David Milburn

The appellant, a horse trainer, appealed a ruling by the Ontario Racing Commission Stewards suspending him for 6 months and fining him $5,000 after his horse tested positive for Acepromazine following a race.

The appellant argued a due diligence defence and relied on a split sample retest showing low concentration levels.

The Panel denied the appeal, finding that the appellant failed to follow the CPMA guidelines regarding dosage and frequency, ignored warnings about the drug lingering in the horse's system, and used unlicensed compounded medications.

The Panel upheld the penalty as the minimum under the guidelines for a second offence.

The appellant, a thoroughbred licensee, was suspended and fined by the Stewards for a positive drug test.

He appealed and requested a stay, which was denied.

He then appealed the denial of the stay but subsequently sought to withdraw that appeal.

The Ontario Racing Commission allowed the withdrawal of the appeal and ordered the appellant to pay $400 in costs to the Administration.