Non Raceday Inquiry – Written Reserved Decision dated 4 March 2024 – Sean McCaffrey

[1]  Mr Sean McCaffrey, the Respondent faces the following charge:

(a)  On Saturday, 9 December 2023 at Cambridge having been required by a Racing Investigator to supply a sample of your urine in accordance with Rule 212(1)(g) and 226(2)(d) of the New Zealand Rules of Harness Racing at a time and place nominated by them, you failed to comply with such a request and you are therefore liable to the penalty imposed pursuant to Rule 1003(1) of the Rules.

Rule 512(2)(a):

Every driver commits a breach of these Rules who having been required under the Rules by a Stipendiary Steward or Racing Investigator or Adjudicative Committee to supply a sample at a time and place nominated by the Stipendiary Steward or Racing Investigator or Adjudicative Committee refuses or fails:

(a)  To comply with such a request.

Rule 1003(1):

A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(3), 1001 or 1004 hereof) shall be liable to the following penalties:

(a)  A fine not exceeding $10,000.00; and/or
(b)  Suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or
(c)  Disqualification for a period not exceeding 12 months.

Conduct of the Hearing

[2]  Mr McCaffrey denied the charge. At the hearing on 30 January 2024, the Adjudicative Committee after consideration of all of the evidence, both oral and in writing and submissions from the RIB and Mr McCaffrey, found the charge proven on the balance of probabilities. Timetable directions were made as to the provision of submissions in writing regarding penalty, which were received from both the RIB and Mr McCaffrey and considered by the Adjudicative Committee.

Evidence for the RIB

[3]  Ms Fox is employed by the RIB as a Racing Investigator for the Northern Area. She has been appointed as an Investigator under the Rules of New Zealand Harness Racing since June 2022. She is also appointed as an Investigator under the Rules of both New Zealand Thoroughbred Racing and New Zealand Greyhound Racing.

[4]  Mr McCaffrey is the holder of both a Public Trainer and Open Drivers Licence as issued by Harness Racing New Zealand (HRNZ). He is based in the Waikato area.

[5]  On Friday, 8 December 2023, Ms Fox, in her capacity as a Racing Investigator from the Racing Integrity Board (RIB) conducted routine drug testing at the Christmas at The Races meeting held at the Auckland Trotting Club, Alexandra Park.

[6]  Mr McCaffrey was scheduled to drive in Race number 1 beginning at 6:11pm and was observed in the stable area of Alexandra Park. He was one of the twelve people selected for testing who were performing a “safety sensitive activity” that day.

[7]  At 5:33pm on the same day, Mr McCaffrey was served in the stable area with a Drug Testing Notification Form advising him that he was required to present at The Drug Detection Agency (TDDA) van for testing between 4:45pm and 9:00pm and that Drivers must provide a sample during this period.

[8]  Mr McCaffrey acknowledged that he understood and accepted the Notice.

[9]  Ms Fox served Mr McCaffrey with the drug testing documents and also advised him of the location of the TDDA van and of the testing period which commenced at 4:45pm and concluding at 9:00pm.

[10]  Olivia Dustow, TDDA staff member advised Ms Fox at 8:46pm that Mr McCaffrey had completed the paperwork but had not provided a sample. Ms Fox then spoke to Mr McCaffrey who gave her a number of reasons why he could not provide sample, including his inability to do so in the van or with someone watching him and that he had not been taking his pills which helped him to urinate.

[11]  Mr McCaffrey asked Ms Fox what would happen if he did not provide a sample and if he could give a sample the following day instead. Ms Fox advised Mr McCaffrey that under the HRNZ Rules he was required to give a sample between the times set out on the form being 4:45pm and 9:00pm that day or, he may be charged for failing to provide a sample. Mr McCaffrey responded saying that he did not agree with the HRNZ Rules which he described as “stupid.”

[12]  A decision was then made after Ms Fox had spoken to Mr Neil Grimstone, to require both Mr McCaffrey and another Driver, as they both lived in Cambridge, to provide a sample the following morning at the Cambridge Jockey Club using an on-call TDDA staff member.

[13]  At 9:25pm Ms Fox was advised by a TDDA member that Mr McCaffrey had provided a very small sample which was an inadequate and not acceptable sample as it did not meet the amount required to undergo testing. Ms Fox produced a photo of the TDDA paperwork.

