Justice has always maintained his innocence, and his case was given a significant boost from the crown prosecutor Chris Lange, acting on behalf of Harness Racing New Zealand.
"It is not alleged Lance Justice is complicit in any way, there is no evidence to support that," he told the hearing.
Smoken Up was however, allegedly presented to race with a prohibited substance in his system, forcing a legal question of absolute liability. NZ Racing Laboratory tests of one sample revealed a DMSO reading of 25.8mg per litre of urine, the limit is 15mg. Thomas put forward the possibility of sample contamination and a suggestion of an outside source immediately after the race as likely reasons as to how it got there. DMSO is easily absorbed through the skin and can be applied in liniment form.
A cross-examination of HRNZ chief veterinarian Andrew Grierson, who collected the post-race urine sample, and New Zealand Racing Laboratory analyst Craig Gardner, who tested them, revealed a pre-race blood sample taken from Smoken Up before the race to test for TCO2 (elevated bicarbonate levels), was later destroyed and never tested for DMSO, in accordance with normal procedure.
Squire and Hall became involved in the Gardner cross-examination, which drew the revelation there was potential for contamination due to "instrumental carry-over".
Squire: "Are you suggesting that the trace levels (of DMSO) may have got there as a result of the testing process?"
Gardner: "That's a possibility."
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Yesterday's evidence centred on the discarding of a crucial pre-race blood sample that could have proven Smoken Up was presented to race in the final free of DMSO for which he tested positive from a post-race urine sample.
The defence's star witness, Kentucky-based veterinary science professor Thomas Tobin, testified via video link that urine was a "highly flawed forensic sample" when it came to DMSO in standardbred horses.
"A far superior sample is provided via the blood," Tobin said. Which made the destruction of the pre-race blood sample taken from Smoken Up just over one hour before the final, even more baffling to Mary-Jane Thomas, defense lawyer for the connections of Smoken Up.
Thomas questioned Racing Integrity Unit head Cameron George over the blood sample and the security of horses at Alexandra Park.
"Would it not seem obvious to you that a blood test would be important?" she asked.
George said retrospective samples from Smoken Up were requested on May 13. By then the NZRL had destroyed the blood sample.