Non Raceday Inquiry RIU v AD Williams – Decision dated 17 August 2014
ID: JCA10617
Decision:
BEFORE THE JUDICIAL COMMITTEE
AT CHRISTCHURCH
IN THE MATTER of the New Zealand
Rules of Greyhound Racing
BETWEEN RACING INTEGRITY UNIT
Kylie Williams – Racecourse Investigator
Informant
AND Alan David Williams – Owner/Trainer - NZGRA
Respondent
DECISION OF JUDICIAL COMMITTEE DATED 17 AUGUST 2014
1. This is a hearing into the alleged breaches of Rules 87.1 and 87.3 by licensed Trainer Mr Alan David Williams regarding the two positive swabs returned from two greyhounds in his care. The particulars are:
2. THAT, on the 3rd June 2014, Alan David Williams, being the registered trainer of the greyhound COALPIT MICK presented the greyhound to race in Race 5, the C.T.V. Sprint Heat 4, at the Christchurch Greyhound Racing Club meeting with a prohibited substance, namely Caffeine, Theobromine, Theophylline and Paraxanthine, in its system. This is in breach of Rule 87.1 and 87.3 of the Greyhound Racing New Zealand’s Rules.
3. THAT, on the 24th June 2014, Alan David Williams, being the registered trainer of the greyhound JET EVEN presented the greyhound to race in Race 7, the Dave Emerson Consultancy Dash at the Christchurch GRC meeting with a prohibited substance, namely Caffeine, Theobromine, Theophylline and Paraxanthine, in its system. This is in breach of Rule 87.1 and 87.3 of the Greyhound Racing New Zealand’s Rules.
4. It is alleged Mr Williams has breached the Prohibited Substance Rule of the New Zealand Greyhound Racing Association. Rule 87.1 and 87.3.
5. 87.1 The Owner, Trainer or Person in charge of a Greyhound Nominated to compete in a Race, shall produce the Greyhound for the Race free of any Prohibited Substance.
6. 87.3 Without limiting any of the provisions of these Rules, the Owner and Trainer or person for the time being in charge of any Greyhound brought onto the Racecourse of any Club for the purposes of engaging in any Race which is found on testing, examination or analysis conducted pursuant to these Rules to have received a Prohibited Substance shall be severally guilty of an Offence.
7. The greyhounds are therefore liable to the penalty which may be imposed in accordance to Rule 87.4.
8. 87.4 Any Greyhound which competes in a Race and is found to be the recipient of a Prohibited Substance shall be Disqualified from that Race.
9. Mrs K Williams, Racing Investigator for the RIU, produced to the hearing a copy of Information and the charge sheet, Exhibit 1, 1A and an authority to charge, Exhibit 2, from the General Manager of the Racing Integrity Unit Mr Mike Godber. She also presented the Appointment of the Non Raceday Inquiry from the JCA, Exhibit 3. Mr Williams confirmed to the hearing that he was familiar with the rules and understood the penalty provisions.
10. The facts are as follows: COALPIT MICK was correctly entered and presented to race by trainer Mr Williams in Race 5, the C.T.V. Sprint Heat 4, at the Christchurch Greyhound Racing Club meeting on the 3rd of June 2014. COALPIT MICK finishing 2nd winning a stake of $300 which was paid to Mr Williams. COALPIT MICK is owned by Messrs A D Williams and D J Voyce.
11. Following the race the greyhound was routinely swabbed by the Club’s Veterinarian Ms Leslie Roberts. Mr Williams was present during the taking of the sample and does not contest the swabbing process.
12. The New Zealand Racing Laboratory advised on 24th June 2014 that the swab numbered 090362 had returned a positive to Caffeine, Theobromine, Theophylline and Paraxanthine. Theobromine, Theophylline and Paraxanthine are metabolites of Caffeine. The control sample was negative to Caffeine. Exhibit 4.
13. Copy of the Swab Certificate and Swab Record Book, Exhibit 5, Exhibit 6.
14. Racecourse Investigators Kylie Williams and Robin Scott advised Mr Williams of the positive swab at his property on 26th June 2014. Mr Williams could not offer an explanation for the presence of caffeine in the swab sample. A statement was taken from Mr Williams - Exhibit 7. Various samples were taken from the property and sent to the New Zealand Racing Laboratory for testing, including a urine sample off COALPIT MICK.
15. The New Zealand Racing Laboratory advised on 30th June 2014 that all of the samples had tested negative for Caffeine. Exhibit 8.