[14]  At 9:28pm Ms Fox again advised Mr McCaffrey of the consequences of failing to provide an acceptable/adequate sample under HRNZ Rule 512(2)(a) and he advised he understood. She then advised him he would be served with a further Drug Testing Notification Form to provide a sample the following morning (9 December 2023) at the Cambridge Jockey Club. Mr McCaffrey’s response at that time was to advise Ms Fox that he did not think he would be able to attend, that the “rules” were stupid and that he needed to make a living and that “we were preventing him from doing.”

[15]  Ms Fox obtained Mr McCaffrey’s details confirming his name, his date of birth and mobile number.

[16]  At 9:38pm Ms Fox served a second Drug Testing Notification Form on Mr McCaffrey which stated:

As a result of failing to provide an adequate sample on 8/12/23 at Alexandra Park you are required to provide a sample at the Cambridge Jockey Club, Racecourse Road, on 9/12/2023 between the below times. Testing will commence at 9:00am and conclude at 10:00am.

[17]  Ms Fox then provided Mr McCaffrey with the on call TDDA staff member’s contact details. Ms Fox found Mr McCaffrey to be very evasive when speaking to him and he told her that he probably could not attend, despite his initial request to provide a sample the following day.

[18]  As he was leaving, Mr McCaffrey told Ms Fox that he was meant to take pills to help him but that he had not been taking them. He did not provide the name of these pills at this stage.

[19]  At 9:58pm Ms Fox sent Mr McCaffrey the following message:

“Hey Sean, Courtney Fox here. This is my number if you have any trouble tomorrow. Make sure you bring photo ID to show the TDDA tester. His number is on the form. Thanks Courtney.”

[20]  On Saturday, 9 December 2023 Ms Fox received a text message from Mr McCaffrey at 6:10am containing a picture of his medication and a message that this was this medication he took to help him.

[21] At 09:03am Ms Fox received the following message from Mr McCaffrey:

“Hi, I have just talked to testing man in Camb . . . I have no chance of getting there our…employee Jordan Bublitz is in Christchurch. I still have horses to work…. Have to get Luk Chin off to the workouts … then be in NEW PLYMOUTH before 2:30….. so I have no time to go in there and back I told your to call in here on his way back??? Cheers Sean Mc.”

[22]  On receipt of this message from Mr McCaffrey, Ms Fox advised Mr Neil Grimstone and Nick Pearce, the TDDA on-call staff member.

[23]  At 9:24am Ms Fox sent the following message to Mr McCaffrey:

“Hi Sean, I have spoken to both my boss and the TDDA staff member unfortunately the directive was for you to provide a sample at the Cambridge JC between 9am and 10am yourself and Zev. The van will be there until 10am if you still wish to provide a sample.”

[24]  At 9:30am Ms Fox received the following message from Mr McCaffrey:

“hi it is what it is .. I have to work horses to make a living … your dept need to look up (medication) to see what its for Thanks Sean.”

[25]  Ms Fox said that she then tried to phone Mr McCaffrey, however, she received no answer.

[26]  At 9:36am Ms Fox replied:

“Thanks Sean, I appreciate you letting me know you won’t be attending. I will let the TDDA staff member know. I will give you a call next week to discuss the failure to provide an adequate sample. Thanks, Courtney.”

[27]  Mr McCaffrey then replied with ‘a thumbs up’.

[28]  Ms Fox described Mr McCaffrey’s attitude to the request to provide a sample of his urine as very dismissive and that he was above the Rules.

[29]  Mr McCaffrey was given the opportunity to question Ms Fox at the conclusion of her evidence and asked her a number of questions to which she responded. Ms Fox said that the testing at Alexandra Park on 8 December 2023 was routine and based on intel as to how many “drives” people have. Her role was to hand out the documentation and hand write on the Drug Test Notification Forms time, date and place of report.

[30]  Ms Fox explained that it was not her role to supervise the process of testing.

[31]  Ms Fox said she went back to speak to Mr McCaffrey multiple times that evening. Ms Fox was also asked about the role of male and female TDDA’s in carrying out the tests. She explained that a female TDDA is able to test both males and females, whereas a male cannot test females.

[32]  Ms Fox explained that the number of tests depends on the circumstances. In Mr McCaffrey’s case she was trying to be as fair as possible.

[33]  Ms Fox did not recall any discussion with Mr McCaffrey that night about blood samples and explained that blood samples were not used for testing by the Racing Integrity Board. Ms Fox also did not recall a “conversation” about the Cambridge Jockey Club. Mr McCaffrey asked her why the TDDA’s could not come to his property and she explained that TDDA’s are not sent to private properties for testing.

