IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE RUSSELL LOWERY
Standardbred Licensee Russell Lowery was required to appear before the Ontario Racing Commission pursuant to Rule 6.38(e)(iii) of the Rules of Standardbred Racing.
On September 13, 2001, Vice-Chair Herbert Bryant, Commissioner Thomas Deacon and Commissioner Ernest Nock of the Ontario Racing Commission convened to hear the appeal.
Mr. Lowery appeared on his own behalf and Counsel Don Bourgeois appeared for the Administration.
Upon hearing from the Administration and from Mr. Lowery, upon reading the exhibits filed, upon hearing submissions on behalf of the parties, the Ontario Racing Commission reinstates Mr. Lowery’s licence subject to the following terms:
a) Mr. Lowery shall successfully complete the substance abuse program at Four Counties Addiction Services Team Inc. as set out in Exhibit #2,
b) Mr. Lowery shall (i) submit at his own expense a urine sample for testing by Maxxam Analytics Inc. or such other testing laboratory acceptable to the Director of Racing on a weekly basis for the duration of the substance abuse program in accordance with the information provided at the hearing and (ii) cause the results of such testing to be forwarded immediately and directly by Maxxam Analytics Inc. to the Director of Racing,
c) Mr. Lowery shall attend and provide a urine sample whenever random testing is being carried out under Rule 6.38 at a track at which he is present or programmed to be present, and
d) the results of the tests referred to in (b) and (c) shall not be positive.
The Commission gave oral reasons for its decision which are part of the transcript.
DATED at Toronto this 17th day of September, 2001.
BY ORDER OF THE COMMISSION _________________________
Jean Major
Executive Director