as defined in the Misuse of Drugs Act 1975, committed a breach of Rule 656 (3) 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 803 of the said rules.
Rule 656 (3) provides as follows:
"A rider who, having been required by a Stipendiary Steward or Investigator to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with this Rule must not have blood, breath, urine, saliva or sweat (whichever is the subject of the applicable sample) 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.
Miss Gillanders admitted the charge and acknowledged that she had received a copy of Rule 656 (3) and that she understood the rule.
Mr Bevege provided written authority from the Chief Executive of Racing Integrity Unit to proceed with the charge against Miss Gillanders and he also presented a "Summary of Facts" relating to this charge.
Summary of Facts:
On Saturday 15 September officials of the Racing Integrity Unit conducted drug testing procedures on a number of jockeys who were involved in riding horses at the Marton Racing Club meeting held at the Awapuni Racecourse in Palmerston North.
Licensed Apprentice Jockey, Annissa (Anna) May Gillanders was one of those riders selected to undergo the testing. She was handed a written request for her to undergo the test, by an Investigator. EXHIBIT 1 - tabled.
At 4:40pm that afternoon Miss Gillanders presented herself to the drug testing station and there supplied to the authorised person a sample of her urine. This sample was given the unique bar code number of U139657 and the Racing Integrity Unit portion of such document is produced as EXHIBIT 2 – tabled.
The sample along with all other samples taken that day was taken to the ESR Laboratory in Wellington. By certificate dated 18 September 2012, the ESR declared that urine sample in the name of Anna Gillanders bearing the unique bar code number of U139657 was a positive result for Cannabis.
The certificate also recorded the confirmatory analysis level of THC Acid as being 73 nanograms per millilitre of urine. The certificate is produced as EXHIBIT 3.
On 24 September, Miss Gillanders in the presence of her employer, was handed a copy of the ESR Certificate and also handed a stand down notice in terms of Rule 657. This notice is produced as EXHIBIT 4. She stated to the Investigator that she had smoked Cannabis at a party a few days prior to being tested.
Miss Gillanders is a single person aged 18 years. She is a licensed apprentice jockey with NZTR.
The defendant has not previously appeared before the JCA on any similar matter.
The defendant when interviewed stated she had used cannabis at her home some 10 days prior to the testing date.
During the process of testing and subsequent interview, Miss Gillanders was totally co-operative and provided open and honest answers to all enquiries.
When invited to comment Miss Gillanders said, that she understood there was no place for drugs in the industry. She said she had been working for Mr Oulaghan for 3 years and had made a stupid mistake.
Mr Oulaghan had no comments to make.
Penalty Submissions by the RIU:
New Zealand Thoroughbred’s policy on drugs is well established and has been made known to all stakeholders and licensed persons, particularly riders.
The adverse publicity that is associated with drug offences does nothing to enhance the good image of racing.
The primary purpose of NZTR having a drug policy is one of safety. Safety of the rider and mount, safety of other riders and all other horses in the direct company of any rider under the influence of drugs.
NZ Statutory Law, the Occupational Health and Safety Act requires employers and parent organisations under which an employee is regulated ie: by way of license, to ensure any danger is removed from the work place.
The presence of drugs and those under their influence is deemed a safety issue and where suspected or where it is apparent must be removed.
Miss Gillanders has breached not only the Rules of Racing, but also the Criminal Law – Misuse of Drugs Act 1975.
The principles for sentencing are clearly set out in leading cases of which you will be aware.
Miss Gillanders has pleaded guilty and co-operated in every way with the investigators.
The level of Cannabis detected in the sample is relatively low, suffice to say the level of 73 ng/ml of urine is a moderate level but well above the cut off level of 15ng/ml litre.
Although Miss Gillanders is a young apprentice jockey she was fully aware of the rules relating to drug use and testing. She has previously been tested during track work some time ago.
In seeking a penalty we accept that any penalty must act as a deterrent to other riders but at the same time we wish for Miss Gillanders to be able to continue in her career as an apprentice jockey. In view of this we seek a suspension of her license for a period of three months. This will allow her to continue to be employed by her current employer but will prohibit her from riding on race days or trials.
In relation to costs as this hearing is being held on a race day we are not seeking costs other than $172 for the cost of the ESR analysis.
Penalty Submissions by Miss Gillanders:
Miss Gillanders added little in her submissions. She informed the committee it was a spur of the moment decision to take cannabis and she was unaware how long it stays in the body. It was a decision she regrets and said she was not a regular cannabis user.
Mr Oulaghan had no comments to make.
Decision and Reason:
Miss Gillanders in coming to our decision as to a penalty we have carefully considered the submissions placed before us.
