Non Raceday Inquiry RIU v RD Blackburn – Decision dated 18 August 2015

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decisiondate: 18/08/2015

hearing_title: Non Raceday Inquiry RIU v RD Blackburn - Decision dated 18 August 2015

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Decision:

Before a Judicial Committee at Rangiora

Racing Integrity Unit

Kylie Williams – Racing Investigator

(Informant)

and

Rosemary Dawn Blackburn – Licensed Greyhound trainer

(Respondent)

DECISION OF JUDICIAL COMMITTEE DATED 18th August 2015

Mrs Rosemary Blackburn, a Licensed Greyhound Trainer, is charged with breaches of Rules 86.1 and 86.3 of the Rules of Greyhound Racing.

Rule 86.1 reads as follows:

“The Owner, Trainer or Person in charge of a Greyhound nominated to compete in a race, shall produce the Greyhound for the Race free of any Prohibited Substance”.

Rule 86.3 reads as follows:

“Without limiting any of the provisions of these Rules, the Owner and Trainer or the person for the time being in charge of any Greyhound brought on to the Racecourse of any Club for the purposes of engaging in any Race which is found on testing, examination or analysis conducted pursuant to these Rules to have received a Prohibited Substance shall be severally guilty of an Offence”.

Information no. A6407 alleges:

THAT, on the 12th June 2015, Rosemary Dawn BLACKBURN, being the registered trainer of the greyhound CHIPPA LATA presented the greyhound to race in Race 4, the Amber Cleaning Services Stakes, at the Christchurch Greyhound Racing Club meeting with a Prohibited Substance, namely Caffeine, in its system. This is in breach of Rule 86.1 and Rule 83.3 of the Greyhound Racing New Zealand Rules.

And you are therefore liable to the penalty or penalties which may be imposed in accordance with Penalty Rule 88.1 and the greyhound is liable to the penalty which may be imposed in accordance with Rule 86.4”.

The charge was admitted and is therefore deemed to be proved.

Preliminary matters

Mrs K Williams, Racing Investigator for the RIU produced to the hearing the following exhibits:

• Authority to charge signed by the General Manager of the RIU, Mr M Godber;
• Information no. A6407;
• Charge Sheet;
• Charge Rule and penalty provisions;
• Certificate of Analysis;
• RIU Sample Identity Record;
• RIU Swabbing record;
• Agreed Summary of Facts
• Letter from Dr Malcolm Jansen – Veterinary Advisor for the NZGRA – Caffeine Prohibited Substance;
• Penalty Submissions;
• Race results.

Mrs Blackburn confirmed to the hearing that she had been provided with all of the above information prior to the hearing and that she did not challenge the contents of the various documents.

The Facts

1. On the 12th June 2015, “CHIPPA LATA” was correctly entered and presented to race by Mrs Blackburn in Race 4 at the Christchurch Greyhound Racing Club’s meeting at Addington Raceway.

2. “CHIPPA LATA” won the race and earned a winning stake of $1,080 which was paid to Mrs Blackburn. The greyhound is owned by Mr PR Robson.

3. Following the race, “CHIPPA LATA” was routinely swabbed. Mrs Blackburn was present and does not contest the swabbing process.

4. All samples from the meeting were couriered to the NZ Racing Laboratory and were analysed for the presence of substances prohibited under the Rules of the NZGRA.

5. On 25th June 2015 the Official Racing Analyst reported in writing that the sample from “CHIPPA LATA” had tested positive to caffeine, a Category 4 Prohibited Substance that has the ability to improve or impact the performance of a greyhound.

6. Mrs Blackburn was interviewed at her property on 1st July 2015. She was co-operative and willingly gave the Investigators access to her property.

7. Several samples of feed and supplements were taken, and forwarded to the NZ Racing Laboratory for testing.

8. On 28th July 2015, the NZ Racing Laboratory advised that caffeine was detected in a sample of “Nutrience Hairball – Indoor” (Cat Feed). This product listed “Green Tea Extract” as one of its ingredients. Green tea extract is known to contain caffeine.

9. Mrs Blackburn advised that she did not require the reserve sample to be tested.

10. Upon being advised of the laboratory results, in relation to the sample of “Nutrience Hairball – Indoor” Mrs Blackburn advised that she had been feeding this product mixed in with normal kibble.

Mrs Blackburn’s response

Mrs Blackburn told the hearing that she had been feeding the product “Nutrience Hairball – Indoor” mixed in with daily kibble because she was of the view that the product had a higher protein level than other feeds. She was candid in admitting to the hearing that she did not see the reference to “dehydrated green tea” on the feed packet, saying that it was in small print. She produced a packet to the hearing which shows clearly, halfway down the list of “Active Ingredients” that the product contains among numerous other ingredients, “dehydrated green tea”.

She said that she was aware that green tea would produce a positive swab on analysis. She said that it was an oversight on her part, to have not noticed the reference to green tea. She produced a letter from her supplier which stated, inter alia, that Mrs Blackburn has been purchasing Nutrience foods from them for some years. The letter went on to say:

“It appears that she has inadvertently fed some of our formulas that contain green tea to racing greyhounds which is unfortunate. We are sorry to hear this as the ‘specials’ we offer to greyhound trainers are fed to non-racing dogs”.

