Non Raceday Inquiry RIU v HR Borrows – Decision dated 14 December 2015 – Chair, Mr A Dooley
ID: JCA15423
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT TE RAPA
IN THE MATTER of New Zealand Rules of Racing
BETWEEN Mr A Cruickshank – Racing Investigator (RIU)
Informant
AND Ms HR Borrows – Licensed Track Rider
Respondent
Date of Hearing: 12 December 2015
Information No: A7130
Venue: Te Rapa Racecourse
Judicial Committee: Mr A Dooley, Chairman – Mr A Godsalve, Committee Member
Present: Ms H Borrows – Licensed Track Rider
Mr F Ritchie – Trainer/Employer supporting Ms Borrows
Registrar: Mr A Coles – Stipendiary Steward
Plea: Admitted
Date of Decision: 14 December 2015
Charge
The Informant Mr A Cruickshank, Racing Investigator, alleged that Ms Borrows, Licensed Track Rider breached Rule 656(3).
The particulars of the charge are: that on the 30th day of November 2015, at the Cambridge Jockey Club, Cambridge, having been required by an Investigator to supply a sample of urine in accordance with Rule 656(3) of the New Zealand Rules of Racing, had urine which was found, upon analysis, to contain the controlled drug THC (Cannabis) as defined in the Misuse of Drugs Act 1975 and thereby committed a breach of the said Rule 656(3) and is therefore liable to the penalty or penalties which may be imposed pursuant to Rule 803 of the said Rules.
Ms Borrows acknowledged that she understood the nature of the charge and the Rule and admitted the breach. Ms Borrows acknowledged that all the relevant documents from the RIU had been disclosed to her. Ms Borrows said she accepted the contents of the documents and consented to them being admitted as evidence.
The proposed procedure for the hearing was explained to Ms Borrows and she had no concerns or objections.
Mr Cruickshank produced a letter dated 7th December from Mr M Godber, Operations Manager for the Racing Integrity Unit, authorising the filing of the Information pursuant to Rule 903 (2) (d).
Rule 656(3) states: A Rider, or any other Licence holder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, 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, artifacts or isomers.
Rule 803 states:
(1) A person who commits, or is deemed to have committed a breach of these Rules for which a penalty is not provided elsewhere in these Rules shall be liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a License for a period not exceeding 12 months. If a License is renewed during a term of suspension, then the suspension shall continue to apply to the renewed License; and or
(c) a fine not exceeding $20,000.
Summary of Facts by the Informant
On Monday 30th November 2015, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club on Racecourse Road, Cambridge.
Ms Borrows was one of the people randomly selected for testing and was served the appropriate notice at 7.16am by an Investigator.
Ms Borrows provided the required urine sample at 7.29am. The sample gave an indicative positive test to THC (Cannabis).
The Drug Detection Agency forwarded that sample to the ESR for confirmation analysis.
On Monday 7th December 2015, the Racing Integrity Unit was advised, in writing, that the sample provided by Ms Borrows had, on analysis, been found to contain the controlled drug THC (Cannabis).
A Stand Down Notice and a copy of the ESR Certificate in accordance with Rule 657(1)(a) were served on Ms Borrows on Wednesday the 9th day of December 2015 as provided in Rule 911(1)(b).
When spoken to Ms Borrows stated that she had smoked Cannabis the previous day. She admitted that she was a recreational user who smoked regularly.
Ms Borrows further stated that the smoke she had smoked the previous day would be her last Cannabis joint.
Ms Borrows voluntarily stood herself down from any further riding on 1 December 2015 until the results of the ESR analysis were confirmed and the Stand Down Notice served.
Ms Borrows is a permanent employee of Mr Frank Ritchie and earns approximately $580 per week. She has no previous history of Rule breaches.
Submissions by the Respondent
Mr Ritchie submitted that Ms Borrows had come to him after being tested on the day and said that she was very upset and remorseful for her actions. She told Mr Ritchie that it would be better if she stood down from trackwork riding immediately. Mr Ritchie advised the Committee that this incident has left him in an awkward position because Ms Borrows was his main trackwork rider.
Ms Borrows submitted that she was sorry it happened this way and added that she had already decided that she was going to stop smoking cannabis.
Decision
As Ms Borrows admitted the breach we find the charge proved.
Submissions on Penalty by Informant
The respondent Ms Borrows is a licensed Track Rider currently employed by licensed trainer Frank Ritchie. She has been involved in the racing industry for all of her adult life. She is 25 years of age with a date of birth of 31 October 1990.
She has admitted a breach of the rules in relation to the positive drug test undertaken on 30 November 2015 at the Cambridge Jockey Club in Cambridge.
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 drugs.
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 Ms Borrows has presented herself at the Cambridge Jockey Club to ride track work while the drug THC (Cannabis) was within her body.
THC (Cannabis) is a Class C controlled drug.
It is submitted that a period of 2 months suspension and the cost of the analysis of $187.50 (to the RIU) should be imposed.
