Non Raceday Inquiry RIU v BR Lammas 28 May 2012 – Decision

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decisiondate: 24/05/2012

hearing_title: Non Raceday Inquiry RIU v BR Lammas 28 May 2012 - Decision

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY JUDICIAL COMMITTEE DECISION
RIU v MR BR LAMMAS LICENSED JOCKEY
28 MAY 2012
Informant: Mr R Neal, Stipendiary Steward
Defendant: Mr BR Lammas, Licensed Jockey
Date: 28 May 2012
Venue: Otaki Racecourse
Rule No: 656(3)
Judicial Committee: N McCutcheon, Chairman - P Williams – Committee Member
Registrar: Mr A Ray
Plea: Admitted

A document was presented by Mr Neal authorising him to prefer the said charge. The document was signed by Mr M Godber, RIU.

Charge:
THAT on Saturday 14 April 2012 at the Riccarton Racecourse been required by a Racecourse Investigator to supply a sample of your urine in accordance with Rule 656(3) of the New Zealand Rules of Racing, you had urine which was found upon analysis to contain the diuretic drug Frusemide and thereby committed a breach of the said Rule 656(3) AND THAT you are therefore liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 803 of the said Rules.

Mr Lammas said that he understood the rule and the charge and confirmed that he admitted the breach. Accordingly the charge was proved.

Summary of Facts:
1. On Saturday 14 April 2012 RIU officials conducted routine drug testing during the currency of the Canterbury Jockey Club’s meeting at Riccarton Racecourse.

2. The defendant Branden (Buddy) Lammas was one of the riders selected to be tested.

3. Buddy Lammas was subsequently advised in writing that he was required to supply a specimen of his urine prior to him leaving the racecourse.

4. Mr Lammas duly attended the testing station as requested and supplied a sample of his urine. This sample was given the ID number A12ESR28363.

5. This sample along with all other samples were dispatched to the Institute of Environmental Scientific and Research Ltd (ESR) Laboratory in Porirua on Monday 16 April 2012.

6. On Tuesday 1 May 2012 the RIU received written notification from ESR that Mr Lammas’s urine sample (ID number A12ESR28363) had tested not negative to the presence of Frusemide. This was in effect a positive result. (ESR Urine Drug Test attached).

7. On Tuesday 1 May 2012 (following the Otaki Maori Race meeting) Mr Lammas was interviewed and an explanation sought as to what could have given rise to the adverse result.

8. Mr Lammas’s explanation was that, while readily admitting to taking dietary supplements, including the weight control product Fat Burner he was nonetheless at a loss to explain how the result had tested positive to Frusemide.

9. Mr Lammas did however state that he had taken a Duromine capsule which he had obtained from a fellow rider.

10. Mr Lammas, when again spoken to at the Otaki Trials on Tuesday 22 May 2012 advised that a possible reason for the adverse result was him drinking coffee at a trainer’s property which had been supplemented with Frusemide by way of the trainer having to take Frusemide for a medical condition. Mr Lammas submitted that the coffee cups may have become mixed up.

11. With respect to the product Frusemide, NZTR Medical Advisor Dr. Phil White advised that to the best of his knowledge Frusemide was not found in either over-the-counter or prescription weight loss products but rather was a drug taken on its own.

12. Buddy Lammas was subsequently charged with a breach of Rule 656(3).

Mr Lammas acknowledged the summary to be true and correct.

A letter from Licensed Trainer “Mrs C” was presented by Mr Lammas and read as follows:

“On Thursday 12 April, Buddy called around to tell me how my two year old worked as I had to leave the track early. I was making a coffee and offered one to Buddy, because of my heart condition I am on Frusemide tablets to keep the fluid away from my heart, and I put a tablet in my coffee, we were chatting and Buddy grabbed the coffees and took them over to the table, and I think our cups got muddled up and Buddy must have taken mine by mistake, as we both have our coffees the same”

Mr Neal had no questions or comments re the letter.

Mr Lammas for his part said that he has never used Frusemide to reduce his weight, as he is well aware of the affects it can have on one’s body. He said that the only way it could have got into his system was by drinking from the wrong cup of coffee.

Penalty Submissions:
Mr Neal outlined Mr Lammas’s record and said that it was a good record considering the number of rides he has had and said that Mr Lammas did not cause the Stewards any problems away from raceday. He added that the breach was one of strict liability and highlighted the need for riders to present themselves free of drugs. Mr Neal said that all riders were well aware of the consequences of taking drugs. He submitted that a fine in the region of $500 - $750 was appropriate on this occasion and also asked for costs of $150 being the amount of the ESR testing.

Mr Lammas said that under the circumstances, including that Frusemide was in his system due to him drinking coffee that unknown to him contained the drug that the minimum fine should be imposed. He also said that if he had knowingly taken the drug he would have immediately contacted the Stipendiary Stewards.

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penalty:

The committee has reviewed the most recent penalties and believe a starting point for this offence is $750. We are prepared to discount this due to;

1. The admittance of the breach
2. Good record
3. The acceptance of the information provided in letter form from Licensed Trainer “Mrs C” re the possibility of Mr Lammas inadvertently drinking coffee that contained the said drug when visiting her

Weighed against these matters is the responsibility of riders to present themselves for racing drug-free. This is paramount in the interests of safety for riders and horses.

We fine Mr Lammas $600 plus $150 being ESR costs.

As the matter was heard on a race morning there was no other order as to costs.

hearing_type: Non-race day

Rules: 656(3)

Informant: Mr R Neal - Stipendiary Steward

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Respondent: Mr BR Lammas - Licensed Jockey

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