Non Raceday Inquiry RIU v C B Millar 30 September 2013 – Decision dated 3 October 2013
ID: JCA11768
Decision:
BEFORE THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Racing
BETWEEN RACING INTEGRITY UNIT (RIU)
Informant
AND CHARLOTTE BELLE MILLAR
Respondent
Judicial Committee: Mrs N Moffatt, Chairman - Mr T Utikere, Committee Member
Appearing: Mr R Carmichael (for the informant) – Ms C Millar (as the respondent)
Registrar: Mr R Bevege
Venue: Stewards Lounge, Awapuni Racecourse, Palmerston North
Date of Hearing: 30 September 2013
Date of Written Decision: 3 October 2013
___________________________________________________________________________
DECISION OF JUDICIAL COMMITTEE
___________________________________________________________________________
[1] Ms Millar appears before this Judicial Committee on the following charge:
Information Number A2857
THAT on the 20th day of August 2013 at Foxton Racecourse, Charlotte Belle Millar committed a breach of the provisions of Rule 656(3) of the Rules of Racing in that, being the holder of a Class A Misc. Licence (riding), and being required by a Racing Investigator to supply a sample of her urine, such sample was found upon analysis to contain a controlled drug as defined in the Misuse of Drugs Act 1975, namely THC Acid (Cannabis); and that Charlotte Belle Millar is therefore liable to the penalty or penalties that may be imposed pursuant to Rule 803 of the Rules of Racing.
[2] The rule reads as follows:
Rule 656 (3) - “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.”
[3] Ms Millar confirmed that she understood Rule 656(3) and that she admitted the charge. We thus find the charge proved.
[4] Mr Carmichael tabled a signed authority from the Racing Integrity Unit (RIU) to proceed with the charge against Ms Millar. Copies of the Information, the appropriate notice to the various parties, and the appointment of the Judicial Committee were also tabled.
FACTS
[5] A précis of the relevant aspects, as they relate to the charge before this committee, follows:
[6] Ms Millar is aged 21 years. She has been riding trackwork at Foxton for about 5 years. She is the holder of the appropriate Rider Licence, issued by New Zealand Thoroughbred Racing.
[7] On 20 August 2013 Ms Millar was one of a number of riders selected to be drug tested during routine trackwork at Foxton Racecourse. A copy of the appropriate Notice was produced as Exhibit 6.
[8] The substance testing of Riders is authorised pursuant to Rules 104, 208, 314 and 656 of the Rules of Racing. A copy of those rules was produced as Exhibit 7.
[9] The conduct of the substance testing at Foxton was carried out by Gabrielle Tatana (NZDDA), an Authorised Person within the meaning of the Rules of Racing.
[10] Ms Millar supplied a urine sample “that was within the required temperature range”. An indicative test carried out by the Authorised Person showed the presence of THC Acid (Cannabis). The completed NZDDA forms were produced as Exhibit 8.
[11] Upon being notified of the indicative test Ms Millar admitted that she had used Cannabis. That admission is consistent with the level of Cannabis detected.
[12] As a consequence, the completed sample was correctly packaged and sealed and forwarded by courier to the ESR Laboratory where it was received on Wednesday 21 August 2013. The completed ESR Drug Testing Form was produced as Exhibit 9.
[13] On 23 August 2013 written advice was received from the ESR Laboratory confirming that the sample obtained from Ms Millar at Foxton on 20 August 2013 contained THC Acid (Cannabis) at a level of 130ng/ml. A copy of the Drug Testing Report was produced as Exhibit 10.
[14] THC Acid (Cannabis) is a Class C Controlled Drug within the meaning of the Misuse of Drugs Act 1975. It is described as having “mild to moderate analgesic effects”. The confirmed presence of THC Acid (Cannabis) in a Rider sample is, prima facie, a breach of the Rules of Racing.
[15] The appropriate Stand Down Notice (Rule 657) was served upon Ms Millar at Foxton 28 August 2013 and was produced as Exhibit 12.
