Josee Paquette

The appellant, a standardbred owner and trainer, appealed a judges' ruling that imposed a $5,000 fine and a one-year suspension following a positive test for elevated TCO2 in his horse.

The Commission dismissed the appeal on the merits and convened a hearing on penalty.

Noting the appellant's significant history of medication violations, including a third positive test in three years, the Commission varied the penalty, increasing the fine to $7,500 and the suspension to two years.

The appellant horse trainer appealed a ruling that found him in violation of the Rules of Standardbred Racing after his horse tested positive for elevated TCO2 levels.

The appellant argued that the test was invalid because the blood sample was taken 28 minutes prior to the race, outside the 20-minute window prescribed by the rules.

The Commission dismissed the appeal, accepting expert evidence that taking the sample further from race time actually benefited the horseman.

The panel concluded that the elevated TCO2 level could only result from human interference and upheld the violation.