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Smoken Up Judgement
Harness & Greyhounds
kibble
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The following extract is from the Harness Racing NZ website.
Smoken Up judgement
- Result excerpt from written JCA decision
We (the JCA) are satisfied the charge brought against Mr Justice under Rule 1004 (2) has been proved and Smoken Up was connected with a breach of Rule 1004 (1) and (2) when it ran and won the Pacers Grand Final at the Inter Dominion Championship on 8 April 2011, for the purposes of Rule 1004 (8)
We (the JCA) think it appropriate to make it clear the finding the charge brought against Mr Justice as been proved does not carry with it any finding he personally was responsible for Smoken Up's elevated DMSO level when it was presented to race in the Pacers Grand Final on the evening of 8 April 2011. In opening the Informant's case on 23 August 2011 Mr Lange (prosecutor) expressly conceded there was no evidence Mr Justice was "complicit", as he put it, in the sense he personally, or any person with his knowledge , was responsible for the horse's elevated DMSO level and there has been no evidence put before us which suggests otherwise.
We now require submissions from Counsel as to penalty and costs which will include the costs of the Judiciary Control Authority which Mr Lange will have responsibility for. To that end the following timetable is to apply.
(i) Mr Lange is to file and serve on Ms Thomas (defence lawyer) his submissions on penalty and costs within one week of the date of this Decision;
(II) Ms Thomas will have a further week from the date of receipt of Mr Lange's submissions to file her submissions in reply;
(III) Leave is reserved to apply if for any valid reason there is difficulty with that timetable.
DATED at Wellington this 31st day of October 2011
Bruce Squire QC (Chairman) and Professor Geoffrey Hall.
Smoken Up judgement
- Result excerpt from written JCA decision
We (the JCA) are satisfied the charge brought against Mr Justice under Rule 1004 (2) has been proved and Smoken Up was connected with a breach of Rule 1004 (1) and (2) when it ran and won the Pacers Grand Final at the Inter Dominion Championship on 8 April 2011, for the purposes of Rule 1004 (8)
We (the JCA) think it appropriate to make it clear the finding the charge brought against Mr Justice as been proved does not carry with it any finding he personally was responsible for Smoken Up's elevated DMSO level when it was presented to race in the Pacers Grand Final on the evening of 8 April 2011. In opening the Informant's case on 23 August 2011 Mr Lange (prosecutor) expressly conceded there was no evidence Mr Justice was "complicit", as he put it, in the sense he personally, or any person with his knowledge , was responsible for the horse's elevated DMSO level and there has been no evidence put before us which suggests otherwise.
We now require submissions from Counsel as to penalty and costs which will include the costs of the Judiciary Control Authority which Mr Lange will have responsibility for. To that end the following timetable is to apply.
(i) Mr Lange is to file and serve on Ms Thomas (defence lawyer) his submissions on penalty and costs within one week of the date of this Decision;
(II) Ms Thomas will have a further week from the date of receipt of Mr Lange's submissions to file her submissions in reply;
(III) Leave is reserved to apply if for any valid reason there is difficulty with that timetable.
DATED at Wellington this 31st day of October 2011
Bruce Squire QC (Chairman) and Professor Geoffrey Hall.
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