Chief Stipe

Non-Raceday Inquiry – Written Decision dated 9 May 2022 – Bruce Herd ID: RIB8984 Respondent(s): Bruce Herd - Other (Trackwork Rider) Applicant: Ms G Morrow - RIB Investigator Adjudicators: Hon J W Gendall QC, Mr T Castles Persons Present: Mr B Herd Information Number: A16852 Decision Type: Adjudicative Decision Charge: Prohibited Substance Rule(s): 656(3) Plea: Admitted Hearing Date: 06/05/2022 Hearing Location: Awapuni Racecourse Outcome: Proved Penalty: Trackwork Rider Bruce Herd is suspended for 7 weeks and 1 day 1. Mr B Herd is a Class B (Misc.) licensed freelance Trackwork Rider. He is charged with a breach of Rule 656(3) of the Rules of Racing. That Rule provides that: “A Rider, or any other Licence holder who has carried out, is carrying out, is likely to carry out, a safety sensitivity activity at a racecourse, who having been required by a Stipendiary Steward or Investigator to supply a sample urine .... must not have a sample which is found upon analysis to contain any sort of controlled drug as defined in the Misuse of Drugs Act, 1975 …” 2. On 4 March 2022 at Palmerston North Racecourse, Mr Herd, as a licensed Trackwork Rider, rode a horse in an exhibition gallop, after which he was required by a RIB Investigator to undertake a drug test by the Drug Detection Agency. The urine sample obtained from him was forwarded to the ESR for analysis and was confirmed on 9 March 2022 as positive to the Class C Controlled Drug Cannabis at a THC level of >130ng/m [nanograms per millilitre]. In accordance with Rule 657(1)(b) Mr Herd was ‘stood down’ and his licence automatically withdrawn on 16 March 2022. 3. The issue of penalty has been dealt with today. Mr Herd was served with the Information and chose not to make submissions. Ms Morrow as Informant, made written submissions which, in summary: (a) Referred to four well known sentencing principles (punishment, deterrence of others, disapproval of the profession, rehabilitation). (b) Provided examples of other penalty decisions where Trackwork Riders tested positive to THC Cannabis samples: RIB – A Scott (9 weeks suspension) RIU – J Robinson (6 weeks suspension) RIU – T Asker (6 weeks suspension) RIU – S Collins (6 weeks suspension) (c) Advised that Mr Herd had no previous breaches of this Rule relating to adverse findings upon urine analysis (having not had a sample undertaken for testing previously). But he had a prior drug related breach (in 2008) where he pleaded guilty to a Serious Racing Offence in 2008. He then switched urine samples with another Jockey during a routine drug test. (d) A 6 week’s suspension and costs of $187.50 for the ESR analysis test was sought. 4. Mitigating features include Mr Herd’s compliance with the Investigator and his guilty plea (although any defence would have been futile). We were not informed of his personal or family circumstances but were advised that he was in a very difficult financial position. We record that Mr Herd had previously been a very prominent and successful Class A Licensed Rider. 5. There is no reason for us to distinguish Mr Herd’s breach from most others. It appears that the RIB requests that Mr Herd provides a negative drug test before his licence is reinstated. This provides a difficulty as the RIB submitted that the commencement of the suspension could be backdated, but if his licence was withdrawn on 16 March 2022, any 6 week suspension would have concluded on 27 April 2022. 6. And there appears to be a conundrum in the Rules which, in Rule 657(1)(b) provide that a licence is to be automatically withdrawn from the date of the written notice, (which has occurred here), “until the Adjudicative Committee issues a substantive decision filed against that person in relation to that sample …”. So it appears that the licence is suspended/withdrawn until the Adjudicative Committee decision today and it cannot be deemed to have been restored earlier through backdating. 7. It is necessary to add that the requirements in Rules 657(2)(a) and (b) which relate to the provision by the Jockey of a clean sample, seems to apply only to the situation where no Information has been filed within 21 days. But, nevertheless, Rule 322 enables the NZTR to impose conditions on the issue of a licence, on reasonable grounds, which include a Rider who carries out a Safety Sensitive Activity at a racecourse, to submit, if requested, to a urine sample test. That will apply here if the NZTR considers it appropriate, and in addition, conditions attaching to the grant or renewal of a licence can, if the NZTR directs, be dealt with under Rule 322 plus any application for renewal of a licence which has to be made by 1 July in any year can also be subject to any conditions imposed. The point of this discussion is that it is for the RIB and NZTR, rather than this Adjudicative Committee to direct what Mr Herd must do to retain, or restore his licence. 8. These are some thoughts that the NZTR may consider but the end position is that the Adjudicative Committee is not able to “backdate” the suspension request to the extent sought. Because of the operation of Rule 657(1)(b) the suspension can only be from 16 March 2022 when it was withdrawn until today at 5pm, 6 May 2022. 9. Conditions as to the continued licence can, if the NZTR directs, be dealt with under Rule 322. In any event, when licence renewal is made, as it must by 1 July, (Rule 319), conditions can be dealt with. OUTCOME: 10. Mr Herd’s Class B (Misc.) Licence is suspended for 7 weeks and 1 day, commencing 5pm 16 March 2022 and concluding 5pm 6 May 2022. 11. He is ordered to pay to the RIB $187.50 being the costs incurred in the analysis by the SSR. Hon J W Gendall QC (Chair) Mr T Castles (Member) 6 May 2022

And we wonder why Drivers don't want to hand up the lead!

