Non Raceday Inquiry – Written Decision dated 16 February 2023 – Toni Moki

FACTS

Authority to Charge was given by RIB Management.

Ms Moki admitted the breach and elected not to be present at the hearing of Information No. A17962. She was comfortable for the hearing to proceed in her absence.

CHARGE RULE AND PENALTY PROVISIONS

Toni MOKI

INFORMATION NO. A17962

CHARGE

On the 23rd of November 2022 at the Te Aroha Racecourse, having been required by a Racing Investigator to supply a sample of your urine in accordance with Rule 656(3) of the NZTR Rules of Racing, you provided urine which upon analysis was found to contain the controlled drug – Methamphetamine, being a Class A Controlled Drug as defined in the Misuse of Drugs Act 1975 and that you are liable to the penalty imposed pursuant to Rule 803 of the Rules.

RULE 656(3): A Rider or any other Licenceholder who has carried out, is carrying out or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises, who, having been required by a Stipendiary Steward or Investigator to supply a sample in accordance with this Rule must not have a sample which is found upon analysis to contain any controlled drug as defined in the Misuse of Drugs Act 1975 or other illicit substance or diuretic and/or its metabolites, artefacts or isomers.

PENALTY 803(3): Subject to Rule 803(2)(b), where any Licenceholder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises commits or is deemed to have committed a breach of these Rules related to drugs or alcohol and a penalty is not provided elsewhere in these Rules for that breach, that Licenceholder committing the breach may: (a) be disqualified for a period not exceeding 5 years; and/or (b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months; and/or (c) be fined a sum not exceeding $50,000,

RIB SUMMARY OF FACTS

The Respondent in this matter, Toni Lee MOKI, is the holder of a Class D [Rider] Licence issued by New Zealand Thoroughbred Racing [NZTR].

She is 38 years of age, and currently freelances as a Track Rider for a quantity of Trainers working out of the Te Aroha Racecourse.

Circumstances

1. On Wednesday the 23rd of November 2022, Investigators from the Racing Integrity Board conducted routine drug screening at the Te Aroha Racecourse and surrounding thoroughbred training establishments.

2. The Respondent was observed undertaking riding track work for Class A Trainer – Gavin Opie.

3. She was one of seven people selected for testing who were performing a ‘safety sensitive activity’ that day.

4. The Respondent acknowledged that she understood and accepted the notice.

5.  At 07:52 hours she was served with a Drug Testing Notification Form requesting she present at The Drug Detection Agency (TDDA) van for testing on-site between 07:30 to 10:30 hours.

6. Ms Moki subsequently presented herself at The Drug Detection Agency (TDDA) van at 10:34 hours to provide urine sample.

7. TDDA Testing Official – Suzie Laird in association with Ms Moki completed the appropriate documentation with Ms Moki consenting to undertake drug screening.

8. All appropriate paperwork was completed with the Respondent consenting for the sample to be packaged and sent to Environmental Science and Research Limited (ESR) for analysis.

9. On Friday the 25th of November 2022, ESR provided a Certificate of Analysis and confirmed that the urine sample provided by the Respondent was positive to Methamphetamine.

10. Methamphetamine is a Class A Controlled Drug, as defined in the Misuse of Drugs Act 1975.

11. On Wednesday the 30th of November 2022 at 09:20 hours, RIB Investigators attended the Respondent’s place of residence at – 62 Lovegrove Road, Te Aroha to advise her of the positive result.

12. The Respondent was at home sick in bed at the time and elected her fiancée – Nicole Ollerenshaw as her advocate to accept documentation on her behalf including Stand Down Notice and a copy of the ESR Certificate.

13. Due to the Respondent being unwell at the time we were unable to obtain a statement from her.

14. Later that morning at 10:39 hours we received the following email from the Respondent via her email address – [email protected] :

– Hi, I’m really sick with the flu and was asleep when you came to my house this morning. I received the documents and am really upset about the results. All I can say, in the hope of receiving a lenient decision, is that I did take drugs over that weekend, however, it was a one off situation because my partner proposed to me and I was over excited and celebrated far too excessively. It was a poor decision but getting engaged only happens once in a lifetime. I’m more than prepared to back up this statement by providing further samples for drug testing at any time or place that you ask. I understand the consequences, can you please outline what the next steps are for me? My actions are now impacting more than just myself and I want to do whatever I can to help speed the process up as smoothly as possible. Please respond in email or txt as I really am very sick and don’t have a voice at the moment. I haven’t had a covid test yet but will do so this afternoon and let you know the results.
Thanks Toni Moki

15. The Respondent in her email makes admission to Methamphetamine consumption/usage, although alleges it was a “one off situation”.

