Non Raceday Inquiry – Written decision dated 28 August 2022 – Callum Jones

1.  Mr Jones is a Class B Licenced (Apprentice) Rider. He has been charged by the RIB with:

a. A Serious Racing Offence under Rule 801(1)(k) of wilfully failing to perform an act (undertake to drug test) ordered by an Investigator on 21 June 2022; and

b. A breach of Rule 656(3) on 16 July 2022 at Whangarei Racing Club, Ruakaka, when required by an Investigator to supply a sample of urine he provided a sample which upon analysis was found to contain the prohibited drug THC (Cannabis) as defined in the Misuse of Drugs Act 1975.

2. Mr Jones, assisted by Mr S Ralph, his employer, admitted both charges.

Facts
3. On 21 June 2022 at Waipa Racing Club Racecourse Mr Jones was required to present himself for routine drug testing procedure. He failed to do this at the required time and left the racecourse. He later claimed he did not attend Pukekohe testing centre later that day for testing because he had to travel to Auckland for family reasons. He was given the opportunity of attending the Pukekohe testing centre that day to provide the required urine sample. But the urine sample he then presented had been diluted, so was not useable for testing. Mr Jones was then requested to provide a hair sample but he refused to do so.

4. Separately, four weeks later (on 16 July 2022) while Mr Jones was at Ruakaka Racecourse and engaged to ride in four races, he was one of 11 people selected for urine testing as they were performing a “Safety Sensitive Activity”. He did not undertake the test until after Race 7, his last ride.

5. Analysis of the sample disclosed it to be positive to Cannabis THC at a level of 190 ng/ML (nanograms per millilitre). Mr Jones was interviewed on 25 July 2022 and admitted that he had smoked Cannabis on several occasions, and prior to commencing work in May 2022 with his employer, he had consumed large amounts of the drug. He was stood down from riding on 25 July 2022 pending determination of that charge, as well as the earlier Serious Racing Offence.

6. Mr Jones was interviewed previously on 22 June 2022 and then claimed in relation to his breach of the Rules on 21 June 2022 that he had only consumed Cannabis drugs during his previous six month break from riding and “did not wish to be incriminated for stuff he did before back riding”.

Penalty
7. The penalty provisions in the Rules provide, first for a Serious Racing Offence, disqualification for up to life, and/or suspension of a licence for up to 12 months and/or a fine of up to $50,000 (Rule 801(2)). Secondly, the penalty provisions for returning a positive sample for the prohibited substance is disqualification up to five years, and/or suspension for up to 12 months and/or a fine of up to $50,000 (Rule 803(2)).

8. Ms Fox, the Informant, submitted that a suspension of Mr Jones’ Class B Licence for 12 months was appropriate given levels set in earlier cases of RIU v Harrison (14.11.19), RIU v Taylor (8.1.21) of 12 months suspension; and track riders RIU v Campbell (19.1.15) and RIU v Moka (17.5.12) nine and seven months’ suspension. She correctly submitted that disobedience of the drug testing requirements requires stern penalties because otherwise a Licenceholder may refuse to comply in the expectation or hope that only a penalty level involving a positive analysis of Cannabis (six to nine weeks’ suspension) will follow. But as the refusal to comply may well hide other prohibited illicit drugs, known by the offender to be present, the penalty that should be fixed has to recognise that such a refusal, being a Serious Racing Offence, may result in a level of penalty appropriate for providing a positive sample for a Class A illicit drug.

9. Ms Fox very fairly contended that any disqualification for the Serious Racing Office would result in a disproportionate loss of income, as Mr Jones could not assist his employer in any way in managing his horses.

10. Mr Jones said these were his first offences relating to drug use, and a separate refusal to provide a test, he was aged 20 and had the support of Mr Ralph. He said that when not race riding he worked constantly with horses in track work and management, and had no other form of earning income.

Outcome
11. On Information A18501, the Serious Racing Offence committed on 21 June 2022, Mr Jones’ Licence is suspended for a term of seven months commencing today, 27 August 2022. On Information A18504 we took a starting point of six weeks’ suspension, being generally in line with other cases of positive urine samples for Cannabis, but there is an aggravating factor that he was “on notice” and having evaded the earlier test, he nevertheless continued to use a prohibited drug. Accordingly the suspension of his Licence for this offence is fixed at eight weeks (two months). Those terms of suspension are to be cumulative, being separate offences occurring at separate times.

12. As a consequence, his suspension of seven months on A18501 shall commence on 27 August 2022, and end on 27 March 2023.  The suspension of 8 weeks on A18504 shall be served cumulatively to commence upon the conclusion of the seven months’ penalty, thus total period of suspension ending 27 May 2023.

13. Mr Jones is ordered to pay $187.50 being the expense incurred by the RIB in having the sample of urine analysed.

14. There is no order as to costs.