Panel: D Farquharson, K Wolsey, M Barbosa
Stewards today conducted an inquiry into the pathology report pertaining to a urine sample provided by licensed harness driver Brendan Barnes at a race meeting conducted at Albion Park on Saturday, 4 April 2015, which upon analysis revealed the presence of cocaine metabolites BENZOYLECGONINE and ECGONINE METHYL ESTER above the permitted threshold.
After considering all the evidence tendered, Stewards charged Mr Barnes pursuant to AHR Rule 252E (1) which reads:
“Subject to sub-rule (2) a person shall not have any alcohol or drug of abuse in his
or her body when carrying on or purporting to carry on a licensed activity or official
duties at a meeting.”
Specifics of the charge being that when engaging in licensed activity at Albion Park on Saturday, 4 April 2015, Mr Barnes provided a urine sample which upon analysis was found to contain a drug of abuse, namely the metabolites of cocaine, BENZOYLECGONINE and ECGONINE METHYL ESTER.
Mr Barnes pleaded guilty to the charge.
When considering the matter of penalty, Stewards were mindful of the short period of time Mr Barnes has held a licence, his record regarding this particular rule, and the impact any penalty may have on Mr Barnes’ personal and financial situation. Consideration was also given to penalty precedents, the seriousness of the breach and the substance involved and the need for a penalty to serve as a deterrent to Mr Barnes and to illustrate to the industry that offences of this nature will not be tolerated, particularly bearing in mind the importance of a drug free workplace.
In all the circumstances Stewards determined the appropriate penalty be a disqualification of Mr Barnes’ licence for a period of six (6) months, to be backdated to commence on Saturday, 4 April 2015, the day on which he was stood down.
Further, under the provisions of AHR Rule 250(4), Mr Barnes was advised he will be required to provide a sample free of banned substances prior to resuming driving.
Mr Barnes was advised of his appeal rights.