16. The Racecourse Investigators returned to Mr Williams’ property on the 3rd July 2014 to discuss the results of the samples tested by the Laboratory and to advise that a screen of the urine sample taken from the greyhound JET EVEN, swab number 090425, from the Christchurch GRC meeting on 24th June 2014 was showing a presence of caffeine. Further samples were taken from Mr Williams’ property.
17. The particulars of swab 090425 are: JET EVEN was entered and presented to race by trainer Mr Williams to race in Race 7, the Dave Emerson Consultancy Dash at the Christchurch GRC meeting on 24th June 2014. JET EVEN finished 3rd and won a stake of $180 which was paid to Mr Williams. JET EVEN is owned by Mr Williams. The greyhound was pre-race swabbed by the Club’s Veterinarian Mr Dave Matheson. Mr Williams was present during the taking of the sample and does not contest the swabbing process.
18. The New Zealand Racing Laboratory confirmed on 9th July 2014 that the swab 090425, JET EVEN, was positive for Caffeine, Theobromine, Theophylline and Paraxanthine. Theobromine, Theophylline and Paraxanthine are metabolites of Caffeine. The control sample was negative to Caffeine. Exhibit 9. Swab Card and Swab Record Book – Exhibit 10, 11.
19. Mr Williams confirmed he did not want the reserve sample from either swab tested.
20. The New Zealand Racing Laboratory advised on 14th July 2014 that the second lot of exhibits were negative for Caffeine, including urine samples off COALPIT MICK and JET EVEN. Exhibit 12.
21. Mr Williams uses the Shirley Vet Clinic to treat his greyhounds and I present two letters from Veterinarian Mr Dave Matheson in relation to the treatment and wellbeing of his greyhounds. The first was provided to Mrs Williams and addresses the manner in which Mr Williams keeps and presents his greyhounds. Mrs Williams said that this supported her own observations of his kennels which were immaculate and a credit to Mr Williams. The second was given to Mr Williams and outlines a treatment given to COALPIT MICK and the only product supplied to Mr Williams, HEMO 15. Exhibit 13 and Exhibit 14.
22. Mr Williams could offer no explanation for the presence of caffeine in either of the swabs, 090362 – COALPIT MICK and 090425 – JET EVEN.
23. Mr Williams admitted the charges against him which are therefore deemed to be proved.
MR WILLIAMS' RESPONSE
1. Mr Williams accepted the facts as outlined by Mrs Williams. He said that he was completely at a loss to explain how caffeine could have got into his dogs’ systems. He said that he supervised the feeding of his dogs and told the hearing that he sometimes his 11 year old daughter helped, but that she only fed the retired dogs.
RIU SUBMISSIONS ON PENALTY
Mrs Williams referred to the penalty provisions of Rule 89.1 Rule 89.1.
Any Person found guilty of an Offence under these Rules shall be liable to:
a. a fine not exceeding $10,000.00 for any one (1) Offence; and/or
b. Suspension; and/or
c. Disqualification; and/or
d. Warning Off.
Mr Williams has not previously been charged with a breach of this rule. Mr Williams is licensed as an Owner/Trainer and has held a licence since 2005 and has trained approximately 150 winners. Mr Williams has also previously been licenced with Harness Racing New Zealand and has no convictions under the Drug Negligence Rules of HRNZ. Given the fact that this case is in relation to two positive swabs and giving credit for the manner in which Mr Williams has conducted himself during this enquiry and admitting the breach at the first opportunity the Racing Integrity Unit submitted that a fine in the vicinity of $2,500.00 should be imposed. A copy of previous penalties for presenting a greyhound with a prohibited substance in its system is listed as Exhibit 15.
In relation to the greyhounds the RIUI seeks that they be disqualified from the races and that any winning stakes be refunded. The results of the races are attached, Exhibit 16, Exhibit 17.
COSTS - The Racing Integrity Unit make no application for costs.
THE RESPONDENT’S SUBMISSIONS ON PENALTY
Mr Williams told the hearing that the charges against him had placed an enormous strain on him and his family. He said that he had stopped his children going to the kennels. He had spent money on upgrading security around the kennels. He has 19 dogs in his kennels. He told the hearing that this matter has upset him to such a degree, that he is now considering giving away training, and keeping to breeding. He said that since this incident, he had placed 3 dogs with another public trainer. Essentially, he is only a “hobby” trainer. He is self employed as a building subcontractor, which is his principal source of income.
He said that he has been involved in the racing and greyhound industry for over 20 years and that he had a clear record. Animal welfare is very important to him, and he said that he always exercises considerable care when transporting his dogs to and from the track.
