KEY POINTS:
Jockey Lisa Cropp set out to contaminate a sample of her urine because she knew it would test positive for methamphetamine, a racing disciplinary tribunal has been told.
Crown prosecutor Simon Moore put the accusation to Cropp, who denied it, during an often tense cross-examination before racing's Judicial Control Authority at Auckland's Ellerslie racecourse today.
The hearing, set down for two days, is being held into Cropp's positive test to the drug methamphetamine at Te Rapa racecourse, Hamilton, on May 7 2005.
Cropp has unsuccessfully challenged the legality of the test through the courts in the past three years.
Cropp's lawyer Antony Shaw today said the drug testing regime under which she tested positive breached ESR standards.
The testing regime employed on the day was unfair, unreasonable and in disarray.
Under cross-examination Cropp said she was not aware of the drug testing regime, despite being tested the year before, and despite her jockey's license stating riders should be familiar with it.
Mr Moore challenged Cropp on what she knew about the drug testing regime prior to her positive test, asking her how a professional jockey would not think it was sensible to be familiar with the procedures.
Cropp said the first time she was aware of the drug testing regime was in September 2004.
Cropp maintained she never read the small print of her licence, she was not a lawyer and was not concerned about documents.
On the morning of May 7 2005 Cropp arrived at Te Rapa and after weighing in went to the jockeys room where she had been for only a few minutes when racecourse inspector Bryan McKenzie called out her name, she said.
Cropp said she wanted to stay in the jockeys room and not go for a sample because was she was menstruating and was urgently looking for a tampon.
She told Mr McKenzie she had to take care of a personal problem.
"He said we're doing drug testing today, you're it, you can come to the bathroom and do it there."
Mr Moore accused Cropp of making the explanation up, saying Mr McKenzie had no recollection of her saying anything about personal issues.
Mr Moore repeatedly asked Cropp of her knowledge of the drug testing regime which she consistently denied being familiar with.
"Deliberately shutting your eyes to random drug tests was a deliberate ploy on your part," Mr Moore said.
Cropp, who appeared distracted throughout the hearing, often not finishing her sentences, replied "I beg your pardon?"
Mr Moore asked Cropp to outline what her complaint with the drug testing procedure was.
"What was found in my urine should not have been there," she replied.
"I think we all agree on that Miss Cropp," Mr Moore said.
Cropp said the drug testing area was a filthy place for a urine test which had led to a "totally abnormal" positive drug result.
Cropp said she had a bandage on a finger, which was lacerated, and had used that finger to remove a hair she saw in the urine pottle.
The nurse who oversaw the test told the tribunal she did not see Cropp put her finger in the pottle, or see any hair.
Cropp said the hair could have come from her riding uniform but she had "no idea" how a hair ended up in the pottle.
"You deliberately contaminated it because you knew what was in the sample pottle," Mr Moore said.
"That's absolutely wrong," Cropp relied.
Cropp was unable to give a sample when first asked for it due to lack of urine but denied the nurse gave her an opportunity to take another test later, as was protocol.
While admitting to taking diet pills to help control her weight Cropp denied taking methamphetamine but admitting to having weight concerns in the build up to the race.
Tomorrow the tribunal will visit Te Rapa racecourse to inspect the area where Cropp was drug tested.
Under the rules of racing, Cropp could be suspended for up to 12 months and/or fined up to $10,000 if found guilty.
- NZPA
