KEY POINTS:
Top jockey Lisa Cropp faces suspension and a large fine after her final legal avenue opposing a drugs charge was today exhausted, when the Supreme Court dismissed her appeal.
Cropp tested positive for methamphetamine in a urine sample taken in a random test at a race meeting in
Hamilton on May 7, 2005. She has been fighting a legal battle ever since.
She had appealed the legality of her failed drug test, and argued it infringed her human rights.
In a decision announced today, the court unanimously dismissed the appeal, and ordered her to pay $15,000 in costs.
It said the drug test was legal under the Racing Act, and did not infringe Cropp's human rights.
Cropp said she had not spoken with her lawyer and was not aware the verdict was due today.
When informed of the court's decision she reacted calmly, saying "oh right, okay".
Cropp was unsure what the next step would be.
A hearing by racing's Judicial Control Authority (JCA) was interrupted in February last year when her lawyers sought a judicial review through the court system to argue that the drug test was unlawful.
The way was now clear for the JCA to conclude and resolve the case, chief racecourse inspector John McKenzie said.
Cropp had exercised her right to exhaust all legal remedies, he said.
"It is pleasing from an administrative point of view in racing that all levels of the courts of New Zealand have upheld the rules of racing, its processes and protocols."
Under those rules Cropp could be suspended for up to 12 months and/or fined up to $10,000, and it had already been indicated that costs would also be sought, he said.
Justice Pamela Andrews dismissed Cropp's case against the judicial committee in the High Court and her decision was upheld by the Court of Appeal on September 27.
Cropp was granted leave to appeal to the Supreme Court and that hearing took place in March.
Her lawyer Alan Ivory argued that random drug tests breached a fundamental right to bodily privacy and integrity.
A lawyer acting for Cropp, Antony Shaw, said he could not yet comment on what the next step might be.
"I'm going to meet Ms Cropp in the next couple of days to consider the implications of the judgement."
- NZPA
