Lisa Cropp pictured last year. Photo / Wairarapa Times Age
The latest chapter in the long-running legal saga surrounding top New Zealand jockey Lisa Cropp's failed drug-test, was heard in the High Court in Auckland today.
Cropp has sought a judicial review of a ruling which dismissed her argument that she had no case to answer over the
failed test. She argued the test was unlawful.
Cropp's lawyers applied for a judicial review of the drug testing procedures of New Zealand Thoroughbred Racing (NZTR) after a judicial committee last month ruled she had a case to answer and that NZTR's drug testing procedures were valid.
After two days of legal arguments, Justice Pamela Andrews retired today to consider whether the drug testing procedures NZTR used were lawful. Cropp did not attend the hearing.
A decision is expected before April 10 when the racing tribunal considering the charges against Cropp is expected to reconvene.
It is almost two years since a routine drugs test sample was taken from Cropp at a Waikato race meeting at Te Rapa, Hamilton, on May 7, 2005. The sample tested positive to the drug, methamphetamine.
Lawyers yesterday and today argued whether or not licensed professional jockeys can be required to provide body samples for routine drug testing in the absence of a legislative framework.
After Cropp provided the urine sample she was charged before a judicial committee created under the Racing Act, for a breach of racing rules.
During that hearing lawyers for Cropp told the court the law does not allow the routine drug testing of jockeys' body samples.
Cropp's lawyer Ailsa Duffy QC said the rules of racing, which oversaw taking body samples from jockeys and stablehands, were invalid as they had not been authorised by the Racing Act 2003.
Cropp has continued to ride since the positive test was confirmed and has been New Zealand's leading rider for the last two seasons.
She topped the jockeys' premiership for the 2005-06 season with 146 wins.
The previous season she became the first woman to win the New Zealand jockeys' premiership when she rode 197 winners. Her 197 tally was also a record for wins in a season.
- NZPA