[34]  Ms Fox explained that these tests were carried out for safety reasons to ensure people are not handling horses when under the influence of an illegal substance. Mr McCaffrey had been observed in the stable area of Alexandra Park and was scheduled to drive in race number 1. He was one of twelve people selected for testing who were performing a “safety sensitive activity” that day.

Olivia Dustow – TDDA Technician

[35]  Ms Dustow’s written statement dated 28 December 2023 was accepted as evidence.

[36]  On Friday, 8 December 2023 Ms Dustow was working as a drug testing technician at Alexandra Park Racecourse to undertake drug testing for the Racing Integrity Board between 4:45pm and 9:00pm. At approximately 7:40pm she greeted a donor, Mr Sean McCaffrey and his identity was confirmed by his NZ Drivers Licence. She completed the relevant paperwork including Mr McCaffrey and he signed the informed consent at 7:51pm.

[37]  From approximately 7:51pm Mr McCaffrey was unable to provide a sample. His explanation was that he had a pre-existing medical condition and had not taken his medication that day.

[38]  At about 9:20pm he provided insufficient sample less than 30mls required. She advised Ms Fox at 9:25 pm of the result and Ms Fox told Mr McCaffrey he would be required to give a sample the following day.

Mr Pearce – TDDA Technician

[39]  Mr Pearce’s written statement dated 28 December 2023 was accepted as evidence.

[40]  Mr Pearce was the on-call drug testing technician for the Waikato area on Saturday, 9 December 2023. He drove the TDDA mobile clinic to the Cambridge Jockey Club to undertake the drug testing of two males for the Racing Integrity Board.

[41]  At approximately 8:51am he telephoned Mr McCaffrey to advise him he was ready at the Cambridge Jockey Club for him to attend to undertake his drug test as required by Ms Fox at the RIB.

[42]  Mr McCaffrey informed him he was too busy to be tested, that people had not turned up to work to help him and that he had to get horses ready to take to (from memory) Taranaki.

[43]  The phone call lasted 1 minute and 37 seconds and from memory Mr McCaffrey sounded “stressed and exasperated during the call.”

[44]  Mr Pearce tested the remaining male who had attended as requested. Ms Fox contacted him to say Mr McCaffrey would not be attending the testing.

[45]  At the conclusion of the requested testing period, Mr Pearce left the Jockey Club.

Sean McCaffrey’s Evidence

[46]  Mr McCaffrey gave oral evidence.

[47]  The Adjudicative Committee acknowledges that Mr McCaffrey has a medical condition which hinders his ability to provide an adequate sample for testing which has been confirmed in the medical reports produced at the hearing. He has been prescribed medication to assist him.

[48]  Mr McCaffrey said that on Thursday night 7 December 2023, a staff member was permitted to go on leave. He began work on Friday at 5:00am and did not take a break until 1:15pm. He received a phone call from another Trainer asking him to drive his horse the next day but declined, explaining he was short a staff member and was “full on” with no staff.

[49]  After tidying up the horse, he was on the road at 2:30pm to Auckland. The vet rang him on the way to the races asking him if she could come to pre-test three mares in the morning, but he told her “no chance.” Once he was at Alexandra Park, he was notified by Ms Fox of a drug test. Mr McCaffrey said he has never taken alcohol or drugs. He said that everyone thought it was a bit of a joke. However, he said he eventually found the testing vans parked between cars. He waited outside while others were tested and signed the forms.

[50]  As Mr McCaffrey was unable to provide an adequate sample for testing on the Friday, he was informed that he was to be tested the following day Saturday, at Cambridge Jockey Club.

[51]  In Mr McCaffrey’s opinion, the RIB should have taken blood samples from him which he conveyed to Ms Fox. Her response was they did not take blood samples. He said he found the process to be “badgering and bullying.” He had also asked why the testing could not be done at his place and was told it could not be done there and he had to come to the Cambridge Jockey Club. He was given a Notice to attend.

[52]  Mr McCaffrey said he left the racecourse at 10:30pm the previous evening and by the time the horses had been attended, the gear cleared and cleared the truck, it was 1:30am before he got home.

[53]  Mr McCaffrey’s explanation for not responding to the Notice requesting him to attend for testing on the Saturday at Cambridge Jockey Club, was due to his work commitments and concern for the welfare of his horses. He also maintained that he has never told Ms Fox he would go to the testing at Cambridge Jockey Club and that “he just couldn’t get there.”