Penalty Submissions

The penalty provisions that apply in this case are set out in Rule 88.1 which reads:

Any person found guilty of an offence under these Rules shall be liable to:

a. A fine not exceeding $10,000.00 for any one (1) offence and/or;

b. Suspension; and or

c. Disqualification; and/or

d. Warning off.

The rules also require mandatory disqualification of the greyhound. Rule 86.4 reads:

86.4 Any greyhound which competes in a race and is found to be the recipient of a Prohibited Substance shall be disqualified from that race.

Mrs Williams submitted that four sentencing principals should be considered, namely that of punishment for the breach, the need to deter others from committing like offences, the need for denouncement and the need for rehabilitation of the offender.

Reference was made to three precedent decisions, as follows:

RIU v A Williams – 17/8/14 – Caffeine positive for two greyhounds – Fined $2,000 and greyhounds disqualified.

RIU v M Flipp – 4/12/13 - Caffeine positive with four greyhounds – fined $5,000 and greyhounds disqualified.

RIU v J McInerney 4/12/13 – Caffeine positive for two greyhounds – Fined $3,000 and greyhounds disqualified.

Mrs Williams submitted that there were aggravating features to be considered namely:

This is Mrs Blackburn’s second breach of the rule. In 2010, Mrs Blackburn was charged with presenting a greyhound with caffeine in its system and was fined $1,500 and costs of $500. It was also submitted that Mrs Blackburn was negligent in checking the ingredients of the product and that she was aware that green tea contains caffeine.

Mrs Williams did, however observe that in her opinion, there was no malicious intent on Mrs Blackburn’s part and that she had been negligent. She also said that Mrs Blackburn has been involved with Greyhound racing industry for over 30 years and has contributed in a positive manner.

Mrs Williams drew to our attention, the fact that GRNZ had in conjunction with the Judicial Control Authority, effective from 1st September 2014, approved new starting points for the imposition of penalties for offences involving Prohibited Substances. Caffeine is classed as a Category 4 Prohibited Substance and the Judicial Control Authority’s Penalty Guide provides as a starting point for penalty, a disqualification of six months and/or a fine of $5,000.

Mrs Williams recognised that credit should be given for Mrs Blackburn’s early admission of the breach and her co-operation with the RIU in its investigation.

She submitted that a fine of $5,000 should be imposed, together with disqualification of CHIPPA LATA.

Mrs Williams confirmed that the RIU were not seeking a disqualification of Mrs Blackburn’s trainer’s licence. Furthermore, the RIU did not seek an order as to costs.

In response, Mrs Blackburn submitted that a fine of $5,000 was harsh. She said that there was no ulterior motive on her part. She said that CHIPPA LATA was a maiden dog and that she was well aware that maiden dogs are always swabbed. She asked why would she present a dog knowing that it had a Prohibited Substance in its system and which substance would have been detected as a matter of course. She said that she does not gamble and thus the only reward that she gained was the stake money. She said that she has been training greyhounds for 34 years. Currently she has 10 dogs in race training and approximately 34 other dogs of varying ages in her kennels.

Penalty Decision and Reasons

Notwithstanding the penalties imposed in the decisions referred to above, we take as a starting point, a fine of $5,000, in accordance with the Judicial Control Authority’s Penalty Guide. Against that, we must then consider aggravating and mitigating factors.

In this case we must take into account the fact that Mrs Blackburn does have against her, a previous breach of the Prohibited Substance rule, albeit some 5 years ago. Mrs Blackburn admitted that she was aware that green tea does contain caffeine yet she missed the presence of “dehydrated green tea” in the list of “Active Ingredients” on the product packet. We must take the view that it is incumbent on Licensed Trainers to take careful note of the ingredients on feed or supplements and to be vigilant in this regard. It is this Committee’s view, that these matters are aggravating factors which warrant an uplift of $1,000, making our starting point $6,000. It is unfortunate that her supplier did not draw to her attention the fact that the feed in question should only be given to non-racing dogs, but that does not relieve Mrs Blackburn from the overall responsibility of taking all proper care in determining the contents of feed given.

In terms of mitigating factors, we take into account Mrs Blackburn’s long and dedicated record in the Greyhound Racing Industry. Notwithstanding that the breach is one of absolute liability, her early admission of the breach and her candid and honest approach in this hearing demonstrates acceptance and remorse. She was also most co-operative with Racing Investigators which also demonstrates remorse on her part, and as a consequence we are able to afford her a discount on our starting point of $2,000.

Penalty

Mrs Blackburn is fined $4,000.

Costs

In this case the RIU does not seek an award of costs. However, it is appropriate that an order as to costs should be made in favour of the Judicial Control Authority. Because of Mrs Blackburn’s co-operation, we exercise our discretion by directing a contribution only. We fix that contribution at $250.

Disqualification & Stakes

CHIPPA LATTA is disqualified from its first place in the Amber Cleaning Services Stakes run at the Christchurch Greyhound Racing Club’s meeting on 12th June 2015. Stake money paid to Mrs Blackburn is to be refunded and re-distributed in accordance with the amended placings which are:

1st – PRIVATE ACTION (4)
2ND – JACKPOT JAKE (7)
3RD – CAWBOURNE ROMAN (1)

KG Hales       G Clapp

Chairman      Committee Member

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