Non Raceday Inquiry – RIU v S Tata 1 December 2011 – Decision 5 December 2011
ID: JCA13685
Decision:
NON RACE DAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
1 December 2011 at Rotorua Race Course
Committee: R Seabrook, chairman and G Tankard, committee member
Rule: 656 (3)
Information No: A2204
Informant: Mr B Oliver – Racing Integrity Unit
Respondent: Mr S Tata – unlicensed Track Rider
Also present: Miss K Kara, partner of Mr Tata
Charge:
On the 15th 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 Tata acknowledged he had received a copy of the charge and the relevant rule. 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 proven.
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 Shane Tata was one of the people randomly selected for testing and was served the appropriate notice at 7.20 am by Investigator Bryan Oliver. Mr Tata provided the required urine sample at 9.25 am.
On Thursday the 17th of November 2011, the Racing Integrity Unit was informed by the ESR that the sample provided by Mr Tata had, on analysis, been found to contain the controlled drug cannabis.
Later that day phone contact was made with him and he was advised of the positive test. A stand down notice and a copy of the ESR certificate in accordance with Rule 657(1) (a) were posted to him on that day as provided in Rule 991(1) (c).
Mr Tata said that he smoked cannabis each evening to alleviate back pain and he had done this for some time. He also said that he was committed to working in this industry and was to seek other forms of pain relief starting today.
Throughout the enquiry Mr Tata was cooperative. He is currently an unlicensed track rider having failed to renew his license for the current season. He derives his income solely within the racing industry. He lives in rental accommodation in Matamata with his partner.
Submissions by Mr Tata:
Mr Tata told the committee he had been riding since he was 14 and had been in the industry for 25 years. He said he was passionate about continuing his involvement. Mr Tata stated that 9 months ago he had sustained a back injury from breaking in a horse which caused him daily discomfort. He said he has now sought other medication to offer him pain relief.
Miss Kara, in support of Mr Tata, said he was a hard worker and at one time had been apprenticed to Mr K Cullen. She said she was committed to helping him retain his place in the industry.
Submission 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 Tata 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 mid to high range. Mr Tata does not currently have the ability to pay a fine.
It is submitted that a period of 3 months suspension and the cost of the analysis of $172.21(to the RIU) should be imposed.
Submsission on Penalty by Mr Tata:
Mr Tata asked the committee to be as lenient as possible regarding penalty as riding track work was his sole income.
Decision:
The Committee expressed concern to Mr Tata regarding the medium to high reading of his blood analysis. The safety aspect was emphasized to him which applied not only to himself but to other track riders and users.
Mitigating factors include his admission of the breach, his full cooperation with Investigators and his genuine desire to continue in the industry. The Committee also took into account this was his first breach of the rule. He was given a stern warning of the consequences if he happened to reoffend.
Penalty:
After taking all the above matters into account we impose a suspension which takes effect from 18 November and concludes on 26 January 2012 (10 weeks). In addition we order payment of $172.21 to the RIU for drug analysis costs.
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: 582178f6e3c0577daa303c87d8b35898
informantnumber: A2204
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 04/12/2011
hearing_title: Non Raceday Inquiry - RIU v S Tata 1 December 2011 - Decision 5 December 2011
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
NON RACE DAY INQUIRY BEFORE THE JUDICIAL CONTROL AUTHORITY
1 December 2011 at Rotorua Race Course
Committee: R Seabrook, chairman and G Tankard, committee member
Rule: 656 (3)
Information No: A2204
Informant: Mr B Oliver – Racing Integrity Unit
Respondent: Mr S Tata – unlicensed Track Rider
Also present: Miss K Kara, partner of Mr Tata
Charge:
On the 15th 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 Tata acknowledged he had received a copy of the charge and the relevant rule. 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 proven.
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 Shane Tata was one of the people randomly selected for testing and was served the appropriate notice at 7.20 am by Investigator Bryan Oliver. Mr Tata provided the required urine sample at 9.25 am.
On Thursday the 17th of November 2011, the Racing Integrity Unit was informed by the ESR that the sample provided by Mr Tata had, on analysis, been found to contain the controlled drug cannabis.
Later that day phone contact was made with him and he was advised of the positive test. A stand down notice and a copy of the ESR certificate in accordance with Rule 657(1) (a) were posted to him on that day as provided in Rule 991(1) (c).
Mr Tata said that he smoked cannabis each evening to alleviate back pain and he had done this for some time. He also said that he was committed to working in this industry and was to seek other forms of pain relief starting today.
Throughout the enquiry Mr Tata was cooperative. He is currently an unlicensed track rider having failed to renew his license for the current season. He derives his income solely within the racing industry. He lives in rental accommodation in Matamata with his partner.
Submissions by Mr Tata:
Mr Tata told the committee he had been riding since he was 14 and had been in the industry for 25 years. He said he was passionate about continuing his involvement. Mr Tata stated that 9 months ago he had sustained a back injury from breaking in a horse which caused him daily discomfort. He said he has now sought other medication to offer him pain relief.
Miss Kara, in support of Mr Tata, said he was a hard worker and at one time had been apprenticed to Mr K Cullen. She said she was committed to helping him retain his place in the industry.
Submission 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 Tata 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 mid to high range. Mr Tata does not currently have the ability to pay a fine.
It is submitted that a period of 3 months suspension and the cost of the analysis of $172.21(to the RIU) should be imposed.
Submsission on Penalty by Mr Tata:
Mr Tata asked the committee to be as lenient as possible regarding penalty as riding track work was his sole income.
Decision:
The Committee expressed concern to Mr Tata regarding the medium to high reading of his blood analysis. The safety aspect was emphasized to him which applied not only to himself but to other track riders and users.
Mitigating factors include his admission of the breach, his full cooperation with Investigators and his genuine desire to continue in the industry. The Committee also took into account this was his first breach of the rule. He was given a stern warning of the consequences if he happened to reoffend.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
After taking all the above matters into account we impose a suspension which takes effect from 18 November and concludes on 26 January 2012 (10 weeks). In addition we order payment of $172.21 to the RIU for drug analysis costs.
R M Seabrook, Chairman G Tankard, Committee Member
hearing_type: Non-race day
Rules: 656(3)
Informant: BJ Oliver - Assistant Racecourse Invesitgator
JockeysandTrainer:
Otherperson:
PersonPresent: Ms K Kara - Partner of Mr Tata
Respondent: S Tata
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