KEY POINTS:
Top jockey Lisa Cropp has lost her High Court challenge to the right of a racing judicial committee to determine her drugs case.
But her lawyer, Barry Hart, said it was "almost inevitable" she would appeal.
Auckland High Court judge David Baragwanath rejected Cropp's judicial review application, which
claimed unfairness in the process of forming the judicial committee hearing her case.
The matter arises from her positive urine test for methamphetamine 18 months ago. Cropp faces a charge of riding with methamphetamine in her urine or, alternatively, that her sample contained methamphetamine, charges which could result in a ban if proved.
Since being charged, she has won two premierships and has broken the record for the number of wins in a season.
Because the case was unresolved, racing authorities decided not to name a jockey of the year in the past two industry awards.
The drug hearing was put on hold in August last year when Cropp indicated she would seek a decision from the High Court at Auckland.
Oral evidence was heard a year later and Justice Baragwanath released his written judgment this week.
Mr Hart had not had the chance to discuss the judgment with Cropp when he spoke to the Weekend Herald yesterday.
"We will be making a decision shortly but I would say it's almost certain we will be going to the Court of Appeal," he said.
Judicial Control Authority chairman John Grant said the hearing into the drug test was adjourned while the issues raised by Cropp were considered and it would resume when those matters were finally determined.
Cropp challenged the appointment of Philip Welch to the two-member judicial committee hearing her case.
Her lawyers claimed that fairness had been breached because Colin Jenkins, one of the members of the authority that appointed Mr Welch, was also a member of the prosecuting body, New Zealand Thoroughbred Racing.
Mr Jenkins' appointment to that body had been announced but he had not taken up the position at the time Mr Welch was appointed to the Cropp hearing committee.
Cropp's lawyers said it was nonetheless a breach of the rules and raised the possibility of bias.
In rejecting the jockey's application, Justice Baragwanath said the case turned on the question of whether Mr Welch rather than Mr Jenkins might be seen to be biased.
The judge noted that Mr Welch had been nominated by the chairman of the racing authority and all members had voted in favour of appointing him.
"Had Mr Jenkins disqualified himself from voting, there could have been no difference in result."
Justice Baragwanath said Mr Welch was innocent of any personal error and it was unreasonable to consider his impartiality had been affected. He also rejected Cropp's challenges to some of the control authority's other processes.
Speedy ways
* Methamphetamine boosts stamina and aggression and depresses appetite.
* It is banned in sports by the World Anti-Doping Authority.
* In racing, the use of the drug is seen as more of a safety issue than a performance enhancer.
