Racing NSW Stewards today inquired into the results of breath samples provided by licenced jockey Billy Shimodaira at the Ballina race meeting on Thursday, 27 July 2023.
Such breath samples revealed Mr Shimodaira to have a blood alcohol concentration in excess of that permitted under the Rules of Racing.
Mr Shimodaira was stood down by Stewards from his riding engagements that day.
Mr Shimodaira was issued a charge under AR139(1)(a) –
Charge: AR139(1)(a) – Offences where riders use banned substances
The details of the charge being that licensed jockey Mr B. Shimodaira, breached AR139(1)(a) by reason of the following particulars:
1. He did accept riding engagements at the Ballina Jockey Club race meeting on Thursday, 27 July 2023.
2. On Thursday, 27 July 2023 he attended Ballina Racecourse for the purpose of fulfilling those riding engagements.
3. After presenting on course, Racing NSW officials took samples of his breath with a breath analysing instrument, in accordance with their powers under AR22(h).
4. The breath samples provided revealed Mr Shimodaira to have a blood alcohol concentration in excess of the level permitted under the Rules of Racing.
Plea: Guilty
The Stewards considered the following matters when determining an appropriate penalty.
• Guilty plea and cooperation with Stewards throughout the proceedings.
• Professional and personal circumstances.
• Apparent remorse displayed for this breach of the rules and his undertaking to seek professional assistance.
• Principles of specific and general deterrence and what message is sent to the industry in respect to such conduct.
• Purpose of issuing penalties as a protective measure for the image and interests of the Thoroughbred racing industry.
Penalty
Three-month suspension of Mr Shimodaira’s jockey’s licence in full reduced to two months allowing for his guilty plea and other mitigating factors. Such suspension to commence on Wednesday, 2 August 2023 and to expire on Monday, 2 October 2023, on which day he may resume riding.
Mr Shimodaira was advised that should he undertake an appropriate level of alcohol counselling Stewards will vary such penalty to a suspension of his licence to ride in races only, permitting him to resume riding trackwork on 2 September 2023.
Mr Shimodaira was advised of his rights of appeal.
Relevant Rules
AR139(1)(a) 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
AR136(1) 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)