Concurrent OR Cumulative

[teecee]

Below is a partial transcript of a hearing of a breach of the prohibited substance rules.
The defendant pleads GUILTY
From what I have read here and in other related threads the defendant is a CHEAT.
Facts are facts we are told.
But are they? Can it be that not all people convicted under the drugs rules are in fact CHEATS?
IMO, some definitely are, some possibly are, some probably not, others definitely not.
IMO the rules are not catching the definitely ares. You and the general public are only hearing of the others.

Rules:

4004(1), (2) and (4)


Information Number:

63982 Informant

Mr NNNN - Racecourse Inspector


Repondent(s)/Other parties:

Mr AAAA


Decision:

BEFORE THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Harness Racing
BETWEEN HARNESS RACING NEW ZEALAND
Informant
AND MR HHHH, Public Trainer
Defendant

Information: No. 63982
Judicial Committee: Prof (Chairman), (Member)
Appearing: Mr NNNN, Racecourse Inspector (for the informant)
Defendant: in person
Venue: RRRR Racecourse
Date of Hearing:
Date of Decision:
__________________________________________________ ___________________
DECISION OF JUDICIAL COMMITTEE
__________________________________________________ ___________________
[1] Mr HHHH appears before this Judicial Committee on a charge of presenting a horse to race with a prohibited substance in its system in breach of Rule 1004(1), (2) and (4).
[2] These Rules, which are preceded by the heading “Prohibited Substance Rules”, read relevantly:
(1) A horse shall be presented for a race free of prohibited substances.
(2) Where a horse is taken, or is to be taken, to a racecourse for the purpose of engaging in a race otherwise than in accordance with sub-rule (1) the trainer of the horse commits a breach of these Rules.
(4) A breach of these rules under sub-rule (2) … is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.
[3] The penalties for a breach of these rules are set out in Rule 1004 which provides in subss (7) and (8):
(7) Every person who commits a breach of sub-rule (2) … shall be liable to:
(a) a fine not exceeding $10,000 and /or
(b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years.
(8) Any horse connected with a breach of sub-rule (1) [or] (2) shall be disqualified from any race entered and/or liable to a period of disqualification not exceeding five years.
Mr HHHH has admitted the breach. We thus find the charge proved.
Penalty:



Decision as to penalty
[25] We fine Mr HHHH the sum of $450.
[26] In addition, we order pursuant to Rule 1004(8) that F***** L***** be disqualified from Race 10 at the T****** Harness Racing Club’s meeting on.
We further order that the placings be amended and that the stakes money be paid out accordingly.
[27] The matter has been heard on a raceday. There is no order for costs.


Okay Mr HHHH has admitted breaching the drugs rules. To many here is just another drugs cheat. He should be banned for life. He is the reason Harness racing is on its last legs.
OR IS there another reason.


Having read this post I have left a link to the full hearing and the full circumstances of his case.
You decide if he and EVERY Other person charged under the prohibited substance laws in either NZ or Australia is really infact a CHEAT.