16. Enquiries undertaken with New Zealand Thoroughbred Racing (NZTR) confirms there is no current judicial on file for the Respondent.

Richard Carr
Racing Investigator

DECISION

As the charge was admitted by Ms Moki, it was deemed proved by the Adjudicative Committee.

RIB PENALTY SUBMISSIONS

1. Introduction

1.1 The Respondent Toni MOKI is the holder of a Class D [Rider – Jumps & High Weight] Licence issued by New Zealand Thoroughbred Racing [NZTR].

1.2 She is 38 years of age, and currently freelances as a Track Rider for a quantity of Trainers working out of the Te Aroha Racecourse.

1.3 Ms MOKI has admitted a breach of the Rules following her provision of a urine sample on 23rd of November 2022, positive to the Class A Controlled Drug – Methamphetamine.

2. Background

2.1 New Zealand Thoroughbred Racing commenced drug testing Industry participants in 1995 and since then there has been growing awareness that there is an absolute obligation on Riders to present themselves free from the influences of drugs.

2.2 All Riders are aware of the policy and the consequences should they not comply. The testing is conducted to maintain a safe and healthy workplace and to maintain the integrity of the Industry.

2.3 Historical penalties for breaches of the Industry drug laws show some divergence dependent on the type of drug, the amount of the drug in the system and additional circumstances.

3. Offending

3.1 The details of Ms MOKI’s offending are contained in the Racing Integrity Board Summary of Facts, which have been agreed.

3.2 On this occasion Ms MOKI was riding trackwork for Class A Trainer – Gavin Opie at the Te Aroha Racecourse on the 23rd of November 2022, with the drug Methamphetamine within her body.

3.3 The ESR Urine Drug Test Report confirms a positive result for Methamphetamine.

3.4 Methamphetamine is a Class A controlled drug within the meaning of the Misuse of Drugs Act 1975.

4. Penalty Provisions

4.1 The penalty provisions for breaching NZTR Rule 656 (3) are contained under Rule 803(3):

Subject to Rule 803(2)(b), where any Licence holder who has carried out, is carrying out, or is likely to carry out, a Safety Sensitive Activity at a Racecourse, Training Facility or Trainer’s Premises commits or is deemed to have committed a breach of these Rules related to drugs or alcohol and a penalty is not provided elsewhere in these Rules for that breach, that Licence holder committing the breach may:

(a) be disqualified for a period not exceeding 5 years; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months; and/or
(c) be fined a sum not exceeding $50,000,

5. Sentencing Principles

5.1 The four principles of sentencing can be summarised briefly:

• Penalties are designed to punish the offender for his / her wrongdoing. They are not meant to be retributive in the sense the punishment is disproportionate to the offence, but the offender must be met with a punishment.
• In a racing context it is extremely important that a penalty has the effect of deterring others from committing similar offences.
• A penalty should also reflect the disapproval of the RIB for the type of behaviour in question.
• The need to rehabilitate the offender should be taken into account.

5.2 All four principles apply in this matter.

6. Precedents

6.1 The following are comparable cases & decisions involving Stablehands and Riders positive to Methamphetamine:

• RIB v J Smith (August 2022)

Licensed Stablehand positive to Methamphetamine. Disqualified for 12 months. Upon successfully completing rehabilitation treatment with the Salvation Army, for a period of nine months and thereafter to the satisfaction of the NZTR and RIB, she provides negative urine and hair samples to any prohibited drug, the remaining three months of the disqualification will be suspended.

In its written decision the Adjudicative Committee commented: –

Serious drug use by Stablehands, Riders and others who participate in the Racing Industry, put at risk themselves and all others, as well as the reputation and integrity of the Industry. It has repeatedly been said by the RIB that it cannot be tolerated and significant penalties, to deter others and denounce the behaviour of Licensees, are required. Ms Smith has, for the moment, forfeited the privilege of being Licensed and participating in the sport. But there is reason to hope that her rehabilitation treatment may be successful.