In support of this Mr Cruickshank referred to the following decisions:
R.I.U v B.A SWINBURNE (2.4.14) In this case a track work rider tested positive to cannabis. He received a 5 week suspension and a $200 fine and costs of $187.50.
R.I.U v LAUDER (12.02.13) In this case a track work rider tested positive to Cannabis received 6 weeks suspension and costs of $172.21.
R.I.U v BROWNIE (10.05.12) In this case a track work rider tested positive to Cannabis received 2 months suspension.
R.I.U v K.A BURGESS (10.05.12) In this case a track work rider tested positive to Cannabis received 2 months suspension and costs of $172.21.
R.I.U v S. TATA (1.12.11) In this case a track work rider tested positive to Cannabis received 10 weeks suspension and costs of $172.21.
R.I.U v P. ORMSBY (1.12.11) In this case a track work rider tested positive to Cannabis received 3 months suspension and cost of $172.21.
It was his second offence.
Submissions on Penalty by Respondent
Mr Ritchie submitted that Ms Borrows has been in his employment for approximately 1 year. He said that she was always punctual and was a very competent person. He added that she had never showed any signs of being involved in any illicit drug taking.
Ms Borrows submitted that she would not be re offending again.
Reasons for Penalty
The Committee carefully considered the evidence and submissions presented. The mitigating factors are Ms Borrows’ admission of the breach, her clear record under this Rule, her honesty and co-operation with the officials during their investigations. We also note that Ms Borrows approached her employer Mr Ritchie at the first instance and advised him of the situation and voluntarily stood down from her position. To Ms Borrows’ credit she showed genuine remorse at the hearing.
The aggravating factor is that Ms Borrows was riding trackwork whilst under the influence of cannabis, posing a safety risk to horses, riders and other industry participants.
After taking into account all the above the Committee considers an appropriate penalty to be a 2 month suspension.
Penalty
As we are aware Ms Borrows stood herself down from riding trackwork from 30th November, the Committee orders the suspension of Ms Borrows’ track riding licence from that date until the 25th January 2016 (2 months).
Costs
Ms Borrows is ordered to pay costs of $187.50 to the RIU for sample analysis costs. This hearing was conducted on a raceday and accordingly there are no further orders as to costs.
Adrian Dooley Alan Godsalve
Chairman Committee Member
14 December 2015
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 16/12/2015
Publish Date: 16/12/2015
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: 16/12/2015
hearing_title: Non Raceday Inquiry RIU v HR Borrows - Decision dated 14 December 2015 - Chair, Mr A Dooley
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appealdecision: NO LINKED APPEAL DECISION
isappeal:
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reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT TE RAPA
IN THE MATTER of New Zealand Rules of Racing
BETWEEN Mr A Cruickshank – Racing Investigator (RIU)
Informant
AND Ms HR Borrows – Licensed Track Rider
Respondent
Date of Hearing: 12 December 2015
Information No: A7130
Venue: Te Rapa Racecourse
Judicial Committee: Mr A Dooley, Chairman – Mr A Godsalve, Committee Member
Present: Ms H Borrows – Licensed Track Rider
Mr F Ritchie – Trainer/Employer supporting Ms Borrows
Registrar: Mr A Coles – Stipendiary Steward
Plea: Admitted
Date of Decision: 14 December 2015
Charge
The Informant Mr A Cruickshank, Racing Investigator, alleged that Ms Borrows, Licensed Track Rider breached Rule 656(3).
The particulars of the charge are: that on the 30th day of November 2015, at the Cambridge Jockey Club, Cambridge, having been required by an Investigator to supply a sample of urine in accordance with Rule 656(3) of the New Zealand Rules of Racing, had urine which was found, upon analysis, to contain the controlled drug THC (Cannabis) as defined in the Misuse of Drugs Act 1975 and thereby committed a breach of the said Rule 656(3) and is therefore liable to the penalty or penalties which may be imposed pursuant to Rule 803 of the said Rules.
Ms Borrows acknowledged that she understood the nature of the charge and the Rule and admitted the breach. Ms Borrows acknowledged that all the relevant documents from the RIU had been disclosed to her. Ms Borrows said she accepted the contents of the documents and consented to them being admitted as evidence.
The proposed procedure for the hearing was explained to Ms Borrows and she had no concerns or objections.
Mr Cruickshank produced a letter dated 7th December from Mr M Godber, Operations Manager for the Racing Integrity Unit, authorising the filing of the Information pursuant to Rule 903 (2) (d).
Rule 656(3) states: A Rider, or any other Licence holder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, 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, artifacts or isomers.
Rule 803 states:
(1) A person who commits, or is deemed to have committed a breach of these Rules for which a penalty is not provided elsewhere in these Rules shall be liable to:
(a) be disqualified for a period not exceeding 12 months; and/or
(b) be suspended from holding or obtaining a License for a period not exceeding 12 months. If a License is renewed during a term of suspension, then the suspension shall continue to apply to the renewed License; and or
(c) a fine not exceeding $20,000.