[16] When given the opportunity to address the committee, Ms Millar had nothing further to add.
PENALTY SUBMISSIONS BY INFORMANT
[17] Mr Carmichael advanced the following submission points as to penalty:
[18] The use of Controlled Drugs, as defined in the Misuse of Drugs Act, by Riders engaged in races, trials or trackwork riding seriously impugns the integrity of racing and, more particularly, the safety of Riders. The purpose of the rules in relation to testing is therefore quite plain. Riders well know, or ought to know, that a positive test will result in either disqualification or suspension of the relevant Rider Licence. Riders in New Zealand have been subject to random testing since 1995 so they should be well aware that if they use Controlled Drugs they must also be aware that they will suffer the appropriate penalties.
[19] Since February 2010 there have been 19 prosecutions of riders for the use of Cannabis. Penalties that have been imposed range from 6 months disqualification to suspension of licence for 4 weeks suspension. A schedule of those penalties was produced as Exhibit 13.
[20] Ordinarily, and consistent with submissions in previous similar cases, the Informant would seek the suspension of a Trackwork Rider’s Licence for a period of three months.
[21] In support of that submission the Informant referred to the Judicial Committee decisions in the following similar cases involving Cannabis:
• RIU v O (2011)
• RIU v B (2012)
• RIU v G (2012)
• RIU v L (2013)
• RIU v T (2011)
[22] Ms Millar had admitted the offence at the first opportunity and had consented to the matter being initially determined by a Judicial Committee on a race day, thus minimising costs to the industry.
[23] It was the Informant’s submission that, as a starting point, Ms Millar’s licence should be suspended for a period of three months. The Judicial Committee would be entitled though to mitigate that penalty in terms of the preceding paragraph hereof and, by reference to the cases referred to. The RIU also noted that this was Ms Millar’s first breach of the Rules of Racing.
[24] It was further submitted that Ms Millar was employed by Grant Laursen as a stablehand and trackwork rider and it was understood that this was her only source of income.
[25] The Informant also sought costs of $172.21, being the cost of the sample analysis.
PENALTY SUBMISSIONS BY RESPONDENT
[26] Ms Millar initially indicated she had nothing to say. In response to a question from the committee, she advised that her Aunty had died and she along with some of her family members went to the beach to smoke some cannabis. She submitted that she was not a regular user of cannabis. She also advised she had been licensed to ride trackwork for the last 5 years.
DECISION
[27] In coming to our decision we have carefully considered all of the submissions placed before us.
[28] In mitigation, the committee notes Ms Millar’s admission of the breach, her co-operation with the investigation process, and her very good record, having no previous breaches of the rules.
[29] An aggravating feature is that Ms Millar was riding trackwork whilst under the influence of cannabis; posing a safety risk to horses, riders and other industry participants.
[30] In submitting on penalty, the RIU identified five previous decisions, all of which the committee acknowledge to have differing parallels with regard to mitigating and aggravating factors. In determining penalty we consider there to be direct parallels with RIU v B on this occasion.
Penalty:
[31] We reinstate Mr Ms Millar’s Class A Misc. Licence (Riding) as of 30 September 2013.
[32] Taking all matters into account we are satisfied that a period of suspension is the most appropriate means to act as a deterrent on this occasion, and adopts a starting point of three months. After considering the aggravating and mitigating factors, the committee believes a two months period of suspension is appropriate.
[33] Accordingly, Ms Millar’s Licence is suspended for a period of two months from 28 August 2013 until 28 October 2013.
COSTS
[34] The Respondent is ordered to pay costs of $172.21 to the RIU for sample analysis costs. A further order for costs to the Judicial Control Authority in the amount of $200 is also made.