• RIB v Eriha (June 2022)

Unlicensed Trackwork Rider positive to Methamphetamine and Cannabis. 12-month disqualification on the Methamphetamine charge and upon completion of a drug rehabilitation course, 3 months of the period was suspended. Six-week suspension on the Cannabis charge, to be served concurrently.

• RIU v Harris (June 2021)

Trackwork Rider positive to Methamphetamine. 11-month disqualification and upon completion of a drug rehabilitation course, 3 months of the period was suspended.

In its written decision the Judicial Committee commented:

Methamphetamine is a Class A Drug in the spotlight for the large amount of damage and harm it causes in society. There is further concern for the possibility of contamination to horses by persons who have been using Methamphetamine. There is no place for it in the Racing Industry.

7. Aggravating Factors

7.1 Ms MOKI has acknowledged and understands the use of Methamphetamine is prohibited under the Rules.

8. Mitigating Factors

8.1 Ms MOKI has cooperated fully with Investigators and admitted the charge at the earliest opportunity.

8.2 Ms MOKI has stated that she understands the consequences of her actions.

9. Conclusion

9.1 The RIB seeks a 12-month disqualification on the Methamphetamine charge is appropriate in this case, along with the costs of the ESR analysis of $187.50 [to the RIB].

RESPONDENT’S PENALTY SUBMISSIONS

Firstly, I want to express how truly remorseful I am that my poor judgement led me to this point. I regret the impact it has had on myself and my family but even more so the trainers that I committed too.

Secondly, I have no excuse for taking drugs however Id like to give some context in order to show that it really was a one off error in judgement. I got engaged two days prior to the drug testing and celebrated far too excessively, in a way I have never before. I assumed all drugs would have been out of system, although the urine test proved they werent, there was nothing in my behaviour or my to suggest otherwise. I know that my work, riding and handling was up to my usual professional standard. This statement can be quantified by speaking with each of the trainers I rode for that morning and all of the riders I rode with. I can provide names and phone numbers if necessary, however I believe the RIU already have this information.

I understand the consequences of my actions meant that I must accept a punishment that meets the four principles which are, proportionate punishment, deterrence, disapproval of the JCA and rehabilitation. I accept the necessity of this and would like to add that I am currently seeking treatment with Dianne Young which I believe will have a positive affect for me. However, I truly believe that the 12 month stand down proposed the RIB is not a proportionate punishment. I made a huge error in judgement, but everyone who worked with me that day will attest to the fact that nothing about my behaviour suggested I was incapable of performing my job to the best of my abilities. I believed that I was not under the influence of any drugs. The instant stand down from my job is understandable and I would financially be able to get by if I knew it was short term. A 12 month suspension will mean that I have to give up a career in the racing industry for good. Precedence shows that every jumps jockey that has been suspended for this length of time has not come back to the industry. Not one of them.

Lastly, if you would consider an alternative punishment I propose a stand down similar in length to that of someone who tested positive to cannabis or alcohol. But I will willingly, and at my own cost, submit to a workplace drug test every month or at any random time requested for the duration of the 12 months. I believe that this would be a more proportionate punishment and would act as a great deterrent rather than making it impossible to continue in this industry. It would also show proof of rehabilitation.

Thank you for your time.
Toni Moki

REASONS FOR PENALTY

The Adjudicative Committee took into consideration the following matters when determining quantum of penalty:

1. Penalty Submissions from Applicant and Respondent.
2. Principles of sentencing.
3. Penalties imposed for similar breaches.
4. The safety and welfare issues. The handling and riding of horses while under the influence of a prohibited drug (Class A) is intolerable.
5. That Ms Moki is seeking assistance to overcome drug matters.
6. Admission of breach and cooperation.

Giving due consideration to all of those matters, it is the Adjudicative Committee’s determination that a period of 15 months disqualification be adopted as the starting point.

Giving credit for Ms Moki’s cooperation with the RIB, the admission of the breach, her intention to seek assistance regarding the use of drugs and her previous clear record, a discount of three months is afforded.

CONCLUSION

Ms Moki is disqualified from 7 February 2023 up to 7 February 2024 inclusive.

COSTS

Ms Moki is ordered to pay ESR analysis fee of $187.50, there is no further order for costs.