Mr Williams was also critical of security arrangements at Addington, and produced a copy of a petition addressed to the Christchurch Greyhound Racing Club calling for improvements to be made.
PENALTY DECISION
Mr Williams is given credit for his early admission of the breaches of the rules, and for his co-operation with the RIU Racing Investigators. He also has a clear record which is commendable having regard to the length of time he has been involved in the racing industry. We also take note that there is no suggestion on the part of the RIU that there was a deliberate administration of the prohibited substance. Mr Williams has accepted responsibility for the breaches but can offer no real explanation for the presence of caffeine in his dogs’ systems. Furthermore, Mr Williams has not tried to put forward some fanciful and improbable explanation, which is to his credit. These mitigating factors will be taken into account in the penalty that is to be imposed. For the avoidance of doubt, it should be noted that we have ignored the reference to the lack of security alleged against the Christchurch Greyhound Racing Club, as such a submission has no relevance to the charges against Mr Williams.
The aggravating factor is that two dogs were involved, and that the samples were taken three weeks apart. Having said that, however, we do not mean to imply that suspicious behaviour on Mr Williams’ part is to be inferred. Greater weight is placed on the fact that two dogs were involved.
The penalties provided by the Rules of Greyhound Racing for this kind of breach are quite severe, and as from 1st September 2014 the penalties will be more severe. We have had regard to the penalties imposed in similar cases of recent times, and note that the penalties for the presence of caffeine alone range from $1,500 to $2,000.
We have adopted as a starting point a fine of $2,500 to take into account the aggravating feature of two dogs being involved. Against that, we allow a credit of $500 to take into account the mitigating factors referred to above.
Thus Mr Williams is fined $2,000.
In addition, COALPIT MICK IS DISQUALIFIED from the CTV Sprint (Heat 4) run on 3rd June 2014 and JET EVEN is disqualified from the Dave Emerson Consultancy Dash run on 24th June 2014 and the stakes paid to Mr Williams are to be refunded.
COSTS
There will be no orders as to costs, as this matter was heard on a race day.
FOOTNOTE
It should be noted that there is no relationship between Mrs Kylie Williams, Racing Investigator, and the respondent Mr Allan Williams.
KG HALES Chairman
SC CHING Panelist
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 28/08/2014
Publish Date: 28/08/2014
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.
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decisiondate: 28/08/2014
hearing_title: Non Raceday Inquiry RIU v AD Williams - Decision dated 17 August 2014
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE THE JUDICIAL COMMITTEE
AT CHRISTCHURCH
IN THE MATTER of the New Zealand
Rules of Greyhound Racing
BETWEEN RACING INTEGRITY UNIT
Kylie Williams – Racecourse Investigator
Informant
AND Alan David Williams – Owner/Trainer - NZGRA
Respondent
DECISION OF JUDICIAL COMMITTEE DATED 17 AUGUST 2014
1. This is a hearing into the alleged breaches of Rules 87.1 and 87.3 by licensed Trainer Mr Alan David Williams regarding the two positive swabs returned from two greyhounds in his care. The particulars are:
2. THAT, on the 3rd June 2014, Alan David Williams, being the registered trainer of the greyhound COALPIT MICK presented the greyhound to race in Race 5, the C.T.V. Sprint Heat 4, at the Christchurch Greyhound Racing Club meeting with a prohibited substance, namely Caffeine, Theobromine, Theophylline and Paraxanthine, in its system. This is in breach of Rule 87.1 and 87.3 of the Greyhound Racing New Zealand’s Rules.
3. THAT, on the 24th June 2014, Alan David Williams, being the registered trainer of the greyhound JET EVEN presented the greyhound to race in Race 7, the Dave Emerson Consultancy Dash at the Christchurch GRC meeting with a prohibited substance, namely Caffeine, Theobromine, Theophylline and Paraxanthine, in its system. This is in breach of Rule 87.1 and 87.3 of the Greyhound Racing New Zealand’s Rules.
4. It is alleged Mr Williams has breached the Prohibited Substance Rule of the New Zealand Greyhound Racing Association. Rule 87.1 and 87.3.
5. 87.1 The Owner, Trainer or Person in charge of a Greyhound Nominated to compete in a Race, shall produce the Greyhound for the Race free of any Prohibited Substance.
6. 87.3 Without limiting any of the provisions of these Rules, the Owner and Trainer or person for the time being in charge of any Greyhound brought onto the Racecourse of any Club for the purposes of engaging in any Race which is found on testing, examination or analysis conducted pursuant to these Rules to have received a Prohibited Substance shall be severally guilty of an Offence.
