Non Raceday Inquiry – Written Decision dated 31 July 2024 – Dean Howard

1.  Mr Howard holds a Class B Trainer’s Licence operating at Hastings Racecourse.

2.  He has been charged with a breach of Rule 656(3) of the NZTR Rules of Racing in that on 5 July 2024, when required by an Investigator to undergo routine drug testing, provided a urine sample which upon analysis was found to contain the Controlled Drug THC (Cannabis) as defined in the Misuse of Drugs Act 1975.

3.  Rule 656(3) provides:

That any Licence Holder who is carrying out a “safety sensitive activity” at a Racecourse or Trainer’s premises must not have produced a sample which is found upon analysis to contain any Controlled Drug as defined in the Misuse of Drugs Act 1975.  THC (Cannabis) is such a drug.

4.  Mr Howard has admitted the charge and agreed to the matter being dealt with on the papers.

Facts

5.  On Friday 5 July 2024, Mr Howard was training a horse at Hastings Racecourse and was observed to be saddling it up.  Investigators from the RIB were conducting routine drug testing on that day.  Mr Howard was one of seven persons (another of whom was his Trackwork Rider, Ms K Murray) selected for testing.  Mr Howard was required to present himself for testing at the TDDA Van between 7am and 10am.

6.  Mr Howard was later seen to be leaving the racecourse in his vehicle, with Ms Murray present.  He had not presented himself to provide the required test sample.  Ms Murray, who had been required to likewise attend for testing, and had not done so.  He was advised that a failure to provide a sample might result in a significant penalty.  His explanation for attempting to leave the racecourse was that Ms Murray “was unwell and he was unable to find a replacement.”

7.  This was false, being at odds with what Ms Murray had said to the Investigator, namely that she had “panicked” when she realised that drug testing was occurring, as she had occasionally consumed small amounts of Cannabis.

8.  Mr Howard then returned to the track and provided the required urine sample which on 9 July 2024, was confirmed by ESR as being positive to Cannabis at a THC Acid level in excess of 32ng/mL.  He was advised of the positive result and served with a “stand down notice” on 9 July 2024.

9.  Ms Murray has been separately charged with a similar breach (Information No. A16868) as her urine sample was positive to Cannabis at a level of 140ng/mL.

Penalty

10.  The Informant advised that Mr Howard has no previous breaches of the NZTR Rules of Racing, but was disqualified in 2015 in Australia for 18 months for a separate offence of selling a racehorse without the consent of all the Owners.

11.  Mr Howard submitted through a representative that he made a stupid error of judgment and was a responsible Trainer.  Mr Howard also provided a statement that he only used Cannabis on “a couple of occasions to help [his] sleep.”  He asks that the “suspension notice be reduced.”

12.  A withdrawal notice is not the same as an order for “suspension”.  It continues until the Adjudicative Committee makes any decision on penalty or otherwise.  Only then can the order for suspension have a fixed defined chronological period.  Of course, an Adjudicative Committee may regard as a mitigation factor of penalty, that a Licencee may have been unable to train for a period, and may (not must) take that into account in fixing any length of suspension.

13.  In Mr Howard’s case, he has been subject to the stand down notice for about 3 weeks.  It is aggravating that he lied to the Investigator in an effort to evade his duty.  Further, although “historical”, he has had a serious racing offence in Australia, for which disqualification followed.

14.  The Adjudicative Committee takes those matters, including his good record in New Zealand into account, in fixing a period of suspension for 7 weeks.  This is backdated to commence on 9 July 2024, to recognise his stand down already taken place.  Accordingly, the suspension concludes on 27 August 2024.

15.  Mr Howard’s Licence to train is suspended for 7 weeks, commencing on 9 July 2024 and to conclude at 6pm on 27 August 2024.  He is ordered to pay $187.50, being the cost of the RIB obtaining the ESR analytical certificate.