Non Raceday Inquiry RIU v C Hollis – Decision dated 17 January 2015

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decisiondate: 25/01/2015

hearing_title: Non Raceday Inquiry RIU v C Hollis - Decision dated 17 January 2015

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NON RACEDAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
Non Race Day Judicial Committee:
Mr Richard Seabrook, Chair - Mr Adrian Dooley, Committee Member
VENUE: Te Rapa Racecourse
DATE: 17 January 2015
INFORMATION NUMBER: 2222
INFORMANT:
Racing Integrity Unit - Mr Bryan Oliver, Assistant Investigator
RESPONDENT:
Mr Clint Hollis, licensed track rider
PERSONS PRESENT
Mrs S Fuller, Licensed Trainer
RULE: Rule 656 (3)
This Rule reads as follows:
“A rider or any other licensed holder who has carried out, is carrying out or is likely to carry out, a safety sensitive activity at a race course, training facility or trainer’s premises who having been required by a stipendiary steward or investigator to supply a sample in accordance with this rule must not have a 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, artefacts or isomers.”

Prior to the commencement of the hearing Mr Oliver produced a letter from the General Manager of the RIU, Mr M Godber, authorising this charge to be lodged.

PLEA: Admitted

CHARGE:
On the 8th day of December 2014 at Pukekohe racecourse, having been required by an 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 controlled drug Cannabis as defined in the Misuse of Drugs Act 1975, and thereby committed a breach of the said rule 656(3) AND THAT you are thereby liable to the penalty or penalties which may be imposed on you pursuant to Rule 803 of the said rules.

Mr Hollis confirmed to the committee that he understood the charge and Rule and said he had been served with a copy of both.

SUBMISSIONS by Mr B Oliver, Race Course Investigator
On Monday the 8th of December 2014, officials from the Racing Integrity Unit conducted random drug testing at the Pukekohe Racecourse.

This defendant, Clint Hollis, was one of the people randomly selected for testing and was served with the appropriate notice at 7.15am. Mr. Hollis provided the sample at 8.49am. The sample gave a non negative indicative reading for cannabis. The sample was forwarded to the ESR for analysis that day.

On the 15th of December 2014, the Drug Test Report was received from the ESR Analyst which established that the urine sample provided by Mr. Hollis on the 8th of December was positive to cannabis. The THC Acid level was 210 monograms per millilitre of urine. This reading is in the mid-range.

Mr. Hollis indicated in a statement taken on the 8th of December that he had had a few puffs of cannabis in a social setting at Whangarei. He said that he didn’t possess any cannabis and it would have been about a month before that he had used cannabis prior to the Whangarei use.

Throughout the investigation Mr. Hollis has been co operative. He voluntarily stood himself down from all track work riding from the 9th of December.

Mr. Hollis is 43 years of age and has been involved in the industry most of his life. He said he earns all his income from his track work riding. He says that any suspension or disqualification would cost him about $500 a week and that he was unlikely to obtain any other type of work.
He is single and lives in the Pukekohe area.

SUBMISSIONS by Mr C Hollis
Before presenting his submissions Mr Hollis presented a letter of support from licensed trainer Mrs M Murdoch which the committee then read.

Mr Hollis said he was very remorseful of his actions, particularly as he had let down a lot of trainers. He said on this occasion he was away competing at a show and he had a few puffs which in hindsight was a poor decision.

Mrs Fuller then spoke in support of Mr Hollis saying she had known him for 20 years during which time he had assisted her in working her horses. She said that he was a colourful character and she could see how he ended up in this situation. Mrs Fuller concluded by saying Mr Hollis was very professional and did not have a drug problem added to which he was needed in the industry.

DECISION:

As the breach was admitted we find the charge proved.

PENALTY SUBMISSIONS by Mr B Oliver
New Zealand Thoroughbred Racing has been drug testing industry participants since 1995 and since that time there has been a growing awareness that there is an absolute obligation on those riding horses to present themselves free of the influences of any drug.

All riders are aware of the policy and the consequences should they not comply. The testing is conducted for two reasons, the need to maintain a healthy and safe workplace and secondly to maintain the integrity of the industry.

Historical penalties for breaches of the industry drug laws show some divergence. The type of drug, the situation and the amount of the drug in the system add to this divergence.

On this occasion Mr. Hollis has presented himself at the Cambridge Training Centre to ride track work while the drug cannabis was within his body. Cannabis is a class C drug and the amount within his system was in the mid to low range.

It is submitted that a period of three months suspension and the cost of the analysis of $187.50 (to the RIU) should be imposed.

As Mr. Hollis voluntarily stood down from riding on the 9th of December 2014, the RIU recommends that any suspension that may be imposed commence from that date.

PENALTY SUBMISIONS by Mr C Hollis
Mr Hollis said he would like time to pay the costs of the analysis if those costs were awarded against him.

REASONS FOR PENALTY
Before imposing and appropriate penalty the committee referred to similar breaches of this rule for track work riders. The committee has carefully considered all the evidence, the letter of support and the submissions as presented.

Mitigating factors are that Mr Hollis admitted the breach and this was his first charge under this rule. It is also evident that he has been fully co-operative with the Investigator throughout the investigation.

However the integrity of racing is always paramount and this was compromised on this occasion by the actions of Mr Hollis. Obviously a drug free environment is essential as the question of safety is compromised when riders present themselves with any prohibited substance present.

PENALTY
The committee is aware that the RIU has asked for a 3 month suspension on this occasion. However after taking into account that this was Mr Hollis’ first charge under this rule, his admission of the breach and his very obvious remorse we have given him a concession of 2 weeks.

As we are aware Mr Hollis stood himself down from riding from 9th December, the day the charge was laid, the committee orders the suspension of Mr Hollis’ track riding licence from that date (December 9th 2014) until the 17th February 2015. In addition we order Mr Hollis to pay $187-50 to the RIU for the cost of the analysis.

As this charge was held on a race day there are no further costs payable to the RIU or the JCA.

R M Seabrook           A Dooley

Chair                        Committee Member

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