Non Raceday Inquiry – Written Decision dated 1 November 2022 – Adrian Bosson-Thompson

CHARGE:

Information A15758

On Tuesday 6 September 2022, at the Stratford Racecourse Adrian Bosson-Thompson willfully failed to perform an act ordered by an Investigator to be performed by him in that he failed to provide a drug test and is thereby liable to the penalty imposed pursuant to Rule 801(2) of the said Rules.

Rule 801(k):
A person commits a serious racing offence within the meaning of these Rules who willfully fails to perform an act ordered by a Tribunal, NZTR, Stipendiary Steward or Investigator to be performed by him

Penalty 801(2):
A person who commits a serious Racing offence shall be liable to:
(a) be disqualified for any specific period or for life; and/or
(b) be suspended from holding or obtaining a licence for a period not exceeding 12 months. If a licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed licence, and/or
(c) a Fine not exceeding $50,000

Authorisation for the charge to be preferred was given by RIB management.

SUMMARY OF FACTS:

1. The Respondent, Adrian BOSSON-THOMPSON, is the holder of a Class B (Rider) Licence issued by New Zealand Thoroughbred Racing (NZTR).

2. He is 21 years old. He was unlicenced at the time of testing, on the 6th of September 2022, but contacted NZTR and renewed his Licence the following day.

Circumstances

3. On Tuesday the 6th of September 2022, Investigators from the Racing Integrity Board (RIB) conducted routine drug testing at the Stratford Racing Club.

4. The Respondent was observed riding and handling horses and was one of seven people selected for testing who were performing a ‘safety sensitive activity’ that day.

5. At 9.15 am he was served with a Drug Testing Notification Form.

6. It was explained to the Respondent where The Drug Detection Agency (TDDA) Testing Van was parked, and that testing would end at 9.30am.

7. Mr Bosson-Thompson was about to ride a horse so it was explained to him that the van would remain on site for an additional 5-10 minutes after 9.30am to allow him ample time to attend.

8. The Respondent acknowledged that he understood and accepted the notice. He advised he would visit the TDDA Van following his ride.

9. Mr Bosson-Thompson was unable to provide a Trackwork Licence. He advised he had not renewed his Licence for the current season because he no longer intended to ride and was planning on leaving the Industry.

10. At approximately 9:30am RIB staff noted the Respondent had left the track in his vehicle before attending the TDDA Van for testing.

11. The Respondent therefore did not supply a sample in accordance with the Rules and as directed by the Investigator as per Rule 656(2).

12. By failing to provide a sample during the times specified in the notice, he has wilfully failed to perform an act ordered by an Investigator.

13. He has no previous charges and has not previously been tested

G Murrow – RIB

In response Mr Bosson-Thompson said that the summary showed his age as 21 when in fact he was 31 years of age.

PLEA:

As the charge was admitted it was deemed proved.

PENALTY SUBMISSIONS:

Informant

1. Introduction

1.1 The Respondent, Adrian Bosson-Thompson, is the holder of a Track Rider Licence issued by New Zealand Thoroughbred Racing (NZTR).

1.2 He is 21 years old and is currently employed as a freelance Trackwork Rider.

1.3 Mr Bosson-Thompson faces a charge of breaching NZTR Rule 801(1)(k).

1.4 Mr Bosson-Thompson has admitted a breach of the Rules in relation to failing to present himself for drug testing at Stratford Racecourse when directed on the 6th of September 2022.

1.5 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.

1.6 All Riders should be aware of the policy and the consequences should they not comply.

1.7 The testing is conducted to maintain a safe and healthy workplace and to maintain the integrity of the Industry.

2. Offending

2.1 The details of Mr Bosson-Thompson’s offending are contained in the agreed Summary of Facts.

3. Penalty Provisions

3.1 The penalty provisions for breaching NZTR Rule 801(1)(k) are contained under Rule 801(2):

A person who commits a Serious Racing Offence shall be liable to:
(a) be disqualified for any specific period or for life; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $50,000.

4. Sentencing Principles

4.1 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.

