Harness Racing SA Ltd Stewards conducted an inquiry on 03/04/14 into a report received from Racing Analytical Services Ltd (RASL) in relation to a urine sample provided by driverat Betezy Park Globe Derby on 28/02/14 in order to obtain a clearance after having been stood down from driving on 23/12/13 for failing to provide a urine sample when so directed by Stewards. This sample was found upon analysis to contain the banned substance d-methamphetamine.
Evidence was heard from Mr Alcorn, RASL Laboratory Director David Batty and HRSA Ltd Swabbing Assistant John O’Grady.
After considering the evidence tendered, Mr Alcorn was charged under Rule 250 (1)(a) on the grounds that as a licensed driver, a urine sample taken from him on 28/02/14 was found upon analysis to contain a substance banned by Rule 251 – namely d-methamphetamine at a concentration above the applicable cut-off.
Mr Alcorn pleaded not guilty to the charge, however after hearing further evidence, he was found guilty as charged.
After considering submissions as to penalty, Mr Alcorn was subsequently disqualified for 2 years effective at the completion of the 18 months disqualification being currently served by him for two separate earlier offences.
In settling on penalty, the Panel took into consideration:
- Mr Alcorn’s not guilty plea;
- The serious nature of the breach;
- Mr Alcorn’s record in that this was his third offence relating to banned substances/drugs of abuse;
- A recent penalty imposed upon another licensed driver for a similar offence;
- The need to provide a deterrent – both general and specific;
- The need to maintain public confidence in the integrity of the industry.
Stewards further ordered under the provisions of Rule 15 (1)(ad) that Mr Alcorn pay HRSA Ltd for the costs incurred in relation to the analysis of this sample and also an earlier sample provided by Mr Alcorn at the SAHRC’s meeting on 04/01/14 for the purpose of obtaining a clearance. Initial analysis of this earlier sample detected the presence of the banned substance 7 – aminonitrazepam, however given the rules that were in place at the time that the sample was provided, the Panel were of the opinion that Mr Alcorn had no charge to answer as he was not carrying out or purporting to carry out a licensed activity at this meeting.
Chairman of Stewards
Harness Racing SA