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Non Raceday Inquiry HRNZ v S Hubber 26 February 2010 - decision



656.3

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING BETWEEN:

INFORMANT   Mr JW McKenzie, Chief Racecourse Inspector and

DEFENDANT  Mr Shannon Hubber, licensed track work rider.

HEARING  Pukekohe Park  26 February 2010 at 12.00pm

JUDICIAL COMMITTEE: RM SEABROOK (Chairman) G Tankard

The Defendant, Shannon HUBBER, appeared before the JCA on a charge filed against him by the chief Racecourse Inspector, Mr J W McKenzie.   The details of the charge were set out in Information No 6853.

The defendant who appeared on his own behalf acknowledged receipt of the documents relating to the charge.  He informed the Committee he understood the nature of the charge and hearing.  The defendant entered a guilty plea to the charge.

 



IN THE MATTER OF THE NEW ZEALAND RULES OF RACING BETWEEN:

INFORMANT   Mr JW McKenzie, Chief Racecourse Inspector and

DEFENDANT  Mr Shannon Hubber, licensed track work rider.

HEARING  Pukekohe Park  26 February 2010 at 12.00pm

JUDICIAL COMMITTEE: RM SEABROOK (Chairman) G Tankard

The Defendant, Shannon HUBBER, appeared before the JCA on a charge filed against him by the chief Racecourse Inspector, Mr J W McKenzie.   The details of the charge were set out in Information No 6853.

The defendant who appeared on his own behalf acknowledged receipt of the documents relating to the charge.  He informed the Committee he understood the nature of the charge and hearing.  The defendant entered a guilty plea to the charge.

The Defendant was charged with a breach of Rule 656 (3).

The charge reads as follows:

THAT on Monday 8 February 2010 at the Te Aroha Racecourse, being a rider who, having been requested by an Investigator to supply a sample of his urine which was found, upon analysis, to contain the controlled drug Cannabis as defined in the Misuse of Drugs Act 1975, committed a breach of Rule 656 (3) of the New Zealand Rules of Racing AND THAT you are thereby liable to the penalty or penalties which may be imposed upon your pursuant to the provisions of Rule 803 of the said Rules.

SUMMARY OF FACTS:
1. On Monday 8th February 2010, NZTR Investigators conducted drug testing on a number of riders (9) who had ridden track work at Te Aroha Racecourse training centre on that morning.

2. One of the riders selected was Shannon HUBBER who was served with a written notice requiring him to provide a sample of his urine at a specific place and within a specified time.

3. Shannon HUBBER duly complied with the request and his sample and documentation were completed.

4. The sample in question was forwarded to the ESR Porirua and on 10th February 2010 the ESR reported by way of a written certificate that the urine sample of Shannon HUBBER had declared an analysis to be positive to the controlled drug cannabis.

5. At 12.30 pm on 10 February Shannon HUBBER was served personally by Mr B F McKenzie with notice of the ESR analysis detailing his urine was positive to Cannabis, and further with a stand down notice.

6. When asked for an explanation for his positive swab, Mr HUBBER admitted he had recently administered to himself a cannabis cigarette, and he was not surprised at the result.

7. Mr HUBBER is a licensed track work rider, whose license is still withdrawn by NZTR until he is dealt with by this tribunal.

Mr HUBBER told the Committee that he recognised he had a problem and had voluntarily registered with a Rehabilitation Clinic which he attended weekly.

PENALTY SUBMISSIONS

Mr McKenzie told the Hearing that drug related charges did nothing for the image of racing and our industry was determined to overcome the problem.  He emphasised that safety was paramount in this endeavour.  Mr McKenzie explained that penalties for a breach of this nature had been increased under the new rules.  He submitted a suspension of 2 -3 months and a fine of $300 would be appropriate.

PENALTY DECISION

The Committee carefully considered all evidence and submissions as presented.

In mitigation the Committee gives credit to Mr HUBBER for addressing his problem.  However these must be balanced against the aggravating factors of the safety of horses and riders and the bad image that this portrays to the racing public.

In assessing penalty the Committee notes that Mr HUBBER was issued with a stand down notice on 10 February 2010 when he was given the ESR analysis.  Accordingly we impose a suspension of 2 months which we make retrospective starting on 10 February and concluding on 10 April 2010.  In addition a fine of $300 was imposed.

Richard Seabrook       Ginger Tankard
Chairman                      Committee Member

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