Racing: High Court challenge to validity of harness racing rules

The validity of the rules of harness racing will again be challenged in the High Court.

West Melton trainer Nigel McGrath and employee Phil Burrows are seeking a High Court technical judicial review of Harness Racing New Zealand (HRNZ) rules.

HRNZ general manager Edward Rennell said the basis of the review was to establish whether the code's regulation changes need to be gazetted in Parliament.

Racing's rules are required to be recorded in Parliament under the Racing Act, but there is no record of regulation changes.

From August 1 last year the Racing Act gave the codes the right to set the rules.

"Our legal advisers don't believe we have a problem, but you never know," Rennell said.

However, the delay was frustrating.

"We are now unlikely to have the Mark Purdon hearing until after the High Court review takes place."

Purdon, one of New Zealand's leading trainers, is facing charges of alleged administration of a banned substance to Light And Sound at Addington on March 26 and April 10.

HRNZ's prohibited substance regulations came into effect on February 1.

They were published in HRNZ's magazine, the Harness Racing Weekly.

McGrath was found guilty of horse-doping offences in September and was disqualified from the sport for three years by racing's judicial control authority.

Burrows was disqualified for six months after being found guilty of administration.

McGrath's disqualification came after he was found guilty of racing horses with traces of propantheline bromide in their systems.

The McGrath positives resulted from propantheline bromide tablets, crushed into an ulcer-treatment mix.

HRNZ views propantheline bromide as a prohibited substance, falling under the category of broncho-dilator.

It is also an ingredient in racing's "blue magic" drug.

McGrath has continued to train under a judicial control authority stay of proceedings until his appeal is heard.

A High Court date is unlikely to be set for several months, meaning McGrath can continue training until after his adjourned racing appeal is heard. McGrath and Burrows were to have had their appeals heard before racing's judicial appeals tribunal next Monday.

An application to adjourn the racing appeal was made on behalf of McGrath and Burrow on Thursday.

After it was opposed by HRNZ, the Appeals Tribunal was advised that an application was to be filed in the High Court.

The Appeals Tribunal then granted the application for adjournment.

Owners and supporters of the McGrath stable have contributed to a fund to help with his appeal costs.

One of his owners is Kypros Kotzikas, who took HRNZ to the High Court two years ago. Kotzikas successfully appealed against the legality of HRNZ implementing a $30 accreditation fee to all breeders and owners.

HRNZ, which reportedly had spent $60,000 opposing Kotzikas in the High Court, subsequently went to the Court of Appeal in April.

The Court of Appeal has yet to give its ruling.

Kotzikas and wife Mary race the McGrath-trained Love That Lavros, which won the final race at Addington on Wednesday night.

- NZPA