Non Raceday Inquiry – Written Reserved Penalty Decision dated 22 January 2026 – Ayush Mudhoo

Information A19863 has been filed by Senior Racing Investigator, Simon Irving, against Licensed Apprentice Jockey, Ayush Mudhoo, alleging that on the 8th of December 2025 at Riccarton Racecourse, having been required by a Racing Investigator to supply a sample of his urine in accordance with Rule 656(3) of the NZTR Rules of Racing, provided urine which upon analysis was found to contain the controlled drugs MDMA and Cocaine, being Controlled Drugs as defined in the Misuse of Drugs Act 1975 and liable to the penalty imposed pursuant to Rule 803(3) of the Rules.

Rule 656 provides as follows:

(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.

“Safety Sensitive Activity” means “an activity associated with Races or racing which is of the type that is specified by NZTR in a published policy to be a safety sensitive activity”.

A Safety Sensitive position is a job or position where a person holding this position has the responsibility for his/her own safety and/or other people’s safety and/or the welfare and safety of all horses affected by their actions.

Safety Sensitive Positions include, but are not limited to:
• Trainers preparing and/or handling horses
• Licence holders preparing and/or handling horses
• Any other persons who are in direct control of a horse.

Mr Mudhoo was assisted at the hearing by Licensed Class A Trainer, Mr Andrew Carston.

The Rule and Charge were read to Mr Mudhoo, who indicated that he understood them both and that he admitted the breach, which was found proved accordingly.

At the conclusion of the hearing, the Adjudicative Committee reserved its Penalty Decision. That Decision now follows.

SUMMARY OF FACTS:

Mr Irving presented the following Agreed Summary of Facts:

1. The Respondent, Ayush Mudhoo, is the holder of a Class B, Apprentice Jockey Licence, issued by New Zealand Thoroughbred Racing (NZTR).

2. He is 21 years old and is indentured to Trainer, Andrew Carston, at Riccarton. He has held an Apprentice Licence since the 2023/24 season and has had 169 rides for 12 wins.

Circumstances

3. On the morning of Monday, 8 December 2025, Investigators from the Racing Integrity Board (RIB) conducted routine human drug testing at Riccarton Racecourse.

4. The Respondent was observed undertaking a “safety sensitive activity”, and was one of nineteen people selected for testing that day.

5. At 7.35am, he was served with a Drug Testing Notification Form requesting he present at The Drug Detection Agency (TDDA) mobile van for testing on-site between 7.30am and 10:30am.

6. At 9.21am, Mr Mudhoo provided a urine sample to the TDDA technician which screened non-negative to Cocaine and Methamphetamine.

7. The screening sample was sent to PHF Science for confirmatory analysis and, on 17 December 2025, a Urine Drug Test Report was received confirming the sample positive to MDMA and Benzoylecgonine.

8. MDMA (3,4-methylenedioxymethamphetamine), commonly known as “ecstasy”, is a synthetic drug with stimulant and mild psychedelic effects. It is a Class B Controlled Drug as defined in the Misuse of Drugs Act 1975 (MODA).

9. Benzoylecgonine (BZE) is the primary, inactive metabolite of Cocaine, formed when the body breaks down the drug, and is a key marker in urine tests for Cocaine use, indicating recent consumption. It is a Class A Controlled Drug as defined in the MODA.

10. When spoken to following the screening result, Mr Mudhoo admitted he had consumed some white powder when intoxicated, having been offered it at a party on the Saturday night prior to the testing, and had previously not used drugs.

Conclusion

11. Mr Mudhoo has been involved in the racing industry in New Zealand for three years. He has no previous NRI charges.

PENALTY SUBMISSIONS

1. Introduction

1.1 The Respondent, Ayush Mudhoo, is the holder of a Class B, Apprentice Jockey Licence, issued by New Zealand Thoroughbred Racing (NZTR). He is indentured to trainer, Andrew Carston, at Riccarton Racecourse.

1.2 Mr Mudhoo has admitted a breach of NZTR Rule 656(3) following his providing a urine sample at Riccarton Racecourse during trackwork on 8 December 2025, positive to the Class A drug, Benzoylecgonine (Cocaine), and the Class B Drug, MDMA.

1.3 He has no previous NRI charges.

1.4 The RIB submits that an appropriate penalty in this case is a 9-months period of disqualification, with consideration given by the Adjudicative Committee (AC) for part of the disqualification being suspended.

Background

2.1 NZTR commenced drug testing industry participants in 1995 and, since then, there has been a clear expectation that licence-holders present themselves free from the influence of drugs when undertaking safety-sensitive activities.

2.2 All licence-holders should be aware of the Rules of Racing and the consequences of non-compliance. The testing is conducted to maintain a safe and healthy workplace and to uphold the integrity of the racing industry.

