Racing NSW Stewards have inquired into a breath analysis sample that was obtained from licensed trackwork rider Benjamin Jewitt on the morning of Friday, 9 October 2020 at Kembla Grange Racecourse, that detected a blood alcohol concentration in excess of the permitted threshold (0.02%).
Evidence was taken from Mr Jewitt, licensed trainer Louise Dean and Racing NSW Investigator Mr Jared Roger, who provided evidence via telephone.
Mr Jewitt pleaded guilty to a charge under AR139(1)(a) in that on the morning of Friday, 9 October 2020 at Kembla Grange Racecourse he did provide a breath sample that upon analysis detected a blood alcohol concentration in excess of the allowed level as outlined under AR136(1)(f).
Mr Jewitt’s licence was suspended in full for a period of 2 months, backdated to commence on Friday, 9 October 2020, the day Mr Jewitt was stood down, and to expire on Wednesday, 9 December 2020, on which day he may resume.
Mr Jewitt was advised that should he complete a minimum of three satisfactory counselling sessions he would be allowed to return to work as a stablehand on Monday, 9 November 2020. Mr Jewitt was further advised that he will be required to present himself to Stewards at which time he will need to provide a satisfactory sample of his breath on three occasions prior to being permitted to resume stablehand duties.
In assessing penalty, Stewards considered Mr Jewitt’s guilty plea, his unblemished record and his personal circumstances, however, Stewards were cognisant of the blood alcohol concentration detected in his breath sample.
Mr Jewitt was advised of his rights of appeal.
Division 5 – Substances banned for use by riders and horse handlers
AR 136 Banned substances in relation to riders
(1) Unless otherwise stated in these Australian Rules, the following substances and/or their metabolites, artefacts and isomers are specified as banned substances in riders when detected in a urine sample at a concentration above the respective threshold level:
(f) alcohol (at a blood alcohol concentration in excess of 0.02% that is, 20 milligrams of alcohol in every 100 millilitres of blood) on a breath analysing instrument
Division 6 – Banned substance offences for riders and horse handlers
AR 139 Offences where riders use banned substances
(1) A rider breaches these Australian Rules if:
(a) a banned substance under AR 136(1) is detected in a sample taken from the rider