Gordon Robinson | If it was horsehair

Rules of Racing are extremely strict and particularly burdensome on racehorse trainers.

For example:

“207. (1) A horse which has been entered or declared to run in a race which on examination shows the presence in its tissues, body fluids or excreta of:

(a) a Prohibited Substance; or

(b) any substance which by its nature or by the abnormal quantity or abnormal manner of its administration could affect the speed, stamina, courage or racing performance of a horse shall be disqualified by the Commission for the race in question…

(2) In any investigation held…the production of a certificate signed by the Racing Chemist shall be conclusive proof of all the facts therein stated.

(3) A finding by the Racing Chemist that a Prohibited Substance or a substance as is mentioned in sub-paragraph (b) of Rule 207(1) was present in the sample taken from a horse or the dead body of a horse shall unless the contrary be proved by the owner, trainer, groom, agent or any person having the charge, custody or care of the horse, be proof that the horse was administered such substance; …the intention of the person having the charge, custody or care of the horse was that the horse should carry the said substance in or on its body while participating in the race; ….and that the trainer, groom and any other person having the charge, custody or care of such horse had failed properly to protect such horse and guard it against the administration or attempted administration of such substance as aforesaid.”

So, basically, anything that goes wrong with a racehorse while in the care and custody of a trainer and groom is the custodian’s fault, unless they can prove otherwise. Severe sanctions, including lengthy suspensions, are likely. A tad harsh, ain’t it?

Not really, when you consider:

• we’re dealing with a gambling industry which, as such, is blighted by rampant corruption;

• the fragile, temperamentally unstable nature of thoroughbred horses;

• that horses are imprisoned in small stalls for most of every day; and

• trainers and grooms are responsible to constantly monitor and supervise the welfare of these valuable, volatile assets.

Last July, a young lady named Nzinga King, behaving boisterously after police allegedly discharged pepper spray inside a taxi in which she was a passenger, after another occupant ordered to exit the taxi disobeyed, was arrested and charged under DRMA orders for not wearing a mask.

She claimed that while in custody, her dreadlocks, grown on religious grounds, were cut off by a policewoman because, as the young lady asserted, the policewoman said she was a suicide risk and the dreadlocks were a danger to her and others. The police deny these allegations.

SIMPLE ISSUE

Reams of unreadable, unnecessary and contradictory legal logic have been published by DPP (who found no reason to prosecute) and Public Defender (who recommended government should compensate the young lady for assault and breaches of constitutional rights; prosecute for assault; and bring disciplinary proceedings).

Hours of airtime have been wasted on these legal arguments when the issue is simply one of public policy, which should be the driver of legislation (once constitutional) and decisions whether or not to prosecute (once within the law).

The incontrovertible facts (regardless of who said what when) are:

1. Nzinga, a valuable Jamaican citizen, was arrested and taken into police custody by members of a police force blighted by rampant corruption;

2. This fragile, volatile individual entered the station with dreadlocks;

3. She left the station without dreadlocks.

Public officials duty-bound to protect citizens’ rights should ask themselves some simple questions. How do we choose who to charge first; investigate later; while leaving decisions of guilt, innocence and credibility to judge or jury? What’s the police force’s responsibility to those it takes into its custody against their will?

Are horses more important than people?

Peace and Love!

Gordon Robinson is an attorney-at-law. Email feedback to columns@gleanerjm.com.