Non Raceday Inquiry – RIU v P Ormsby 1 December 2011 – Decision 5 December 2011
ID: JCA15212
Decision:
NON RACE DAY ENQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
Date: 1 December 2011 at Rotorua Race Course
Committee: R Seabrook, Chairman and G Tankard, Committee Member
Rule: 656 (3)
Information No: A2203
Informant: Mr B Oliver – Racing Integrity Unit
Respondent: Mr P Ormsby - Licensed Jockey
Also present: Miss N McNamara, partner of Mr Ormsby
Charge:
On the 13th day of November 2011 at Matamata Race course, 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 Ormsby 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 Tuesday the 15th of November 2011, officials from the Racing Integrity Unit conducted routine drug testing at the Matamata Racecourse.
The defendant Patrick Ormsby was one of the people randomly selected for testing and was served the appropriate notice at 7.05 am by Investigator Bryan Oliver. Mr Ormsby provided the required urine sample at 8.50 am.
On Thursday the 17th of November 2011, the Racing Integrity Unit was informed by the ESR that the sample provided by Mr Ormsby had, on analysis, been found to contain the controlled drug cannabis.
The same day Mr Ormsby was served a stand down notice in accordance with 657(1) (b) which effectively has withdrawn his license until the conclusion of this hearing.
In an explanation for the positive test Mr Ormsby said he had smoked a cannabis joint at a party the previous Saturday. He said that he realized that he did not have many chances left in this industry and was committed to getting clean and recommitting himself to this industry and his family.
Throughout the enquiry Mr Ormsby was cooperative. He is a freelance track rider and a jumps jockey in the season. He lives in rental accommodation in Matamata with his pregnant partner. He derives his income solely from within the industry.
Submissions by Mr P Ormsby:
Mr Ormsby produced 3 letters of support 2 of which recognized Mr Ormsby as a very valuable employee. The letter from his partner outlined his determination to succeed in the industry and the hardship they now face financially. She is due to have a baby in March and while she was to have maternity leave from 1 December this is now not possible.
Submissions on Penalty by Mr B Oliver:
NZTR 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 2 reasons, the need to maintain a healthy and safe work place 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 drug in the system add to this divergence.
On this occasion Mr Ormsby has presented himself at the Matamata racecourse 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 minimal to low range.
On 14 August 2007, Mr Ormsby was charged with failing to supply a drug test sample and was suspended for 2 months and ordered to pay a total of $318 in costs. Disappointingly Mr Ormsby did not heed a warning given by the investigator about his cannabis use in September this year.
It is submitted that a period of 4 months suspension and the cost of the analysis of $172.21 (to the RIU) should be imposed.
Submissions on Penalty by Mr P Ormsby:
Mr Ormsby asked the Committee to be as lenient as possible due to the difficult financial times they were now facing.
Decision:
The Committee has carefully considered all the submissions and evidence as presented. Mitigating factors include Mr Ormsby’s admission of the breach and his full cooperation with the investigators. Another factor is that Mr Ormsby’s blood analysis showed a low to minimal reading. The committee is satisfied that he is truly remorseful and aware of the position he has placed his partner in.
However the Committee must consider that this is Mr Ormsby’s second cannabis charge and he was warned of the consequences should he reoffend. He was told the integrity of racing and the safety issues were paramount.
As Mr Ormsby’s license was withdrawn on 17 November we formally reinstate his license, today 1 December.
Penalty:
Taking all the above into account we are satisfied an appropriate penalty is one of 3 months. This takes effect from 17 November and concludes on 17 February 2012. In addition we order Mr Ormsby to pay the analysis costs of $172.21 to the RIU.
