Non Raceday Inquiry – RIU v CA Brownie 10 May 2012 – Decision dated 11 May 2012
ID: JCA15466
Decision:
NON RACE DAY ENQUIRY
NZTR v CLIFFORD ALAN BROWNIE
Held at Cambridge Raceway
Thursday 10 May 2012
Judicial Committee: R Seabrook, Chairman - G Tankard, Committee Member
Rule: 656 (3)
Informant: Mr B Oliver – Racing Integrity Unit
Respondent: Mr C A Brownie, Trackwork Rider
Also present: Mr D Laing assisting Mr Brownie
Charge:
On the 23rd day of April 2012 at Cambridge Jockey Club Training Centre having been required by an investigator to supply a sample of your urine in accordance with rule 656 (3) of the NZ 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 therefore committed a breach of the said Rule 656(3) AND THAT you are thereby liable to the penalty of penalties which may be imposed on you pursuant to Rule 803 of the said Rules.
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 Drug Act 1975 or other illicit substance or diuretic and/or its metabolites, artifacts or isomers.”
Mr BROWNIE acknowledged he had received a copy of the charge and the relevant rules. He told the Committee he understood them and did not wish them to be read. He confirmed to the Committee he admitted the breach of the rule.
Accordingly we find the charge proved.
Summary by Mr B Oliver:
On Monday the 23rd of April 2012, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club Training Centre in Cambridge.
The defendant, Clifford BROWNIE was one of the people randomly selected for testing and was served the appropriate notice at 7.52 am by a Stipendiary Steward. Mr BROWNIE provided the required urine sample at 10.05 am. The sample was given a unique number and forwarded to the ESR later that day by an Investigator.
On Tuesday the 24th of April 2012, the Racing Integrity Unit was informed by the ESR that the sample provided by Mr. BROWNIE had, on analysis, been found to contain the controlled drug, Cannabis.
A stand down notice and a copy of the ESR Certificate in accordance with Rule 657(1) (a) were served on him on the 26th of April 2012 as provided in Rule 911(1) (a).
Mr BROWNIE said that he knew the sample would be over. He said that he did not want to make a statement but that he would provide the Judicial Control Authority with a statement at the hearing.
Mr BROWNIE is currently a full time track work rider for a Cambridge stable. He derives his income solely from the racing industry. He is single. His employer has indicated that he will keep his job for him.
Submissions by Mr C Brownie:
Mr BROWNIE told the committee he accepted full responsibility for his actions but was determined to cease the use of Cannabis so he could retain his employment in the racing industry. He said he was not a habitual user of Cannabis but admitted smoking a joint after meeting with friends.
In support of Mr BROWNIE, Mr D Laing, submitted that Mr BROWNIE was an excellent employee. He said he was a great worker, always taking pride in his work. He added that Mr BROWNIE had made a mistake on this occasion and was very regretful for the trouble he had caused. Mr Laing said Mr BROWNIE had previous issues with drinking and was going to seek counselling to help him with these drug issues. He told the committee he was willing to retain Mr BROWNIE as an employee provided he gave up the use of Cannabis.
Submissions on Penalty 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. BROWNIE has presented himself at the Cambridge Jockey Club 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 range. Mr BROWNIE does not currently have the ability to pay a fine.
It is submitted that a period of three months suspension and the cost of the analysis of $172.21 (to the RIU) should be imposed.
Submissions on Penalty by Mr C Brownie:
Mr BROWNIE said the impact of suspension would affect his income greatly and asked for leniency.
Decision:
The Committee has carefully considered all the submissions and evidence as presented. Mitigating factors include Mr BROWNIE’s admission of the breach and his full cooperation with the investigators. The Committee is satisfied that he is truly remorseful and is aware that this is Mr BROWNIE’s first charge under this rule. However, the committee explained to Mr BROWNIE there is a need to maintain integrity and public confidence in the racing industry and the penalty must reflect the seriousness of the offence.
The committee strongly concurred with Mr BROWNIE that he should seek counselling to help with the drug issues he has.
As Mr BROWNIE’s license was withdrawn on 26 April 2012 we formally reinstate his license today, 10 May 2012.
Penalty:
Accordingly after taking all the above into account we find the appropriate penalty to be one of a two month suspension which is to start as from today 10 May 2012 and conclude on 10 July 2012.
In addition we order payment of $172.21 being the cost of analysis and $200 to the Judicial Control Authority.
R M Seabrook G Tankard
Chairman Committee Member
11 May 2012
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 06/05/2012
Publish Date: 06/05/2012
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.