2.3 Historical penalties for breaches of the industry drug rules vary depending on the type of drug, the level detected, and any additional circumstances.

2.4 Mr Mudhoo had not previously been drug tested.

Offence

3.1 The details of Mr Mudhoo’s breach are contained in the RIB Summary of Facts which have been agreed.

3.2 The RIB observed Mr Mudhoo undertaking a safety-sensitive activity at Riccarton Racecourse on the morning of 8 December 2025, where he provided a urine screening sample non-negative to Cocaine and Methamphetamine.

3.3 The Institute for Public Health and Forensic Science (PHF) confirmed the presence of Benzoylecgonine, a metabolite of Cocaine, and MDMA (3,4-Methylenedioxymethamphetamine). Both are controlled drugs within the meaning of the Misuse of Drugs Act 1975.

Penalty Provisions

4.1 The penalty provisions are contained under Rule 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 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.

Sentencing Principles

5.1 The four principles of sentencing can be summarised briefly:

(i) Penalties are designed to punish the offender for their wrongdoing. They are not meant to be retributive in the sense that the punishment is disproportionate to the offence, but the offender must be met with a punishment.

(ii) In a racing context, it is extremely important that a penalty has the effect of deterring others from committing similar offences.

(iii) A penalty should reflect the disapproval of the Adjudicative Committee for the type of behaviour in question.

(iv) The need to rehabilitate the offender should be taken into account.

Previous Cases

6.1 There have been two previous cases of human Cocaine positives in New Zealand and none for MDMA:

RIB v Ms X (March 2025)

Licensed Trackwork Rider, Ms X (personal information redacted on determination of the Adjudicative Committee), provided a sample positive to Benzoylecgonine following routine human testing at Awapuni trackwork on a Monday morning. She explained that she had consumed Cocaine on the previous Saturday evening.

In determining penalty, the AC adopted a starting point of 9-months disqualification and, in consideration of Ms X’s remorse and acceptance of culpability, reduced the term to 8 months, with the final two months of the disqualification suspended upon completion of an approved drug and alcohol course and provision of a clear drug test.

RIB v M Cameron (August 2024)

Licensed Jockey M Cameron was riding at a Rotorua race meeting when he provided a sample positive to Cocaine during routine raceday testing.
Adopting a starting point of 12 month’s disqualification, having viewed Mr Cameron’s seniority and the fact he was riding on a raceday, the AC considered the time he had been “stood down”, his early plea and cooperation as mitigating factors in concluding a 9-months disqualification, with the final month waived on the provision of three clear drug tests.

The Adjudicative Committee commented:

The Adjudicative Committee does not differentiate between Methamphetamine and Cocaine. Both have been classified as Class A Drugs, and both are said to be extremely harmful to individuals and society. Given the penalties imposed in the various precedent New Zealand cases and in consideration of the facts, and its assessment of the Respondent’s culpability, the Adjudicative Committee adopts a starting point penalty of 12 months disqualification.

6.2 Recent cases that have come before the AC for the Class A Controlled Drug Methamphetamine include:

RIB V S Simon (2025)

Class A Trainer positive to Methamphetamine returned when riding trackwork at Te Aroha – 9 months disqualification, with 3 months suspended upon successful completion of drug and alcohol counselling and clear testing.

RIB v J Champion (2024)

Track Rider positive to Methamphetamine and THC Cannabis returned when riding trackwork – 10.5 months disqualification, with 3.5 months suspended upon successful completion of counselling and/or rehabilitation programme and providing evidence of being drug free.

RIB v T Moki (2023)

Class D (jumps) Jockey positive to Methamphetamine returned while riding trackwork at Te Aroha – 12 months disqualification.

RIB v D Scott (2022)

Track Rider positive to Methamphetamine and Cannabis when riding trackwork – 9½ months disqualification due to her youth and rehabilitative potential, with 3 months suspended upon completing a drug and alcohol programme and providing evidence of being drug free.

Aggravating Factors

7.1 As part of the Apprentice Academy Programme, attendees are educated on the risks associated with recreational drug and alcohol use in their sport. The dangers and impact of illicit drug use, particularly for those on working visas, should have been blatantly clear to Mr Mudhoo.

Mitigating Factors

8.1 Mr Mudhoo has admitted the charge and has been cooperative and respectful throughout the process. He is remorseful and regretful of his actions, and has the support of his employer, and the Racing Chaplain, Mr Andrew McKerrow.

8.2 As considered in the Scott Decision, Mr Mudhoo is young, having just turned 21 years old, and has rehabilitative potential. He has held a NZTR Licence for three years and has no previous NRI charges.

