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Non-Raceday Inquiry - L MacFarlane



528.1
1003.1

That on the 23rd day of April 2008, at the Matamata Racecourse at the race meeting conducted by Racing Matamata, being a rider who, having been requested by a Racecourse Inspector to supply a sample of his urine which was found upon analysis, to contain the diuretic Frusemide, committed a breach of Rule 528(1)

The charge reads as follows:

 

That on the 23rd day of April 2008, at the Matamata Racecourse at the race meeting conducted by Racing Matamata, being a rider who, having been requested by a Racecourse Inspector to supply a sample of his urine which was found upon analysis, to contain the diuretic Frusemide, committed a breach of Rule 528(1) of the New Zealand Rules of Racing AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003(1) of the said Rules”.

 

Mr Macfarlane admitted the breach.

 

Mr McKenzie produced a Summary of Facts which reads as follows:

 

On the 23 April 2008, Racing Matamata conducted a race meeting.  On the day NZTR officials directed routine drug testing on a number of riders, mainly those involved in hurdle and steeplechase races.

 

The defendant, Lance Macfarlane, was one of those selected for testing.  He duly supplied a sample of his urine.  A total of eleven riders were tested.  The samples were forwarded to the ESR in Wellington.  All riders tested on the day were negative for illicit drugs pursuant to the Misuse of Drugs Act.

 

After testing for illicit drugs, the samples then go forward for testing at the ESR for diuretics.  The ESR have reported by certificate dated 5 May 2008 that the urine sample supplied by Lance Macfarlane had tested positive to Frusemide.

 

Frusemide is a diuretic within the meaning of Rule 528 of the New Zealand Rules of Racing.

 

The defendant was interviewed and made a written statement.

 

Two pills from each packet of products as handed to the Inspector were forwarded to the ESR for analysis and were reported back as a negative finding as per the certificate produced.

 

The defendant has not previously appeared before the JCA on a matter such as this.

 

Mr Macfarlane in his statement said that he had not taken any form of diuretics and was only taking two types of herbal pills for weight which were sourced from a chemist and a health shop.  He could offer no explanation as to how the Frusemide came to be in his urine sample.

 

Mr McKenzie stated that it was to Mr Macfarlane’s credit he had admitted the charge, but any penalty had to reflect the seriousness of the charge.  He added that Mr Macfarlane was a highweight rider with fewer riding opportunities than those of a high profile flat jockey who incurred a $1,000 fine for a similar beach of this rule.  He submitted a fine of $500 and costs of $150 for ESR testing would be appropriate. 

 

Mr Macfarlane asked the Committee to take into account his financial status.

 

The Committee considered all submissions and took into account the following before imposing penalty:

 

1.            Mr Macfarlane’s admission of the breach.

2.            His co-operation throughout.

3.            The fact that Mr Macfarlane is a highweight rider with lesser opportunities.

4.            Mr Macfarlane’s submissions on penalty and some mitigating factors.

 

PENALTY:

Taking all factors into consideration the Committee order a fine of $500 together with $150 for costs incurred for ESR testing.

 

 

 

 

 

 

 

 

 

 

 

 

R Seabrook                                                     G Downey

CHAIRMAN

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