Summary of Facts by the Informant
On Monday 30th November 2015, officials from the Racing Integrity Unit conducted routine drug testing at the Cambridge Jockey Club on Racecourse Road, Cambridge.
Ms Borrows was one of the people randomly selected for testing and was served the appropriate notice at 7.16am by an Investigator.
Ms Borrows provided the required urine sample at 7.29am. The sample gave an indicative positive test to THC (Cannabis).
The Drug Detection Agency forwarded that sample to the ESR for confirmation analysis.
On Monday 7th December 2015, the Racing Integrity Unit was advised, in writing, that the sample provided by Ms Borrows had, on analysis, been found to contain the controlled drug THC (Cannabis).
A Stand Down Notice and a copy of the ESR Certificate in accordance with Rule 657(1)(a) were served on Ms Borrows on Wednesday the 9th day of December 2015 as provided in Rule 911(1)(b).
When spoken to Ms Borrows stated that she had smoked Cannabis the previous day. She admitted that she was a recreational user who smoked regularly.
Ms Borrows further stated that the smoke she had smoked the previous day would be her last Cannabis joint.
Ms Borrows voluntarily stood herself down from any further riding on 1 December 2015 until the results of the ESR analysis were confirmed and the Stand Down Notice served.
Ms Borrows is a permanent employee of Mr Frank Ritchie and earns approximately $580 per week. She has no previous history of Rule breaches.
Submissions by the Respondent
Mr Ritchie submitted that Ms Borrows had come to him after being tested on the day and said that she was very upset and remorseful for her actions. She told Mr Ritchie that it would be better if she stood down from trackwork riding immediately. Mr Ritchie advised the Committee that this incident has left him in an awkward position because Ms Borrows was his main trackwork rider.
Ms Borrows submitted that she was sorry it happened this way and added that she had already decided that she was going to stop smoking cannabis.
Decision
As Ms Borrows admitted the breach we find the charge proved.
Submissions on Penalty by Informant
The respondent Ms Borrows is a licensed Track Rider currently employed by licensed trainer Frank Ritchie. She has been involved in the racing industry for all of her adult life. She is 25 years of age with a date of birth of 31 October 1990.
She has admitted a breach of the rules in relation to the positive drug test undertaken on 30 November 2015 at the Cambridge Jockey Club in Cambridge.
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 drugs.
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 Ms Borrows has presented herself at the Cambridge Jockey Club to ride track work while the drug THC (Cannabis) was within her body.
THC (Cannabis) is a Class C controlled drug.
It is submitted that a period of 2 months suspension and the cost of the analysis of $187.50 (to the RIU) should be imposed.
In support of this Mr Cruickshank referred to the following decisions:
R.I.U v B.A SWINBURNE (2.4.14) In this case a track work rider tested positive to cannabis. He received a 5 week suspension and a $200 fine and costs of $187.50.
R.I.U v LAUDER (12.02.13) In this case a track work rider tested positive to Cannabis received 6 weeks suspension and costs of $172.21.
R.I.U v BROWNIE (10.05.12) In this case a track work rider tested positive to Cannabis received 2 months suspension.
R.I.U v K.A BURGESS (10.05.12) In this case a track work rider tested positive to Cannabis received 2 months suspension and costs of $172.21.
R.I.U v S. TATA (1.12.11) In this case a track work rider tested positive to Cannabis received 10 weeks suspension and costs of $172.21.
R.I.U v P. ORMSBY (1.12.11) In this case a track work rider tested positive to Cannabis received 3 months suspension and cost of $172.21.
It was his second offence.
Submissions on Penalty by Respondent
Mr Ritchie submitted that Ms Borrows has been in his employment for approximately 1 year. He said that she was always punctual and was a very competent person. He added that she had never showed any signs of being involved in any illicit drug taking.
Ms Borrows submitted that she would not be re offending again.
Reasons for Penalty
The Committee carefully considered the evidence and submissions presented. The mitigating factors are Ms Borrows’ admission of the breach, her clear record under this Rule, her honesty and co-operation with the officials during their investigations. We also note that Ms Borrows approached her employer Mr Ritchie at the first instance and advised him of the situation and voluntarily stood down from her position. To Ms Borrows’ credit she showed genuine remorse at the hearing.
The aggravating factor is that Ms Borrows was riding trackwork whilst under the influence of cannabis, posing a safety risk to horses, riders and other industry participants.
After taking into account all the above the Committee considers an appropriate penalty to be a 2 month suspension.
Penalty
As we are aware Ms Borrows stood herself down from riding trackwork from 30th November, the Committee orders the suspension of Ms Borrows’ track riding licence from that date until the 25th January 2016 (2 months).
Costs
Ms Borrows is ordered to pay costs of $187.50 to the RIU for sample analysis costs. This hearing was conducted on a raceday and accordingly there are no further orders as to costs.
Adrian Dooley Alan Godsalve
Chairman Committee Member
14 December 2015
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