Nicki Moffatt Tangi Utikere
Chairman Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 09/10/2013
Publish Date: 09/10/2013
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: 2604823d7b84564309eafbb790d1ec59
informantnumber: A2857
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startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/10/2013
hearing_title: Non Raceday Inquiry RIU v C B Millar 30 September 2013 - Decision dated 3 October 2013
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Racing
BETWEEN RACING INTEGRITY UNIT (RIU)
Informant
AND CHARLOTTE BELLE MILLAR
Respondent
Judicial Committee: Mrs N Moffatt, Chairman - Mr T Utikere, Committee Member
Appearing: Mr R Carmichael (for the informant) – Ms C Millar (as the respondent)
Registrar: Mr R Bevege
Venue: Stewards Lounge, Awapuni Racecourse, Palmerston North
Date of Hearing: 30 September 2013
Date of Written Decision: 3 October 2013
___________________________________________________________________________
DECISION OF JUDICIAL COMMITTEE
___________________________________________________________________________
[1] Ms Millar appears before this Judicial Committee on the following charge:
Information Number A2857
THAT on the 20th day of August 2013 at Foxton Racecourse, Charlotte Belle Millar committed a breach of the provisions of Rule 656(3) of the Rules of Racing in that, being the holder of a Class A Misc. Licence (riding), and being required by a Racing Investigator to supply a sample of her urine, such sample was found upon analysis to contain a controlled drug as defined in the Misuse of Drugs Act 1975, namely THC Acid (Cannabis); and that Charlotte Belle Millar is therefore liable to the penalty or penalties that may be imposed pursuant to Rule 803 of the Rules of Racing.
[2] The rule reads as follows:
Rule 656 (3) - “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.”
[3] Ms Millar confirmed that she understood Rule 656(3) and that she admitted the charge. We thus find the charge proved.
[4] Mr Carmichael tabled a signed authority from the Racing Integrity Unit (RIU) to proceed with the charge against Ms Millar. Copies of the Information, the appropriate notice to the various parties, and the appointment of the Judicial Committee were also tabled.
FACTS
[5] A précis of the relevant aspects, as they relate to the charge before this committee, follows:
[6] Ms Millar is aged 21 years. She has been riding trackwork at Foxton for about 5 years. She is the holder of the appropriate Rider Licence, issued by New Zealand Thoroughbred Racing.
[7] On 20 August 2013 Ms Millar was one of a number of riders selected to be drug tested during routine trackwork at Foxton Racecourse. A copy of the appropriate Notice was produced as Exhibit 6.
[8] The substance testing of Riders is authorised pursuant to Rules 104, 208, 314 and 656 of the Rules of Racing. A copy of those rules was produced as Exhibit 7.
[9] The conduct of the substance testing at Foxton was carried out by Gabrielle Tatana (NZDDA), an Authorised Person within the meaning of the Rules of Racing.
[10] Ms Millar supplied a urine sample “that was within the required temperature range”. An indicative test carried out by the Authorised Person showed the presence of THC Acid (Cannabis). The completed NZDDA forms were produced as Exhibit 8.
[11] Upon being notified of the indicative test Ms Millar admitted that she had used Cannabis. That admission is consistent with the level of Cannabis detected.
[12] As a consequence, the completed sample was correctly packaged and sealed and forwarded by courier to the ESR Laboratory where it was received on Wednesday 21 August 2013. The completed ESR Drug Testing Form was produced as Exhibit 9.
[13] On 23 August 2013 written advice was received from the ESR Laboratory confirming that the sample obtained from Ms Millar at Foxton on 20 August 2013 contained THC Acid (Cannabis) at a level of 130ng/ml. A copy of the Drug Testing Report was produced as Exhibit 10.
[14] THC Acid (Cannabis) is a Class C Controlled Drug within the meaning of the Misuse of Drugs Act 1975. It is described as having “mild to moderate analgesic effects”. The confirmed presence of THC Acid (Cannabis) in a Rider sample is, prima facie, a breach of the Rules of Racing.
[15] The appropriate Stand Down Notice (Rule 657) was served upon Ms Millar at Foxton 28 August 2013 and was produced as Exhibit 12.
