Non Raceday Inquiry RIU v R Prince 30 September 2013 – Decision dated 3 October 2013

hearingid: f969f0d7bf970d7fb876d22cfe3f37ad

informantnumber: A2858

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decisiondate: 09/10/2013

hearing_title: Non Raceday Inquiry RIU v R Prince 30 September 2013 - Decision dated 3 October 2013

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appealdecision: NO LINKED APPEAL DECISION

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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 RATA RIWAI PRINCE

Respondent

Judicial Committee: Mr T Utikere, Chairman - Mrs N Moffatt, Committee Member

Appearing: Mr R Carmichael (for the informant) – Mr R Prince (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

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DECISION OF JUDICIAL COMMITTEE

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[1] Mr Prince appears before this Judicial Committee on the following charge:

Information Number A2858

THAT on the 20th day of August 2013 at Foxton Racecourse, Rata Riwai Prince 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 his 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 Rata Riwai Prince 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] Mr Prince confirmed that he understood Rule 656(3) and that he 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 Mr Prince. 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] Mr Prince is aged 50 years. He has been riding trackwork at Foxton for many years. He is the holder of the appropriate Rider Licence, issued by New Zealand Thoroughbred Racing.

[7] On 20 August 2013 Mr Prince 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 Anthony Hopping (NZDDA), an Authorised Person within the meaning of the Rules of Racing.

[10] Mr Prince 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 Mr Prince admitted that he had used Cannabis at a party over the previous weekend. 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 Mr Prince at Foxton on 20 August 2013 contained THC Acid (Cannabis) at a level of 79ng/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 Mr Peta at Foxton 28 August 2013 and was produced as Exhibit 12.

[16] When given the opportunity to address the committee, Mr Prince stated that he was not a regular user of Cannabis, but did on this occasion to celebrate his birthday. He 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] Mr Prince 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, Mr Prince’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 Mr Prince’s first breach of the Rules of Racing.

[24] The Informant also sought costs of $172.21, being the cost of the sample analysis.

PENALTY SUBMISSIONS BY RESPONDENT

[25] Mr Prince stated that he had been involved in the industry for more than 35 years, and had been an industry participant in New Zealand, as well as Japan for the last 22 years. His only current income was from the duties he undertakes as Foreman for Foxton-based Trainer Sandie Cookson, and this was the first time he had breached any rule in racing. He admitted his foolish mistake and was willing to accept any penalties placed upon by the judicial committee.

DECISION

[26] In coming to our decision we have carefully considered all of the submissions placed before us.

[27] Mr Prince has been a participant within the racing industry for more than 35 years, and has more recently been located in Japan where, as an industry participant, he was subject to regular drug-testing.

[28] In mitigation, the committee notes Mr Prince’s admission of the breach, his co-operation with the investigation process, and his conduct within the context of the hearing being of an exemplary nature. He also has an excellent record, having no previous breaches of the rules.

[29] While this was the first time he had been randomly selected for drug testing in New Zealand, there is an onus on Mr Prince to ensure he presents himself in a drug-free state for riding.

[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.

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[31] We reinstate Mr Prince’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, Mr Prince’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.

Tangi Utikere       Nicki Moffatt

Chairman             Committee Member

hearing_type: Non-race day

Rules: 656(3)

Informant: Mr R Carmichael - Racing Integrity Unit

JockeysandTrainer:

Otherperson:

PersonPresent: Mr R Carmichael - for the Informant, Mr R Prince - as the Respondent

Respondent: Mr R Prince

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