Non Raceday Request for Ruling 7 January 2016 – Decision dated 11 January 2016 – Chair, Mr T Utikere

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hearing_title: Non Raceday Request for Ruling 7 January 2016 - Decision dated 11 January 2016 - Chair, Mr T Utikere

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BEFORE A JUDICIAL CONTROL AUTHORITY COMMITTEE AT WELLINGTON

BETWEEN THE RACING INTEGRITY UNIT
Informant

AND

MARCELLE JEAN FLIPP
Respondent

Judicial Committee: Mr T Utikere (Chairman), Mr P Williams (Committee Member)

Appearing – by way of teleconference: Mr S Irving, Investigator, as the Informant - Ms M Flipp, Respondent

Date of Hearing: 07 January 2016
Date of Decision: 11 January 2016
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DECISION OF JUDICIAL COMMITTEE

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[1] It was agreed by all parties, that the request for a ruling being sought by the RIU could be dealt with ‘on the papers’, rather than the need for an in-person hearing.

[2] The following documents were provided to the committee:
Information A4172
Charge, Rule and relevant Penalty Provisions
RIU Summary of Facts
Consent to disqualification of greyhound signed by Ms Flipp 4 January 2016
Results of Race 3 from Wanganui GRC 18 November 2015
Copy of JCA Decision – NRI RIU v Black/Steele, Steele/Steele, GA Lawrence dated 15 June 2015

[3] Mr Irving advised the committee that written authorisation from the RIU General Manager was not required as this was a Request for a Ruling relating to the disqualification of a greyhound, rather than the laying of a charge.

[4] Mr Irving also advised that the previous JCA Decision (dated 15 June 2015) had been made available to the committee as he believed it to be the first time that a disqualification had been ordered in a circumstance where no charges had been laid.

[5] Ms Flipp advised the committee that she had not received full disclosure. As such, the JCA office arranged for the immediate email of the documents that had been presented to the committee for the purposes of disclosure to Ms Flipp. After the receipt of such disclosure, the committee directed that she would have until 12 January to provide any response. She responded via email on 11 January 2016 indicating that she confirmed the accuracy of the Summary of Facts and had no further submissions to make.

[6] The respondent, Ms Marcelle Jean Flipp is a licensed greyhound trainer under the Rules of Greyhound Racing New Zealand.

[7] The summary of facts submitted by Mr Irving states that on 18 November 2015 the 2yo dog “ALQUEZAR”, which Ms Flipp co-owns and trains, was correctly entered and presented to race in Race 3, the “Adept Accountants CO 305m” – at the Wanganui Greyhound Racing Club’s meeting at the Hatrick Raceway. “ALQUEZAR” won the race and earned gross stakes money of $660.

[8] ALQUEZAR was post-race swabbed (ref #108521) and on 2 December 2015 the NZ Racing Laboratory Services (NZRLS) issued a certificate of analysis detailing the sample positive to Caffeine and its metabolites Theobromine, Theophylline and Paraxanthine. Caffeine is a Category 4 prohibited substance pursuant to the Rules of Greyhound Racing.

[9] On 8 December 2015 Ms Flipp was interviewed at her property near Foxton. She did not contest the swabbing procedure, could offer no explanation for the sample positive to caffeine and was adamant she had not administered anything to ALQUEZAR that contained caffeine. A sample of ALQUEZAR’s daily feed – Nutrience Original Chicken Meal with Brown Rice – was obtained from Ms Flipp’s property and sent to NZRLS for analysis and on 23 December 2015 NZRLS confirmed that the sample contained caffeine.

[10] Mr Irving said the ingredients listed on the packaging of Nutrience Original Chicken Meal with Brown Rice does not include any product that would normally contain caffeine although a similar “grain free” product manufactured by “Nutrience” is listed as containing “green tea extract” which is a known source of caffeine.

[11] The Committee is in receipt of a document dated 4 January 2016 signed by Ms Flipp which states-
“I hereby consent to the disqualification of my greyhound ALQUEZAR from the Adept Accountants C0 race at WGRC meeting, R3 on the 18th November 2015, following its positive return for caffeine”

[12] Mr Irving said that the statement above confirms Ms Flipp has accepted the findings of NZRLS and has consented in writing to ALQUEZAR being disqualified from the race it won on 18 November 2015.

Decision

[13] Rule 86.4 is unequivocal and states:-
“Any Greyhound which competes in a Race and is found to be the recipient of a Prohibited Substance shall be Disqualified from that Race”.

[14] The Committee finds as a fact that the greyhound ALQUEZAR had a Prohibited Substance in its metabolism when presented to race at the Hatrick Raceway on 18 November 2015.

[15] It is therefore the ruling of this Committee that ALQUEZAR be disqualified from Race 3 at the Hatrick Raceway on 18 November 2015. The consequence of this ruling is that the stake money paid to the trainer and owners of ALQUEZAR shall be refunded.

[16] The Committee further rules that the amended placings for Race 3 at the Hatrick Raceway on 18 November 2015 are:-

1st - SCOTT NO ODDS – Box 1
2nd - PRINCESS NOVAK – Box 8
3rd - ANNIE WAY – Box 7
4th - DEVILSKIN – Box 2
5th - ZIGGY BAXTER – Box 5
6th - ALLEGRO DASHER – Box 4
7th - SCOOTER’S ROSE – Box 3

[17] The Committee also authorises the payment of stakes based on the above amended placings.

Tangi Utikere            Paul Williams
Chairman                  Committee Member

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