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

AND IN THE MATTER OF THE APPEAL OF

STANDARDBRED OWNER/DRIVER/TRAINER GRAHAM KIRBY

RULING

Standardbred owner, driver and trainer Graham Kirby appealed Judges’ Ruling Number SB 24636 issued against him on June 29, 2001, wherein he was fully suspended for 60 days and fined the sum of $1,500 for violation of Rule 22.38 of the Rules of Standardbred Racing, as a result of a high TCO₂ level in the horse CHEEKY DEVIL which raced in the 6^th race at Sudbury Downs Raceway on June 23, 2001.

On October 3, 2001, Vice-Chair Herbert Bryant, Commissioner Patricia Bullock and Commissioner Ernest Nock of the Ontario Racing Commission convened to hear the appeal.

Graham Kirby appeared on his own behalf and Counsel Don Bourgeois appeared for the Administration.

Upon hearing the testimony of Lisa Allen, Judge Todd Guthrie and Dr. Lia Munro, upon reading the exhibits filed, upon hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal and ratified the penalty. The dates for the suspension are to be fixed by the Administration.

The Commission gave oral reasons for its decision which are part of the transcript.

DATED at Toronto this 4^th day of October, 2001.

BY ORDER OF THE COMMISSION_________________________

Jean Major

Executive Director