[16] When given the opportunity to address the committee, Ms Millar had nothing further to add.
PENALTY SUBMISSIONS BY INFORMANT
[17] Mr Carmichael advanced the following submission points as to penalty:
[18] The use of Controlled Drugs, as defined in the Misuse of Drugs Act, by Riders engaged in races, trials or trackwork riding seriously impugns the integrity of racing and, more particularly, the safety of Riders. The purpose of the rules in relation to testing is therefore quite plain. Riders well know, or ought to know, that a positive test will result in either disqualification or suspension of the relevant Rider Licence. Riders in New Zealand have been subject to random testing since 1995 so they should be well aware that if they use Controlled Drugs they must also be aware that they will suffer the appropriate penalties.
[19] Since February 2010 there have been 19 prosecutions of riders for the use of Cannabis. Penalties that have been imposed range from 6 months disqualification to suspension of licence for 4 weeks suspension. A schedule of those penalties was produced as Exhibit 13.
[20] Ordinarily, and consistent with submissions in previous similar cases, the Informant would seek the suspension of a Trackwork Rider’s Licence for a period of three months.
[21] In support of that submission the Informant referred to the Judicial Committee decisions in the following similar cases involving Cannabis:
• RIU v O (2011)
• RIU v B (2012)
• RIU v G (2012)
• RIU v L (2013)
• RIU v T (2011)
[22] Ms Millar had admitted the offence at the first opportunity and had consented to the matter being initially determined by a Judicial Committee on a race day, thus minimising costs to the industry.
[23] It was the Informant’s submission that, as a starting point, Ms Millar’s licence should be suspended for a period of three months. The Judicial Committee would be entitled though to mitigate that penalty in terms of the preceding paragraph hereof and, by reference to the cases referred to. The RIU also noted that this was Ms Millar’s first breach of the Rules of Racing.
[24] It was further submitted that Ms Millar was employed by Grant Laursen as a stablehand and trackwork rider and it was understood that this was her only source of income.
[25] The Informant also sought costs of $172.21, being the cost of the sample analysis.
PENALTY SUBMISSIONS BY RESPONDENT
[26] Ms Millar initially indicated she had nothing to say. In response to a question from the committee, she advised that her Aunty had died and she along with some of her family members went to the beach to smoke some cannabis. She submitted that she was not a regular user of cannabis. She also advised she had been licensed to ride trackwork for the last 5 years.
DECISION
[27] In coming to our decision we have carefully considered all of the submissions placed before us.
[28] In mitigation, the committee notes Ms Millar’s admission of the breach, her co-operation with the investigation process, and her very good record, having no previous breaches of the rules.
[29] An aggravating feature is that Ms Millar was riding trackwork whilst under the influence of cannabis; posing a safety risk to horses, riders and other industry participants.
[30] In submitting on penalty, the RIU identified five previous decisions, all of which the committee acknowledge to have differing parallels with regard to mitigating and aggravating factors. In determining penalty we consider there to be direct parallels with RIU v B on this occasion.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
[31] We reinstate Mr Ms Millar’s Class A Misc. Licence (Riding) as of 30 September 2013.
[32] Taking all matters into account we are satisfied that a period of suspension is the most appropriate means to act as a deterrent on this occasion, and adopts a starting point of three months. After considering the aggravating and mitigating factors, the committee believes a two months period of suspension is appropriate.
[33] Accordingly, Ms Millar’s Licence is suspended for a period of two months from 28 August 2013 until 28 October 2013.
COSTS
[34] The Respondent is ordered to pay costs of $172.21 to the RIU for sample analysis costs. A further order for costs to the Judicial Control Authority in the amount of $200 is also made.
Nicki Moffatt Tangi Utikere
Chairman Committee Member
hearing_type: Non-race day
Rules: 656(3)
Informant: Mr R Carmichael - Racing Integrity Unit
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PersonPresent: Mr R Carmichael - for the Informant, Ms C Millar - as the Respondent
Respondent: Ms C Millar
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