8.3 Mr Mudhoo was tested in his capacity as a trackwork rider and not on a raceday, as in the cases of Cameron and Moki.

8.4 He was “stood down” following the non-negative screening analysis on 8 December 2025, and prohibited from performing any safety sensitive activities from that date. As was the case in Cameron, with disqualifications unable to be backdated, the stand down period was considered by the Adjudicative Committee as mitigation when determining the length of disqualification.

Submission

9.1 When determining penalty, the RIB submits that the Adjudicative Committee has regard to the purpose of the proceedings, which include to ensure the Rules are complied with, to uphold and maintain the high standards expected of riders and those undertaking safety sensitive activities and to protect the integrity of Thoroughbred Racing.

9.2 The RIB submits that an appropriate penalty in this case is a 9-months disqualification, with consideration given by the Adjudicative Committee for part of the term being suspended upon satisfying drug rehabilitation requirements as in previous cases.

9.3 No costs are sought.

RESPONDENT’S SUBMISSIONS:

Mr Mudhoo produced a character reference / testimonial from his former employer, Levin Class A Trainer, Ilone Kelly.

He expressed his remorse for what had happened, and gave an assurance that it would not happen again.

Mr Carston said that Mr Mudhoo had obviously made a mistake. He had attended a party attended by many people and had “joined in” and, unfortunately, he had been the one person who had later been tested for drugs.

Mr Carston said that Mr Mudhoo, in terms of work ethic, was one of the best Apprentices that he had had. What has happened is a “disaster”, because Mr Mudhoo was just starting to live up to his promise. This was a “huge learning curve” for him, he said. He has already engaged with Mr Andrew McKerrow, the Racing Chaplain. He is a good young man and does not use drugs, he said.

REASONS FOR PENALTY:

Mr Mudhoo was tested for drugs at trackwork at Riccarton Racecourse on Monday morning, 8 December 2025. The urine sample, upon analysis, proved positive to the Class B Controlled Drug, MDMA (commonly known as Ecstasy) and to the Class A Controlled Drug, Benzoylecgonine (Cocaine). Mr Mudhoo has admitted the charge.

Testing positive to drugs, and in particular a Class A Drug, is considered as one of the most serious integrity breaches in New Zealand Racing. A Class A Controlled Drug is automatically a Prohibited Substance, and liability is strict.

In the case of riding trackwork specifically, drug use is treated as no less serious than in race riding, because of the unique safety environment.

The Adjudicative Committee was assured that Mr Mudhoo is not a drug-user. Mr Mudhoo’s explanation for his lapse was that he had been offered some “white powder” at a party on the Saturday night (two days earlier), while intoxicated. It was something that he now regrets, and he appeared genuinely remorseful at the hearing. It was a silly mistake by a promising young Rider.

In considering penalty, the Adjudicative Committee has taken into account Mr Mudhoo’s youth and his potential for rehabilitation. He is likely to have a long and successful career in the racing industry, and he will be an asset to the industry in the future. The Adjudicative Committee wishes to see that his return to the industry is encouraged.

However, this breach must be met with a period of disqualification. Periods of disqualification, in previous cases have ranged from 9-12 months. The Adjudicative Committee takes a starting point, in this case, of a 12-months disqualification, as in the Cameron case.

Mitigating factors are Mr Mudhoo’s admission of the breach, his previous good record, his cooperation with the investigation process, his clear remorse, his youth and potential for rehabilitation and that he has already undergone a period of stand down, during which he has been unable to ride. For a combination of those factors, which are quite compelling, the period of disqualification is reduced to 8 months.

In considering penalty, the Adjudicative Committee has had regard to the usual principles of sentencing – to punish Mr Mudhoo for his offending, to deter others from committing similar offences, to reflect the disapproval of the Adjudicative Committee for the type of offending in question and, importantly in this case, the need to rehabilitate Mr Mudhoo.

PENALTY – CONCLUSION

Class B Jockey, Ayush Mudhoo, is disqualified for a period of 8 (eight) months, such period to commence from the date of this Decision.

The Adjudicative Committee orders, pursuant to Rule 812(a), that Mr Mudhoo attends and completes a programme of counselling / rehabilitation to be mutually agreed between himself and the AOD Clinician to the Racing Industry. It is further ordered, pursuant to Rule 812(b), that upon his providing satisfactory evidence that he is drug-free and has successfully participated in a drug programme, upon having served 6 months of the disqualification, that the final 2 months of the disqualification period be suspended. The expense of his participation in programmes, counselling and testing is to be borne by Mr Mudhoo himself. The mechanics of how he is to be tested is to be determined by the RIB, after consultation with the AOD Clinician to the Racing Industry.

COSTS

There will be no order as to costs.