4.2 All four principles apply in this matter.

5. Precedent

5.1 The most recent cases involving failing to comply of this nature are as follows:

RIB V HARRISON (28.09.2022) Track Rider – 2nd offence. The penalty in this case was 7 months disqualification.
RIB v JONES (27.08.2022) Apprentice Jockey. The penalty in this case was 7 months suspension.
RIU v TAYLOR (8.01.2021). Trainer. The penalty in this case was 12-months disqualification.
RIU v HARRISON (14.11.2019) Track Rider. The penalty in this case was 12-months suspension (four months suspended upon meeting conditions).

5.2 Recent penalties for Track Riders and Jockeys testing positive to the Class C Drug Cannabis range from 6-9 weeks suspension.

5.3 Recent penalties for Track Riders testing positive to the Class A Drug Methamphetamine range from 9½ – 12-months disqualification (with three months suspended upon meeting conditions).

5.4 The implications of disqualification and suspension on a Track Rider are summarised as:

Under Rule 1104(1) a person who is disqualified shall not:

(b) ride any horse in a Race or be employed in any capacity in connection with the training or racing of horses; and/or
(c) enter or go upon any Racecourse or any Training Facility or other place owned or controlled by any Club.

Under Rule 1106(1) a person who is suspended shall not:

(b) ride any horse in any Race.

Under Rule 324 only a Licence Holder may ride a horse at any Racecourse, Training Facility or Trainer’s Premises.

Under Rule 327 a Trainer shall not employ or otherwise permit to work or to assist in any capacity in connection with the care, control or training of any horse:

(b) any unlicensed person.

5.5 It is submitted that both the HARRISON and JONES penalties provide 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.

5.6 The RIB respectfully submits the penalty for failing to present for a drug test must exceed or at least equal the penalty for providing a sample positive to a Class ‘A’ Drug, otherwise a Licence Holder who knows they have recently consumed Methamphetamine is better to avoid the test, than provide a sample.

6. Aggravating Factors

6.1 Mr Bosson-Thompson failed to present himself for testing at the allocated times and place.

6.2 When requested to undertake a test, Mr Bosson-Thompson advised he did not hold a current Licence and was leaving racing. He was advised the testing was required regardless of his Licence status.

6.3 He left the course without complying with directions and applied for a Trackwork Licence from NZTR the following day.

6.4 When advised he was being charged by the RIB, he questioned how he was able to be charged, as he was not a Licence Holder at the time the test was requested and advised he would fight the process as it was “bullshit”.

7. Penalty

7.1 Mr Bosson-Thompson was working in a safety sensitive role and in refusing to supply a urine sample has “wilfully failed to perform an act ordered by an Investigator’.

7.2 As the RIB cannot determine categorically what drug or drugs may have been in Mr Bosson-Thompson’s system, any penalty must reflect the more serious Class ‘A’ Drug range.

8. Conclusion

8.1 The RIB therefore seeks a 12-month disqualification.

8.2 No costs are sought by the RIB.

Respondent

In response to the penalty submissions from the RIB Mr Bosson-Thompson said that he was leaving the Industry in two weeks time.

He said that he did not have a Licence at the time of the RIB instruction, but applied the very next day.

Mr Bosson-Thompson said that he had been drug tested before and was all clear.

He said that he rides trackwork six days per week and that it was his only income. He added that he has a partner and children to support.

Mr Bosson-Thompson provided character references from several Trainers from the Stratford district.

REASONS FOR PENALTY:

The Adjudicative Committee found that Mr Bosson-Thompson’s failure to present for a drug test after being directed to do so by an RIB Investigator was a serious breach of the Rules of Racing.

Persons involved within the Industry should at all times comply with the Rules and directives given by the RIB particularly when a matter is related to safety.

We have taken into account all matters that were put to us in relation to penalty, including penalties imposed for similar breaches, the sentencing principles and the admitted breach.

The Adjudicative Committee adopted a starting point of twelve months disqualification and due to the mitigating features, including Mr Bosson-Thompson’s supportive references and clean record, a discount of two months was afforded.

CONCLUSION:

Mr Bosson-Thompson was disqualified for 10 months from 5pm 27 October 2022 through to 27 August 2023.

COSTS:

Mr Bosson-Thompson was ordered to pay costs of $400 to the RIB Adjudicative Committee, being part of the costs incurred in the preparation and hearing of this Information.