R M Seabrook, Chairman G Tankard, Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 04/12/2011
Publish Date: 04/12/2011
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: 76ede7a40ba605215cf7ab2654d98cf2
informantnumber: A2203
horsename:
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startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/12/2011
hearing_title: Non Raceday Inquiry - RIU v P Ormsby 1 December 2011 - Decision 5 December 2011
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
NON RACE DAY ENQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
Date: 1 December 2011 at Rotorua Race Course
Committee: R Seabrook, Chairman and G Tankard, Committee Member
Rule: 656 (3)
Information No: A2203
Informant: Mr B Oliver – Racing Integrity Unit
Respondent: Mr P Ormsby - Licensed Jockey
Also present: Miss N McNamara, partner of Mr Ormsby
Charge:
On the 13th day of November 2011 at Matamata Race course, 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 Ormsby 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 Tuesday the 15th of November 2011, officials from the Racing Integrity Unit conducted routine drug testing at the Matamata Racecourse.
The defendant Patrick Ormsby was one of the people randomly selected for testing and was served the appropriate notice at 7.05 am by Investigator Bryan Oliver. Mr Ormsby provided the required urine sample at 8.50 am.
On Thursday the 17th of November 2011, the Racing Integrity Unit was informed by the ESR that the sample provided by Mr Ormsby had, on analysis, been found to contain the controlled drug cannabis.
The same day Mr Ormsby was served a stand down notice in accordance with 657(1) (b) which effectively has withdrawn his license until the conclusion of this hearing.
In an explanation for the positive test Mr Ormsby said he had smoked a cannabis joint at a party the previous Saturday. He said that he realized that he did not have many chances left in this industry and was committed to getting clean and recommitting himself to this industry and his family.
Throughout the enquiry Mr Ormsby was cooperative. He is a freelance track rider and a jumps jockey in the season. He lives in rental accommodation in Matamata with his pregnant partner. He derives his income solely from within the industry.
Submissions by Mr P Ormsby:
Mr Ormsby produced 3 letters of support 2 of which recognized Mr Ormsby as a very valuable employee. The letter from his partner outlined his determination to succeed in the industry and the hardship they now face financially. She is due to have a baby in March and while she was to have maternity leave from 1 December this is now not possible.
Submissions on Penalty by Mr B Oliver:
NZTR 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 2 reasons, the need to maintain a healthy and safe work place 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 drug in the system add to this divergence.
On this occasion Mr Ormsby has presented himself at the Matamata racecourse 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 minimal to low range.
On 14 August 2007, Mr Ormsby was charged with failing to supply a drug test sample and was suspended for 2 months and ordered to pay a total of $318 in costs. Disappointingly Mr Ormsby did not heed a warning given by the investigator about his cannabis use in September this year.
It is submitted that a period of 4 months suspension and the cost of the analysis of $172.21 (to the RIU) should be imposed.
Submissions on Penalty by Mr P Ormsby:
Mr Ormsby asked the Committee to be as lenient as possible due to the difficult financial times they were now facing.
Decision:
The Committee has carefully considered all the submissions and evidence as presented. Mitigating factors include Mr Ormsby’s admission of the breach and his full cooperation with the investigators. Another factor is that Mr Ormsby’s blood analysis showed a low to minimal reading. The committee is satisfied that he is truly remorseful and aware of the position he has placed his partner in.
However the Committee must consider that this is Mr Ormsby’s second cannabis charge and he was warned of the consequences should he reoffend. He was told the integrity of racing and the safety issues were paramount.
As Mr Ormsby’s license was withdrawn on 17 November we formally reinstate his license, today 1 December.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
Taking all the above into account we are satisfied an appropriate penalty is one of 3 months. This takes effect from 17 November and concludes on 17 February 2012. In addition we order Mr Ormsby to pay the analysis costs of $172.21 to the RIU.
R M Seabrook, Chairman G Tankard, Committee Member
hearing_type: Non-race day
Rules: 656(3)
Informant: Mr B Oliver - Assistant Racecourse Investigator
JockeysandTrainer:
Otherperson:
PersonPresent: Miss N McNamara - Partner of Mr Ormsby
Respondent: Mr P Ormsby - Class D Jockey
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