Why is it a silly question? If you have punted on a trailing horse that gets carted back by a tiring runner often you have done your dough. If the driver decides to push out rather than get shunted and doesn't do it according to the rules they get hammered. Generally the tiring horse doesn't start tiring before the 600m and when they are tired they tend to run out anyway. Why not move off the rail, move to the outside and give everyone a chance. Hell they do it with breaking horses.

So you'd rather see a tiring leader cart the WHOLE inside line backwards?

So one stable runner may have played rabbit. No guarantee that that alleged action was going to favour one particular horse. Were the sectionals outlandishly fast?

What reaction? The horse was running out did he stop it doing that? As for SAFE if I as a long term race watcher can't determine if he hit the horses head how the hell are SAFE going to see it? The Judicial process will bring it to their attention of course.

Yeah not allowed to race on a Good 2 because they can't irrigate yet wasn't it last year they let the Steeplechasers run round on a hard non-irrigated track at Riccarton!

Some experts are suggesting he hit the horse on the head. I can't see that from the head on - excuse the pun. However unlike OZ we don't get to see the Stewards vision very often - certainly not within 24 hours!!!!

Maybe he was trying to correct some behaviour that the horse was exhibiting.

Wiremu gives Posh Porotene a couple of cracks with the whip just prior to the finish when out of contention. Not an excessive whip or too many times charge.

Otaki-Maori RC 6 May 2022 – R6 – Wiremu Pinn ID: RIB8959 Respondent(s): Wiremu Pinn - Apprentice Jockey Applicant: N Goodwin Stipendiary Steward Adjudicators: N Moffatt Persons Present: Mr Neil Goodwin, Stipendiary Steward, Mr K Coppins, Stipendiary Steward, Mr W Pinn and Ms K Clapperton, Central Districts Apprentice Mentor Information Number: A14537 Decision Type: Adjudicative Decision Charge: Improper use of whip Rule(s): 638(3)(e) Plea: Not Admitted Animal Name: POSH POROTENE Code: Thoroughbred Race Date: 06/05/2022 Race Club: Otaki-Maori Racing Club Race Location: Otaki Racecourse - Te Roto Road, Otaki, 5512 Race Number: R6 Hearing Date: 06/05/2022 Hearing Location: Otaki Racecourse Evidence Following the running of Race 6, a charge of improper use of the whip was brought against Apprentice Rider Mr W Pinn by the Stewards. The Information alleged W Pinn (POSH POROTENE) used his whip in an excessive, unnecessary and improper manner on two occasions just prior to the finish line. Mr Pinn, assisted by Apprentice Mentor Ms Clapperton, requested an adjournment of the hearing. Ms Clapperton said she had rung Mr Miller to whom Mr Pinn is apprenticed, and he had asked her to seek an adjournment. The charge is of a serious nature and needs to be taken seriously. Mr Miller would need time to look at the incident and speak with Mr Pinn before proceeding. The Adjudicative Committee took into account the reasons provided and considered it appropriate to grant an adjournment. The hearing will be heard at a mutually convenient date, with the time and place to be advised by the RIB.

Great camera work. Do you think we could get that here? Stipes vision camera in camera. Hell they've spent enough on the technology.

Real possibility it is Fake News. Sadly all three codes are suffering from internecine warfare and rumour mongering.

Think? So something is circulating?

Allegedly there is an RIB report circulating regarding this matter. Presumably leaked. As per the title of this Topic - if this is true has the RIB really changed under new management?

Didn't go too bad. Broke at the start but paced the whole way once going. Made up a heap of ground. Good effort.

Woops my bad. She had another trial on 30 April at Motukarrara.

When did she have her second trial? The Stipes said two trials but it seems she has had only one official trial.

Get on and get plenty Brods!!!!

That would ruin the conspiracy narrative!

The other two place getters are useful ponies as well!!!! Both smashed the record and worked hard to catch Sundees Son and only 0.2 seconds behind him!

MEETING NEWS Hawke's Bay May 26 Meeting now at Otaki The meeting scheduled for Hawke’s Bay on Thursday 26 May will now be conducted by the Otaki-Maori RC at Otaki. The Hastings track has undergone remedial/renovation work post the Hawke’s Bay Cup meeting and this work has taken longer than anticipated. The R65 2000m scheduled for this meeting will now be run over 2100m.

The usual suspects are raising doubts about how the record could be smashed by 4 seconds. Let's face it Sundees Son is one of the best if not THE best trotter to grace our tracks. Incidentally the first 3 home knocked the record for 6.