Lance Justice, the trainer of Smoken Up, has been fined $3500 and ordered to pay $32,529 costs in regard to the horse testing positive to a prohibited substance in the $800,000 Interdominion Final at Alexandra Park in April.
The penalty was handed down yesterday by the Judicial Control Authority. The disqualification of Smoken Up from first was confirmed. The major placings now read: Themightyquinn 1; Blacks A Fake 2; and Smiling Shard 3.
The owners of Smoken Up forfeited a $400,000 winning stake.
The JCA representatives who heard the charge, Bruce Squire QC and professor of law Geoff Hall, announced on October 31 that the charge against Justice of presenting the horse to race with a prohibited substance had been proved.
Smoken Up tested positive to dimethyl sulphoxide, an anti-inflammatory compound, in a urine sample. The level was 25.8mg/l compared with an allowable level of 15mg/l.
The JCA representative reiterated in the finding on penalties released yesterday that there was no evidence to show Justice was responsible for the elevated level.
"Proof of the charge did not require the informant [Harness Racing New Zealand] to establish how and in what circumstances the horse's DMSO level came to be elevated beyond the specified limit and the evidence did not do so.
"We proceeded with the assessment of penalty on the basis that the matter remains an unresolved issue and no culpability attaches to Mr Justice personally for the horse's elevated DMSO level," stated the finding.
The costs were apportioned $16,425 to the Racing Integrity Unit and $16,104 to the JCA.
The connections of Smoken Up have indicated they will appeal the decision.
• Jockey Jason Waddell has been ordered to pay $1240 costs after withdrawing an appeal against a suspension for careless riding.
He also forfeited a $250 filing fee.
Waddell is now under suspension until midnight on Wednesday. He appealed a five-day suspension, from December 2 to 8 inclusive, imposed at the Levin meeting on November 25. He was granted a stay of proceedings when he lodged an appeal to the Judicial Control Authority three days later. He advised the appeals tribunal on the day set down for the hearing, December 6, that he did not wish to proceed with the appeal for personal reasons that had arisen in the previous two hours.
He was granted leave to withdraw the appeal. The tribunal, Richard Seabrook and Murray McKechnie, did not question his personal reasons.
The tribunal decided the suspension should be served from last Wednesday. He was ordered to pay $390 costs to the Racing Integrity Unit and $850 to the JCA. The costs covered the setting up of filming equipment and the fees payable to the tribunal.
• Additional information for the meetings today:
Waikato RC
Rider
Race 7: Seton Street - O Bosson.
Scratching
Race 5: Sequin.
Race 7: Riva Ballerina, Leanna Me, Latin
Storm, Into The Storm.
Race 8: Pin Etoile.
Race 9: Cissy Bowen, Toposhforu.
Race 10: Eveready To Dance.
Weather, overcast; track, dead (5); rail, true.
Manawatu RC
Riders
Race 4: Argenteuil - J Riddell.
Race 6: Sitara - K Myers.
Scratchings
Race 5: Designacat.
Race 6: Precision King.
Race 7: Peace Lilly.
Race 8: Exquisite Choice.
Weather, cloudy; track, dead (5); rail, true.
Wairio TC
Scratching
Race 10: Sonjador.