7. The greyhounds are therefore liable to the penalty which may be imposed in accordance to Rule 87.4.
8. 87.4 Any Greyhound which competes in a Race and is found to be the recipient of a Prohibited Substance shall be Disqualified from that Race.
9. Mrs K Williams, Racing Investigator for the RIU, produced to the hearing a copy of Information and the charge sheet, Exhibit 1, 1A and an authority to charge, Exhibit 2, from the General Manager of the Racing Integrity Unit Mr Mike Godber. She also presented the Appointment of the Non Raceday Inquiry from the JCA, Exhibit 3. Mr Williams confirmed to the hearing that he was familiar with the rules and understood the penalty provisions.
10. The facts are as follows: COALPIT MICK was correctly entered and presented to race by trainer Mr Williams in Race 5, the C.T.V. Sprint Heat 4, at the Christchurch Greyhound Racing Club meeting on the 3rd of June 2014. COALPIT MICK finishing 2nd winning a stake of $300 which was paid to Mr Williams. COALPIT MICK is owned by Messrs A D Williams and D J Voyce.
11. Following the race the greyhound was routinely swabbed by the Club’s Veterinarian Ms Leslie Roberts. Mr Williams was present during the taking of the sample and does not contest the swabbing process.
12. The New Zealand Racing Laboratory advised on 24th June 2014 that the swab numbered 090362 had returned a positive to Caffeine, Theobromine, Theophylline and Paraxanthine. Theobromine, Theophylline and Paraxanthine are metabolites of Caffeine. The control sample was negative to Caffeine. Exhibit 4.
13. Copy of the Swab Certificate and Swab Record Book, Exhibit 5, Exhibit 6.
14. Racecourse Investigators Kylie Williams and Robin Scott advised Mr Williams of the positive swab at his property on 26th June 2014. Mr Williams could not offer an explanation for the presence of caffeine in the swab sample. A statement was taken from Mr Williams - Exhibit 7. Various samples were taken from the property and sent to the New Zealand Racing Laboratory for testing, including a urine sample off COALPIT MICK.
15. The New Zealand Racing Laboratory advised on 30th June 2014 that all of the samples had tested negative for Caffeine. Exhibit 8.
16. The Racecourse Investigators returned to Mr Williams’ property on the 3rd July 2014 to discuss the results of the samples tested by the Laboratory and to advise that a screen of the urine sample taken from the greyhound JET EVEN, swab number 090425, from the Christchurch GRC meeting on 24th June 2014 was showing a presence of caffeine. Further samples were taken from Mr Williams’ property.
17. The particulars of swab 090425 are: JET EVEN was entered and presented to race by trainer Mr Williams to race in Race 7, the Dave Emerson Consultancy Dash at the Christchurch GRC meeting on 24th June 2014. JET EVEN finished 3rd and won a stake of $180 which was paid to Mr Williams. JET EVEN is owned by Mr Williams. The greyhound was pre-race swabbed by the Club’s Veterinarian Mr Dave Matheson. Mr Williams was present during the taking of the sample and does not contest the swabbing process.
18. The New Zealand Racing Laboratory confirmed on 9th July 2014 that the swab 090425, JET EVEN, was positive for Caffeine, Theobromine, Theophylline and Paraxanthine. Theobromine, Theophylline and Paraxanthine are metabolites of Caffeine. The control sample was negative to Caffeine. Exhibit 9. Swab Card and Swab Record Book – Exhibit 10, 11.
19. Mr Williams confirmed he did not want the reserve sample from either swab tested.
20. The New Zealand Racing Laboratory advised on 14th July 2014 that the second lot of exhibits were negative for Caffeine, including urine samples off COALPIT MICK and JET EVEN. Exhibit 12.
21. Mr Williams uses the Shirley Vet Clinic to treat his greyhounds and I present two letters from Veterinarian Mr Dave Matheson in relation to the treatment and wellbeing of his greyhounds. The first was provided to Mrs Williams and addresses the manner in which Mr Williams keeps and presents his greyhounds. Mrs Williams said that this supported her own observations of his kennels which were immaculate and a credit to Mr Williams. The second was given to Mr Williams and outlines a treatment given to COALPIT MICK and the only product supplied to Mr Williams, HEMO 15. Exhibit 13 and Exhibit 14.
22. Mr Williams could offer no explanation for the presence of caffeine in either of the swabs, 090362 – COALPIT MICK and 090425 – JET EVEN.