[54]  Mr McCaffrey described the risk of horses “tying up” and the need to be vigilant. He was asked at 9:00am that day whether he was coming to the track. He said a mare was starting to foal. He said he could not leave the property. In his opinion it should not have come to this as he had “explained his situation and a sledge hammer was being used to hit a log.”

Derek Balle

[55]  Derek Balle attended part of the hearing and gave evidence in support of Mr McCaffrey.

[56]  Mr Balle was present at the testing area on 8 December 2023 at Alexandra Park Raceway providing support to a Driver. Mr Balle is of the opinion that blood or saliva testing should be used and that “horses are better treated than humans.” He also spoke to Mr McCaffrey that day, although he was unaware that Mr McCaffrey had been requested to attend testing at the Cambridge Jockey Club the following morning.

[57]  Mr Balle agreed with Mr McCaffrey’s evidence about the importance of animal welfare and the risk of complications to horses if he had left the stable the following morning for testing.

Dr LS Chin

[58]  Mr McCaffrey supplied a written statement from Dr LS Chin, a Specialist Anaesthetist. Dr Chin has known Mr McCaffrey for over 40 years and he trains alongside him on his property at Tamahere.

[59]  Dr Chin confirmed Mr McCaffrey’s medical condition and the stress he was placed under to provide a sample. In his opinion, Mr McCaffrey should have been able to provide a blood sample and he thought it was very unreasonable in the circumstances, that Mr McCaffrey had been requested to attend the Cambridge Jockey Club the following day for another drug test.

[60]  After the last race at Alexandra Park, Dr Chin found Mr McCaffrey somewhat stressed as he said he had given two samples and both were not of the required amount and he was going to be charged for it. He supported Mr McCaffrey’s request that a blood sample be taken. He said in all the years he had been at race meetings, he had made himself available when medical attention was needed and would have been happy to oblige if asked. This would have avoided unnecessary cost and inconvenience to all concerned.

[61]  Dr Chin said that by the time they had left the racecourse, it was after 10.30pm. They encountered detours on the way home and did not return to the stables until 12.30am. By the time they had attended to the horses, fed the remaining horses, unloaded and put away the gear, cleaned the truck and checked the mare in foal, it was after 1.30am. The next day they started early, fed and worked his horses until he had to leave at 9.00am for the workouts. Mr McCaffery kept working his team while he was away and attended to his mare who had a foal.

Conclusion

[62]  The charge Mr McCaffrey, an Open Driver faces is that on Saturday, 9 December 2023 that having been required under the Rules by Ms Fox, a Racing Investigator failed to comply with a request to supply a sample of urine at the Cambridge Jockey Club between 9:00am and 10:00am. Mr McCaffrey presents as the reason for his failure to comply with the request that he was too busy between 9:00am and 10:00am as he had the wish and need to care for the welfare of the horses he trained and responsible for those horses between those hours.

[63]  On 8 December 2023, Mr McCaffrey had failed to provide an adequate sample. He had told Ms Fox that he had not taken his pills that day for his medical condition, as an explanation for why he was unable to provide a sample.

[64]  Mr McCaffrey had been issued with a second Drug Testing Notification at Alexandra Park requiring him to provide a sample the following day at the Cambridge Jockey Club between 9:00am and 10:00am.

[65]  In the Adjudicative Committee’s view, there was ample time available to Mr McCaffrey to comply with a request to supply a sample at the Cambridge Jockey Club between 9:00am and 10:00am on 9 December 2023.

[66]  The RIB had arranged for Mr McCaffrey to be tested in Cambridge where he lived and worked and given him 12 hours notice. The Adjudicative Committee accepts Ms Fox’s evidence as honest and reliable and that the previous evening Mr McCaffrey had asked her why he could not provide a sample in Cambridge.

[67]  The TDDA van at Cambridge Jockey Club was a convenient 10 minute drive from Mr McCaffrey’s workplace. He had been given 12 hours Notice of the Request and an hour from 9:00am and 10:00am to comply with the request. The Adjudicative Committee does not accept Mr McCaffrey’s explanation that he was too busy and was concerned for the welfare of his horses to comply with the request.

[68]  The previous evening at Alexandra Park, Mr McCaffrey has described the HRNZ Rules as “stupid’ and he needed to make a living and that the RIB “was preventing him from doing that”.

[69]  When served with the second drug testing notification, he told Ms Fox he probably could not attend despite his request to provide a sample the following day.