We have noted your admission of the charge and the obvious remorse you have shown. You indicated to the committee that this was a spur of the moment decision and one you obviously regret.
The integrity of racing is paramount and the racing industry has made it abundantly clear that drugs will not be tolerated. Safety of both horses and riders is so vitally important.
This is your first offence under this rule however the committee did express concern that the reading from the ECR certificate showed a level of 73ng/ml, well above the maximum level of 15ng/ml.
The Racing Integrity Unit in their submission informed us that you had previously been tested during trackwork riding some time ago. This indicates to us that you were and are aware of the strict policy that Thoroughbred Racing has on drug use.
In the interests of all involved in the racing industry, it is important that the penalty imposed on you acts as a deterrent to other riders.
We have visited similar breaches of the rule and note that the penalty submitted by the Racing Integrity Unit in your case is consistent with other breaches.
We believe a penalty of suspension must be imposed for this breach. A number of other penalties for a breach of this rule have had a monetary penalty also imposed. We, in this case, view that as not being appropriate. As a young apprentice making your way in the racing world, it is important that you receive every opportunity to expand your career minus a financial burden.
Miss Gillanders your license which was cancelled on 24 September 2012 is of today, 8 October 2012, reinstated.
Penalty:
Miss Gillanders you are suspended from race riding from 24 September 2012 which is the date of your license cancellation until the completion of racing on 23 December 2012 (3 calendar months). You are also ordered to pay to the RIU the cost of the ESR fee of $172.00.
TW Castles P Williams
Chairman Committee Member
8 October 2012
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 04/10/2012
Publish Date: 04/10/2012
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: 666d97930fa1b075faf6c34a3efb0cf1
informantnumber: A3202
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/10/2012
hearing_title: Non Raceday Inquiry RIU v A M Gillanders 8 October 2012 - Decision dated 11 October 2012
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
NON RACEDAY INQUIRY
NZTR v Miss AM Gillanders
Rule: 656 (3)
NZTR v Miss AM Gillanders
Held: Monday, 8 October 2012 at Woodville Racecourse, Woodville
Judicial Committee: TW Castles, Chairman – P Williams, Committee Member
Registrar: Mr M Davidson – Stipendiary Steward
Present: Mr R Bevege – Investigator, Racing Integrity Unit
Mr M Oulaghan – Licensed Trainer representing Miss Gillanders
Miss AM Gillanders – Licensed Apprentice Jockey
DECISION OF JUDICIAL COMMITTEE
Nature of the charge:
Miss Gillanders is charged that on Saturday 15 September 2012 at Awapuni, being a rider who, having being requested by a Stipendiary Steward to supply a sample of her urine which was found, upon analysis, to contain the controlled drug Cannabis as defined in the Misuse of Drugs Act 1975, committed a breach of Rule 656 (3) 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 803 of the said rules.
Rule 656 (3) provides as follows:
"A rider who, having been required by a Stipendiary Steward or Investigator to supply a sample of his blood, breath, urine, saliva or sweat (or more than one thereof) in accordance with this Rule must not have blood, breath, urine, saliva or sweat (whichever is the subject of the applicable sample) 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.
Miss Gillanders admitted the charge and acknowledged that she had received a copy of Rule 656 (3) and that she understood the rule.
Mr Bevege provided written authority from the Chief Executive of Racing Integrity Unit to proceed with the charge against Miss Gillanders and he also presented a "Summary of Facts" relating to this charge.
Summary of Facts:
On Saturday 15 September officials of the Racing Integrity Unit conducted drug testing procedures on a number of jockeys who were involved in riding horses at the Marton Racing Club meeting held at the Awapuni Racecourse in Palmerston North.
Licensed Apprentice Jockey, Annissa (Anna) May Gillanders was one of those riders selected to undergo the testing. She was handed a written request for her to undergo the test, by an Investigator. EXHIBIT 1 - tabled.
At 4:40pm that afternoon Miss Gillanders presented herself to the drug testing station and there supplied to the authorised person a sample of her urine. This sample was given the unique bar code number of U139657 and the Racing Integrity Unit portion of such document is produced as EXHIBIT 2 – tabled.
The sample along with all other samples taken that day was taken to the ESR Laboratory in Wellington. By certificate dated 18 September 2012, the ESR declared that urine sample in the name of Anna Gillanders bearing the unique bar code number of U139657 was a positive result for Cannabis.
The certificate also recorded the confirmatory analysis level of THC Acid as being 73 nanograms per millilitre of urine. The certificate is produced as EXHIBIT 3.
On 24 September, Miss Gillanders in the presence of her employer, was handed a copy of the ESR Certificate and also handed a stand down notice in terms of Rule 657. This notice is produced as EXHIBIT 4. She stated to the Investigator that she had smoked Cannabis at a party a few days prior to being tested.
