RULING TB-COM 7/2001

COMMISSION HEARING TORONTO, ONTARIO-JUNE 27, 2001

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000. C. 20

AND IN THE MATTER OF THE APPEAL OF

THOROUGHBRED TRAINER WILLIAM SMITH

RULING

Thoroughbred trainer William Smith appealed TB Ruling 2000-392 wherein he was fully suspended for forty five days (April 28 through June 11, 2001, inclusive) and fined the sum of $1,000 for violation of Rules 15.06.1(a) and (b) of the Rules of Thoroughbred Racing as a result of the METHOCARBAMOL taken from the horse “SWIFT INTENTION” which raced in the 3rd race at Fort Erie Racetrack on October 21, 2001.

Vice Chair Herbert Bryant convened to consider the appeal, along with Commissioners Diane Carlton and Thomas Deacon.

Dr. Richard Gryff-Chamski appeared for William Smith and Counsel Joanne Mitchell appeared for the Administration.

On hearing the evidence of William Smith, ORC Investigator Troy Moffatt and Steward Nelson Ham, the ORC panel dismissed the appeal, but varied the penalty to a suspension of 20 days and a fine of $1,000.

The Reasons for Decision form part of the transcript.

Dated this 29th day of June, 2001.

BY ORDER OF THE COMMISSION_________________________

Jean Major-Executive Director