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decisiondate: 06/05/2012
hearing_title: Non Raceday Inquiry - RIU v CA Brownie 10 May 2012 - Decision dated 11 May 2012
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
NON RACE DAY ENQUIRY
NZTR v CLIFFORD ALAN BROWNIE
Held at Cambridge Raceway
Thursday 10 May 2012
Judicial Committee: R Seabrook, Chairman - G Tankard, Committee Member
Rule: 656 (3)
Informant: Mr B Oliver – Racing Integrity Unit
Respondent: Mr C A Brownie, Trackwork Rider
Also present: Mr D Laing assisting Mr Brownie
Charge:
On the 23rd day of April 2012 at Cambridge Jockey Club Training Centre having been required by an investigator to supply a sample of your urine in accordance with rule 656 (3) of the NZ 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 therefore committed a breach of the said Rule 656(3) AND THAT you are thereby liable to the penalty of penalties which may be imposed on you pursuant to Rule 803 of the said Rules.
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 Drug Act 1975 or other illicit substance or diuretic and/or its metabolites, artifacts or isomers.”
Mr BROWNIE acknowledged he had received a copy of the charge and the relevant rules. He told the Committee he understood them and did not wish them to be read. He confirmed to the Committee he admitted the breach of the rule.
Accordingly we find the charge proved.
Summary by Mr B Oliver:
On Monday the 23rd of April 2012, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club Training Centre in Cambridge.
The defendant, Clifford BROWNIE was one of the people randomly selected for testing and was served the appropriate notice at 7.52 am by a Stipendiary Steward. Mr BROWNIE provided the required urine sample at 10.05 am. The sample was given a unique number and forwarded to the ESR later that day by an Investigator.
On Tuesday the 24th of April 2012, the Racing Integrity Unit was informed by the ESR that the sample provided by Mr. BROWNIE had, on analysis, been found to contain the controlled drug, Cannabis.
A stand down notice and a copy of the ESR Certificate in accordance with Rule 657(1) (a) were served on him on the 26th of April 2012 as provided in Rule 911(1) (a).
Mr BROWNIE said that he knew the sample would be over. He said that he did not want to make a statement but that he would provide the Judicial Control Authority with a statement at the hearing.
Mr BROWNIE is currently a full time track work rider for a Cambridge stable. He derives his income solely from the racing industry. He is single. His employer has indicated that he will keep his job for him.
Submissions by Mr C Brownie:
Mr BROWNIE told the committee he accepted full responsibility for his actions but was determined to cease the use of Cannabis so he could retain his employment in the racing industry. He said he was not a habitual user of Cannabis but admitted smoking a joint after meeting with friends.
In support of Mr BROWNIE, Mr D Laing, submitted that Mr BROWNIE was an excellent employee. He said he was a great worker, always taking pride in his work. He added that Mr BROWNIE had made a mistake on this occasion and was very regretful for the trouble he had caused. Mr Laing said Mr BROWNIE had previous issues with drinking and was going to seek counselling to help him with these drug issues. He told the committee he was willing to retain Mr BROWNIE as an employee provided he gave up the use of Cannabis.
Submissions on Penalty 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. BROWNIE has presented himself at the Cambridge Jockey Club 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 range. Mr BROWNIE does not currently have the ability to pay a fine.
It is submitted that a period of three months suspension and the cost of the analysis of $172.21 (to the RIU) should be imposed.
Submissions on Penalty by Mr C Brownie:
Mr BROWNIE said the impact of suspension would affect his income greatly and asked for leniency.
Decision:
The Committee has carefully considered all the submissions and evidence as presented. Mitigating factors include Mr BROWNIE’s admission of the breach and his full cooperation with the investigators. The Committee is satisfied that he is truly remorseful and is aware that this is Mr BROWNIE’s first charge under this rule. However, the committee explained to Mr BROWNIE there is a need to maintain integrity and public confidence in the racing industry and the penalty must reflect the seriousness of the offence.
The committee strongly concurred with Mr BROWNIE that he should seek counselling to help with the drug issues he has.
As Mr BROWNIE’s license was withdrawn on 26 April 2012 we formally reinstate his license today, 10 May 2012.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
Accordingly after taking all the above into account we find the appropriate penalty to be one of a two month suspension which is to start as from today 10 May 2012 and conclude on 10 July 2012.
In addition we order payment of $172.21 being the cost of analysis and $200 to the Judicial Control Authority.
R M Seabrook G Tankard
Chairman Committee Member
11 May 2012
hearing_type: Non-race day
Rules: 656(3)
Informant: Mr B Olivier - RIU Assistant Racecourse Investigator
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PersonPresent: Mr D Laing - Assisting Mr Brownie
Respondent: Mr CA Brownie - Trackwork Rider
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