23. Mr Williams admitted the charges against him which are therefore deemed to be proved.
MR WILLIAMS' RESPONSE
1. Mr Williams accepted the facts as outlined by Mrs Williams. He said that he was completely at a loss to explain how caffeine could have got into his dogs’ systems. He said that he supervised the feeding of his dogs and told the hearing that he sometimes his 11 year old daughter helped, but that she only fed the retired dogs.
RIU SUBMISSIONS ON PENALTY
Mrs Williams referred to the penalty provisions of Rule 89.1 Rule 89.1.
Any Person found guilty of an Offence under these Rules shall be liable to:
a. a fine not exceeding $10,000.00 for any one (1) Offence; and/or
b. Suspension; and/or
c. Disqualification; and/or
d. Warning Off.
Mr Williams has not previously been charged with a breach of this rule. Mr Williams is licensed as an Owner/Trainer and has held a licence since 2005 and has trained approximately 150 winners. Mr Williams has also previously been licenced with Harness Racing New Zealand and has no convictions under the Drug Negligence Rules of HRNZ. Given the fact that this case is in relation to two positive swabs and giving credit for the manner in which Mr Williams has conducted himself during this enquiry and admitting the breach at the first opportunity the Racing Integrity Unit submitted that a fine in the vicinity of $2,500.00 should be imposed. A copy of previous penalties for presenting a greyhound with a prohibited substance in its system is listed as Exhibit 15.
In relation to the greyhounds the RIUI seeks that they be disqualified from the races and that any winning stakes be refunded. The results of the races are attached, Exhibit 16, Exhibit 17.
COSTS - The Racing Integrity Unit make no application for costs.
THE RESPONDENT’S SUBMISSIONS ON PENALTY
Mr Williams told the hearing that the charges against him had placed an enormous strain on him and his family. He said that he had stopped his children going to the kennels. He had spent money on upgrading security around the kennels. He has 19 dogs in his kennels. He told the hearing that this matter has upset him to such a degree, that he is now considering giving away training, and keeping to breeding. He said that since this incident, he had placed 3 dogs with another public trainer. Essentially, he is only a “hobby” trainer. He is self employed as a building subcontractor, which is his principal source of income.
He said that he has been involved in the racing and greyhound industry for over 20 years and that he had a clear record. Animal welfare is very important to him, and he said that he always exercises considerable care when transporting his dogs to and from the track.
Mr Williams was also critical of security arrangements at Addington, and produced a copy of a petition addressed to the Christchurch Greyhound Racing Club calling for improvements to be made.
PENALTY DECISION
Mr Williams is given credit for his early admission of the breaches of the rules, and for his co-operation with the RIU Racing Investigators. He also has a clear record which is commendable having regard to the length of time he has been involved in the racing industry. We also take note that there is no suggestion on the part of the RIU that there was a deliberate administration of the prohibited substance. Mr Williams has accepted responsibility for the breaches but can offer no real explanation for the presence of caffeine in his dogs’ systems. Furthermore, Mr Williams has not tried to put forward some fanciful and improbable explanation, which is to his credit. These mitigating factors will be taken into account in the penalty that is to be imposed. For the avoidance of doubt, it should be noted that we have ignored the reference to the lack of security alleged against the Christchurch Greyhound Racing Club, as such a submission has no relevance to the charges against Mr Williams.
The aggravating factor is that two dogs were involved, and that the samples were taken three weeks apart. Having said that, however, we do not mean to imply that suspicious behaviour on Mr Williams’ part is to be inferred. Greater weight is placed on the fact that two dogs were involved.
The penalties provided by the Rules of Greyhound Racing for this kind of breach are quite severe, and as from 1st September 2014 the penalties will be more severe. We have had regard to the penalties imposed in similar cases of recent times, and note that the penalties for the presence of caffeine alone range from $1,500 to $2,000.
We have adopted as a starting point a fine of $2,500 to take into account the aggravating feature of two dogs being involved. Against that, we allow a credit of $500 to take into account the mitigating factors referred to above.
Thus Mr Williams is fined $2,000.
In addition, COALPIT MICK IS DISQUALIFIED from the CTV Sprint (Heat 4) run on 3rd June 2014 and JET EVEN is disqualified from the Dave Emerson Consultancy Dash run on 24th June 2014 and the stakes paid to Mr Williams are to be refunded.
COSTS
There will be no orders as to costs, as this matter was heard on a race day.
FOOTNOTE
It should be noted that there is no relationship between Mrs Kylie Williams, Racing Investigator, and the respondent Mr Allan Williams.
KG HALES Chairman
SC CHING Panelist
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