Quote Originally Posted by teecee View Post
Let's clear up the confusion for you...
The article you refer to was written by a journalist who IMO struggles for factual content when looking for a scoop.
When reading articles which are at odds with the official published version make sure you have a large bag of salt handy.
Articles from STUFF treat similarly.
If you really want the true story of any story they are usually published somewhere. In this case www.jca.org.nz and www.hrnz.co.nz
To help ease your confusion below is what was said Oct 31 2011 by the hearing panel.....


7. Result:

7.1 For those reasons we are satisfied the charge brought against Mr Justice under R.1004 (2) has been proved and "Smoken Up" was connected with a breach of R.1004 (1) and (2) when it ran in and won the Pacers Grand Final at the Inter Dominion Championships on 8 April 2011, for the purposes of R.1004 (8).

7.2 We think it appropriate to make it clear the finding the charge brought against Mr Justice has 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 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.

7.3 We now require submissions from Counsel as to penalty and costs which will include the costs of the Judicial 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 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)

_________________________
Professor Geoffrey Hall

I cant see anything there about Smoken Up being disqualified.
Can you.
I do wear specs so I may have missed it but having read it so many times I doubt it.

ou will find the determinant statement re Smoken Up's position in the race on the front page link at www.hrnz.co.nz
That statement was released 16 December 2011.
He may not have been officially disqualified but everybody knew the race was being taken off him as a result.