Saturday, 1 November 2008: Top New Zealand jockeys Opie Bosson and Bruce Herd have been disqualified for a total of 19 months for substituting a urine sample during a routine drug test at a race meeting last month.
Bosson and Herd were banned after they appeared before the NZ racing's Judicial Control Authority (JCA) on Friday to face charges relating to the validity of a urine sample allegedly oroiduced by Bosson but submitted by Herd for testing at the Waikato Racing Club's meeting at Te Rapa on October 3.
Both appeared with legal counsel and pleaded guilty with Herd disqualified for 15 months and Bosson for four months.
Herd was also ordered to pay costs of $1500 to the NZ Thoroughbred Racing, $5000 to the JCA and a further $300 to NZTR for sample testing.
Bosson must pay costs of $500 to NZTR and the same amount to the JCA.
Herd admitted taking cannabis and a diuretic before the Te Rapa meeting on October 3.
When Herd was ordered by officials to provide a urine sample during a random drug test at the meeting he asked Bosson to provide a sample on his behalf.
Herd emptied a Berocca tube and handed it to Bosson, who provided the sample, and Herd presented it for testing.
Michael Colson, representing NZ Thoroughbred Racing, acknowledged Bosson had nothing to gain from being the donor and that he acted out of friendship for Herd.
However he emphasised the fact that there hadn't been a situation of a donor being caught before.
"This type of behaviour cannot be tolerated," said Colson.
Bosson's counsel Alan Galbraith QC said his client accepted responsibility for his actions that were not premeditated.
The sample produced by Bosson was clear and Colson acknowledged the inquiry was instigated only after information was received by Chief Racecourse Investigator John McKenzie.
The investigation began eight days after the race meeting when Herd and Bosson were interviewed separately.
Herd, 38, was shattered by the 15-month ban that could end his riding career.
"It's a long time and it's going to be a real struggle," said Herd, who has battled weight issues to remain a leading jockey.
Herd is the partner of successful Awapuni trainer Lisa Latta and under the disqualification he will not be allowed at the stables or any other training premises of a licence holder or on any racetrack.
"I know I've done wrong, but it's going to really affect Lisa as a trainer, too,” he said.
"I ride work all the time and it's a team effort," said Herd.
During the hearing, Herd's counsel, Peter Brosnahan, stressed the impact a disqualification will have on not only his client and his chances of returning to race riding, but also Latta, her 15 staff and her owners.
"Not only will the loss of earnings be a huge financial burden on the family it will take away his ability to work for her and her ability to function as she is now," said Brosnahan.
Herd is the NZTR Riding Master in Awapuni and has a responsibility in that role of training young riders.
Herd, who has ridden in excess of 1000 winners in New Zealand, was recently recognised for his Outstanding Contribution To Racing.