[70]  For these reasons, the Adjudicative Committee is satisfied on the balance of probabilities, that Mr McCaffrey failed to comply with the request made by Ms Fox, Racing Investigator to provide a sample of urine at Cambridge Jockey Club on Saturday. The charge is proven.

Penalty Submissions

[71]  The RIB and Mr McCaffrey provided written submissions.

[72]  The RIB is seeking a 9 month disqualification of both his Public Trainer and Open Drivers Licence for the following reasons.

[73]  HRNZ commenced drug testing Industry participants in 1998 and since then, there has been a growing awareness that there is an obligation on participants to present themselves free from the influences of drugs.

[74]  All Harness Drivers are aware that routine testing is conducted regularly and for two reasons:

(a) The need to maintain a healthy and safe workplace; and
(b) Secondly to maintain the integrity of the Industry.

[75]  All Drivers should be aware of the policy and the consequences of non-compliance.

[76]  Mr McCaffrey is 64 years old and has been licensed since 1993 as an Open Driver, having been granted a Drivers Licence in 1983. He is based in the Waikato area and is listed as having 10 horses in training and had 42 drives in the 2023 season according to HRNZ records.

[77]  The Harness Racing Penalty Guide published on 1 February 2023, adopts as a starting point for a breach of HRNZ Rule 512(2) a 6 month suspension.

[78]  The RIB submits that these Guidelines should be used as a reference only and do not take into account a number of factors.

[79]  The aggravating factors relied on by the RIB are:

Mr McCaffrey having had it explained to him on several occasions, the implications of failing to provide a sample on 8 December 2023 when at Alexandra Park and issued with a second Drug Testing Notification requiring him to provide a sample the following day in Cambridge failed to attend and provide a sample on 9 December 2023, his excuse being he was too busy to do so and needed to look after his horses.

Mr McCaffrey referred to the Rules as “stupid” and ignored the requirement to comply with the Rules despite the fact he had been granted a Licence by HRNZ with the privileges that brings having agreed to be bound by the Rules.

Rule 314(7) specifically provides that every Licence issued to a Driver contain a condition that they shall provide a sample whether required to do so.

[80]  Since the breach, Mr McCaffrey’s behaviour has been hostile towards RIB Staff. When Mr McCaffrey was approached by Ms Fox in her capacity as Investigator on 15 December 2023 in order to give him the charging document, he began yelling at her that she was not allowed to speak to him, and if she did, he would have her up for “harassment”.

[81]  Mr McCaffrey had the opportunity to voluntarily provide a sample but chose not to do so on Monday, 11 December 2023. He was served a stand-down notice on Tuesday, 12 December 2023 that his Driver’s Licence was revoked until such time he provided a “clear” sample. At the time of the hearing, he had not done so.

[82]  Mr McCaffrey has shown a lack of remorse for his actions and his evidence was working his horses took priority over compliance with the Rules.

[83]  It is accepted that Mr McCaffrey has been stood down from Racing Day and Trials driving since 12 December 2023. He has had no previous NRI charges in his 40 years involvement in the Industry.

[84]  As the RIB cannot determine what drug, if any, may have been in Mr McCaffrey’s system, any penalty must be in excess, or equal to, the more serious “Class A” range. A 9 month disqualification of Mr McCaffrey’s Public Trainer and Open Drivers License is appropriate. No costs are sought by RIB Informant.

Mr McCaffrey’s Submissions

[85]  Mr McCaffrey is aged 64 years and has held a Driver’s Licence since 1979. He drove and trained overseas until 1983. He has held an Open Trainer’s Licence since 1985. He is based in the Waikato area and currently has 5 horses in training.

[86]  Mr McCaffrey does not accept that throughout the evening at Alexandra Park Ms Fox explained “anything” to him. His explanation for her statement is “that he had been too busy to comply with the request, is that the welfare of his owners’ horses and Dr Chin’s is paramount.”

[87]  He was always “happy to give blood, saliva or hair” as stated in the Rules of his Licence, but Ms Fox did not state that at the hearing or include it in her evidence. He had given two samples on Friday, 8 December and continued to be unable to provide adequate sample.

[88]  He was unable to attend for a urine test as he had explained to her. With regard to Ms Fox’s claim he lacked remorse, Mr McCaffrey said that unfortunately due to circumstances beyond his control, he was unable to get there.

[89]  Mr McCaffrey submitted that he “has worked in Harness Racing for 50 years and never had his integrity questioned and to presume I am guilty of a Class A Drug offence not in the realms of fairness”.