Miss Gillanders is a single person aged 18 years. She is a licensed apprentice jockey with NZTR.
The defendant has not previously appeared before the JCA on any similar matter.
The defendant when interviewed stated she had used cannabis at her home some 10 days prior to the testing date.
During the process of testing and subsequent interview, Miss Gillanders was totally co-operative and provided open and honest answers to all enquiries.
When invited to comment Miss Gillanders said, that she understood there was no place for drugs in the industry. She said she had been working for Mr Oulaghan for 3 years and had made a stupid mistake.
Mr Oulaghan had no comments to make.
Penalty Submissions by the RIU:
New Zealand Thoroughbred’s policy on drugs is well established and has been made known to all stakeholders and licensed persons, particularly riders.
The adverse publicity that is associated with drug offences does nothing to enhance the good image of racing.
The primary purpose of NZTR having a drug policy is one of safety. Safety of the rider and mount, safety of other riders and all other horses in the direct company of any rider under the influence of drugs.
NZ Statutory Law, the Occupational Health and Safety Act requires employers and parent organisations under which an employee is regulated ie: by way of license, to ensure any danger is removed from the work place.
The presence of drugs and those under their influence is deemed a safety issue and where suspected or where it is apparent must be removed.
Miss Gillanders has breached not only the Rules of Racing, but also the Criminal Law – Misuse of Drugs Act 1975.
The principles for sentencing are clearly set out in leading cases of which you will be aware.
Miss Gillanders has pleaded guilty and co-operated in every way with the investigators.
The level of Cannabis detected in the sample is relatively low, suffice to say the level of 73 ng/ml of urine is a moderate level but well above the cut off level of 15ng/ml litre.
Although Miss Gillanders is a young apprentice jockey she was fully aware of the rules relating to drug use and testing. She has previously been tested during track work some time ago.
In seeking a penalty we accept that any penalty must act as a deterrent to other riders but at the same time we wish for Miss Gillanders to be able to continue in her career as an apprentice jockey. In view of this we seek a suspension of her license for a period of three months. This will allow her to continue to be employed by her current employer but will prohibit her from riding on race days or trials.
In relation to costs as this hearing is being held on a race day we are not seeking costs other than $172 for the cost of the ESR analysis.
Penalty Submissions by Miss Gillanders:
Miss Gillanders added little in her submissions. She informed the committee it was a spur of the moment decision to take cannabis and she was unaware how long it stays in the body. It was a decision she regrets and said she was not a regular cannabis user.
Mr Oulaghan had no comments to make.
Decision and Reason:
Miss Gillanders in coming to our decision as to a penalty we have carefully considered the submissions placed before us.
We have noted your admission of the charge and the obvious remorse you have shown. You indicated to the committee that this was a spur of the moment decision and one you obviously regret.
The integrity of racing is paramount and the racing industry has made it abundantly clear that drugs will not be tolerated. Safety of both horses and riders is so vitally important.
This is your first offence under this rule however the committee did express concern that the reading from the ECR certificate showed a level of 73ng/ml, well above the maximum level of 15ng/ml.
The Racing Integrity Unit in their submission informed us that you had previously been tested during trackwork riding some time ago. This indicates to us that you were and are aware of the strict policy that Thoroughbred Racing has on drug use.
In the interests of all involved in the racing industry, it is important that the penalty imposed on you acts as a deterrent to other riders.
We have visited similar breaches of the rule and note that the penalty submitted by the Racing Integrity Unit in your case is consistent with other breaches.
We believe a penalty of suspension must be imposed for this breach. A number of other penalties for a breach of this rule have had a monetary penalty also imposed. We, in this case, view that as not being appropriate. As a young apprentice making your way in the racing world, it is important that you receive every opportunity to expand your career minus a financial burden.
Miss Gillanders your license which was cancelled on 24 September 2012 is of today, 8 October 2012, reinstated.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
Miss Gillanders you are suspended from race riding from 24 September 2012 which is the date of your license cancellation until the completion of racing on 23 December 2012 (3 calendar months). You are also ordered to pay to the RIU the cost of the ESR fee of $172.00.
TW Castles P Williams
Chairman Committee Member
8 October 2012
hearing_type: Non-race day
Rules: 656(3)
Informant: Mr R Bevege - Investigator - Racing Integrity Unit
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Bevege - Investigator - Racing Integrity Unit, Mr M Oulaghan - Licensed Trainer representing Miss Gillanders, Miss A M Gillanders - Licensed Apprentice Jockey
Respondent: Miss A M Gillanders - Licensed Apprentice Jockey
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