30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144

(b) the Judicial Committee may, in its discretion, admit any evidence it deems relevant whether admissible in a Court of Law or not;

(c) the hearing may be recorded and evidence given may at the direction of the Judicial Committee be committed to writing;

(d) if a defendant admits a breach of these Rules, the Judicial Committee shall find the breach proved; and

(e) evidence of a fact or opinion which may be given orally may also be given by way of an affidavit.

(2) A hearing may be adjourned to such time and place, and upon such conditions, as the Judicial Committee thinks fit provided that if the hearing commences during any day of a Race Meeting and the Judicial Committee’s determination may affect the declaration of the Official Result of Placings on that day the hearing shall be concluded on that day and shall not be adjourned to any later date, except where the proceeding involved consideration of a breach of Rules 801 (1)(c), (d), (n), (q), (s) or 804 (1) and (2) in which case the Judicial Committee shall order the Stipendiary Steward, as it considers appropriate, to counter-sign the Judge’s Report and declare the Official Result of Placings, and that shall be deemed to be the Official Result of Placings for the purpose of Rule 703. A decision of the Judicial Committee pursuant to this sub-Rule is final.

(3) In any case where an information alleging a breach of these Rules has been filed and the defendant has appeared to answer the information the informant may, at any time before the Judicial Committee has given its decision in respect of the information, request the Judicial Committee to permit him to amend the information in a respect or respects to be stipulated by him and the Judicial Committee may permit the information to be amended accordingly.

(4) In any case where an information has been filed alleging that a person or horse has committed a breach of these Rules the Judicial Committee may, at any time before it gives its decision in respect of the information, amend the information in such respect or respects as it thinks fit.

(5) Without limiting the generality of the powers conferred by sub-Rules (3) and (4) of this Rule an information may be amended by substituting one alleged breach of these Rules for another.

(6) If an information is amended under sub-Rule (3) or sub-Rule (4) of this Rule by substituting one alleged breach of these Rules for another:

(a) the person against whom an information has been filed shall be asked whether he admits the information as amended;

(b) the hearing shall thereafter proceed as if the information had been filed as amended; and

(c) the Judicial Committee shall have the power to accept the evidence already given as applying to the amended information but the person charged may request the Judicial Committee to recall any witness who has already given evidence to enable that witness to be cross-examined, or further examined or cross-examined, in view of the amended information.

(7) Subject to sub-Rule (2) of this Rule the Judicial Committee may, if it considers that the defendant would be disadvantaged in his defence by reason of any amendment made under this Rule, adjourn the hearing of the information.

(8)

(a) The Judicial Committee, of its own motion or on the application of a party to any proceedings before it, shall have the power to require (by way of summons signed by the Chairperson or another member of the Judicial Committee) any person to appear before it, to answer any question put to that person and to produce to it any papers, documents, records or things referred to in such summons.

(b) A person who after being summonsed to attend to give evidence before a Judicial Committee or to produce to the Judicial Committee any papers, documents, records or things:

(i) shall attend in accordance with the summons;

(ii) shall not refuse to be sworn or to give evidence or refuse to answer any questions that the person is lawfully required by the Judicial Committee or any member of it to answer concerning the proceeding; and

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