[90]  He twice “requested” that the TDDA could come to the stable and do the test once on Friday, 8 December to the RIB and on the Saturday morning, 9 December to the TDDA agent.

[91]  In mitigation, Mr McCaffrey said he made the welfare of his horses as the number one priority in accordance with the RIB, Harness Racing New Zealand and Thoroughbred Racing NZ as evidenced by the monitoring of Trainers and their stables. He reiterated that he had put the wellbeing of the horses on the property before his own.

[92]  Mr McCaffrey submitted the background to this matter is “extraordinary and also the procedure adopted by the Informant”. The previous cases referred on by the RIB are not relevant and can be plainly distinguished. Each case must be considered on its individual facts.

[93]  Mr McCaffrey referred to the fact that he suffers from a particular medical condition as confirmed by two medical specialists. He has repeatedly requested and is happy to comply with an appropriate sample be taken. To date, he has requested a blood sample on five occasions, but has had no response.

[94]  Mr McCaffrey submitted that he is not in a viable financial position to pay a financial penalty. He has lost horses to train and can no longer employ labour. He has served 10 weeks suspension to date which has cost him race drives and has not been able to drive young horse for trials and workouts compromising horses preparation and penalised Owner with prolonged financial expenses.

[95]  To lose his income would be devastating to him, his owners and Dr Luk Chin with whom he works alongside. A disqualification would have a far reaching effect on his business, mental health and wellbeing and his life in general.

Outcome

[96]  It is a condition under Rule 314(7) that every Licence issued to a Driver that they comply with a request to provide a sample when required to do so. The Rule is designed to maintain the integrity of the Industry and to ensure the safety of those who work in the Industry and the horses.

[97]  There is no issue that Mr McCaffrey failed to comply with the request to supply a sample of urine under the Rules at Cambridge Jockey Club between 9:00am and 10:00am on Saturday, 9 December 2023. The Cambridge Jockey Club was a 10-15 minute drive from his property. There was an hour 9:00am and 10:00am available for him to attend.

[98]  The Adjudicative Committee accepts the aggravating factors referred to by the RIB including Mr McCaffrey’s disregard for the Rules calling them “stupid.” Every effort was made by the RIB to accommodate him. He was given a 12 hour grace period with the TDDA van conveniently 10 minutes from his training facility at the Cambridge Jockey Club and a one hour window to comply with the request to provide a sample.

[99]  The Adjudicative Committee regards Mr McCaffrey’s conduct towards RIB Staff, in particular Investigator Ms Fox, since his breach, has been unjustified and reprehensible.

[100]  The Adjudicative Committee does not accept his explanation that he was too busy at work and his concern for the welfare of his horses to comply with the request.

[101]  The RIB submits that there needs to be some parity between the Codes in response of breaches involving drug use and the failure of Licence Holders to provide a sample. The penalty for failing to provide (or present for) a sample must exceed or be at least equal to, the penalty for providing a sample positive to a Class A Drug. Otherwise, there is no incentive for Licence Holders to comply with the drug testing procedure in the knowledge that they may test positive to a Class A Drug.

[102]  Since the RIB was established in 2021, there has been no cases involving Harness Drivers who have failed to provide a sample as directed by an Investigator. There are three historic cases, the most recent in 2015. The JCA in RIU v Robb (23.03.2015) stated that when considering penalty, it is paramount the need to ensure Harness Racing is “drug free” in order to maintain the integrity of the Industry. There is also the issue of safety of Horsemen and horses.

[103]  On 1 February 2023, the RIB published a Penalty Guide in respect of Harness Racing. The Penalty Guide adopts a starting point for a breach of HRNZ Rule 512(2) as a 6 month suspension of Licence. The Adjudicative Committee adopts the same starting point as appropriate in this case.

[104]  With regard to mitigating factors, Mr McCaffrey is aged 64 years and has been a Licenced Driver since 1983 and Licensed since 1993 as an Open Driver. He has no previous offending. The Adjudicative Committee takes into account, the good character references as to the respect Mr McCaffrey has in Harness Racing and his medical condition.

Penalty

[105]  On Information A18515, the Adjudicative Committee takes as a starting point, 6 months suspension, which relates to Mr McCaffrey’s Drivers Licence only. Having regard to the mitigating factors, the start date is 12 December 2023, with an end date of 12 June 2024.

[106]  No fine is imposed.

[107]  There is a cost order of $1,250 in relation to the Adjudicative Committee hearing.