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Non Raceday Inquiry RIU v D J Simpson - Decision on a Request for a Ruling dated 13 December 2018 - Chair, Mr T Utikere

Created on 17 December 2018

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the Rules of Harness Racing

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

AND DJ SIMPSON

Respondent

Judicial Committee: Mr T Utikere (Chairman)

Mrs N Moffatt (Member)

Parties: Mr C Allison (for the RIU)

Mr D Simpson (as the Respondent)

DECISION OF JUDICIAL COMMITTEE ON A REQUEST FOR A RULING DATED 13 DECEMBER 2018

THE REQUEST

[1] The Racing Integrity Unit (RIU) have filed a Request for a Ruling seeking the disqualification of PRES THE BELLE from Race 6 at the Tuapeka Harness Racing Club’s Meeting on 21 October 2018. They seek the ruling pursuant to Rule 1004D(1) of the New Zealand Rules of Harness Racing.

[2] The Request for the Ruling cites that the horse in question was “...taken to a racecourse for the purpose of engaging in a race and being found to have administered to it, or ingested by it, a prohibited substance, namely O-Desmethylvenlafaxine”.

[3] The relevant provisions of Rule 1004D state:

(1) Any horse taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it a prohibited substance (which includes out of competition prohibited substances) must be disqualified from that race.

(2) The mandatory disqualification under sub-rule (1) applies regardless of the circumstances in which the substance came to be present in or on the horse.

(5) The owner or trainer of the horse subject to a positive result may notify in writing the General Manager of the Racing Integrity Unit that they intend to challenge the analysis and the basis for that challenge. The notification must be within 10 working days of being advised of the results of the analysis, or the result of the reserve sample (if applicable). The Judicial Committee shall then determine whether the horse is to be disqualified after hearing from the parties.

(6) Disqualification and changes of placing under this rule, will take effect from the immediate Monday following the judicial decision or such other time as the Judicial Committee determines.

(7) A disqualification under sub-rules (3) and (4) may not occur until after the 10 working day period in sub-rule (5).

[4] The Committee is in receipt of the Notice of Appointment, a copy of Information A4823 along with the relevant Rule Provisions. The RIU have also submitted a Summary of Facts.

[5] The Summary of Facts states:

1. The Respondent in this matter Mr. Darryn Simpson is the official trainer of PRES THE BELLE. Mr. Simpson is the holder of a Public Trainer’s licence and is also an Open Horseman.

2. PRES THE BELLE is owned by Messer’s S M Campbell, D G Minehan, S B Heal and D J Nind.

3. Mr. Simpson correctly entered and started the PRES THE BELLE in Race six the Night ‘N Day Lawrence/Balclutha/Milton Handicap Trot at the Tuapeka Harness Racing Club meeting held at Forbury Park Raceway Dunedin on Sunday the 21st of October 2018. Total stake money for the race was $10,000.00. The breakdown of stake money was 1st $6,250.00, 2nd $1,540.00, 3rd $770.00 4th $440.00 others $200.00.

4. PRES THE BELLE won its race and was swabbed post-race.

5. On the 2nd of November 2018 the New Zealand Racing Laboratory Services formally advised the Racing Integrity Unit that the sample had contained a Prohibited Substance namely O-Desmethylvenlafaxine which is a metabolite of venlafaxine.

6. On the evening of the 2nd of November Mr Simpson was notified of the positive result as PRE THE BELLE was due to race at the New Zealand Metropolitan Trotting Club meeting and was given a copy of the certificate of analysis.

7. On the 8th of November Mr Simpson was formally interviewed by Racecourse Inspectors while he was campaigning PRES THE BELLE in the Canterbury region.

8. On the 23rd of November 2018 Mr Stewart Campbell who was representing the owners of PRES THE BELLE was forwarded the certificate of analysis.

9. Neither Mr Simpson and Mr Campbell wished to have the “B” sample tested nor did they contest the swabbing procedure.

10. A 10-day period has elapsed since the certificate of analysis has been forwarded to the connections of PRES THE BELLE.

11. Pursuant to Rule 1004D (1) the Racing Integrity Unit seek the disqualification of PRES THE BELLE which is mandatory.

12. The owners and trainer of PRES THE BELLE are acquiescence of the pending disqualification.

13. The place getters in the race were 2nd DUSKY EYRE, 3rd TRICK STAR, 4th GORILLA PLAYBOY and 5th SUNDONS WISH.

[6] Committee has decided to deal with this matter on the papers.

REASONS

[7] The Committee is satisfied, based on what has been presented, that PRES THE BELLE was presented to race, and did race, at the Tuapeka HRC Meeting on 21 October. We are also satisfied that based on the sample analysis it was also found to have administered to it, or ingested by it, a prohibited substance, namely O-Desmethylvenlafaxine.

[8] The provision of Rule 1004D directs the requirement for PRES THE BELLE to be disqualified from Race 6 at the Tuapeka Harness Racing Club’s Meeting on 21 October 2018. We also note that the connections of PRES THE BELLE are aware that the disqualification must follow.

[9] There is provision within Rule 1004(8) for the horse concerned to also be liable for a possible period of disqualification not exceeding five years. The Committee declines to exercise that discretion in this matter.

[10] The following order is made:

A. That PRES THE BELLE is disqualified from Race 6 (Night ‘N Day Lawrence/Balclutha/Milton Handicap Trot) of the Tuapeka Harness Racing Club’s Meeting on 21 October 2018. Any financial benefits paid, or to be paid, as a result of PRES THE BELLE’s placing in that race are to be refunded for redistribution in accordance with the amended placings.

B. This disqualification takes effect from Monday 17 December 2018.

Signed at Palmerston North this 13th day of December 2018.

Mr Tangi Utikere

Chairman

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