IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF THOROUGHBRED
OWNER/TRAINER TINO ATTARD
Thoroughbred Owner/Trainer Tino Attard appealed Stewards’ Ruling 2001-74 wherein he was suspended for 30 calendar days and fined $1,000 for violation of Thoroughbred Rules 15.06.1(a) and (b) as a result of a positive test for the prohibited Class 5 drug CROMOGLYCATE taken from the horse FOXY RED which raced in the 8th race at Woodbine Racetrack on October 4, 2000.
On August 30, 2001, Vice-Chair Herb Bryant, Commissioner Thomas Deacon and Commissioner Ernest Nock of the Ontario Racing Commission convened to hear the appeal.
Dan McMahon, counsel, appeared on behalf of Tino Attard and Don Bourgeois, counsel, appeared for the Administration.
Upon hearing the testimony of Steward Nelson Ham, upon reading the exhibits filed and upon hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal of Tino Attard and confirmed the suspension of Tino Attard’s licence as an owner/trainer for 30 calendar days and a fine of $1,000.
The Commission gave oral reasons for its decision which are part of the transcript.
On agreement, the penalty of 30 calendar days shall begin on October 1, 2001 and the fine shall be paid on or before October 31, 2001.
DATED at Toronto this 11th day of September, 2001.
BY ORDER OF THE COMMISSION__________________________
Jean Major
Executive Director