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

AND IN THE MATTER OF STANDARDBRED TRAINER

EVZEN PINDUR

Standardbred Trainer Evzen Pindur appealed Judges’ Ruling Number SB 23729 issued on December 14, 2000, wherein he was fined $1,500 and fully suspended for 75 days for violation of Rule 22.38 of the Rules of Standardbred Racing, as a result of a high TCO2 level in the horse, REBEL WINNER, in the 2nd race at Western Fair Raceway on November 25, 2000. The horse REBEL WINNDER finished first and was disqualified.

On July 25, 2001, Vice Chair Herbert Bryant, Commissioner Bruce Duncan, DVM and Commissioner Patricia Bullock of the Ontario Racing Commission convened to hear the appeal.

Don Bourgeois, Counsel appeared on behalf of the Administration and spoke to a joint submission on penalty of Mr. Pindur and the Administration.

Upon hearing the joint submission, the appeal is dismissed but on the basis of the joint submission the penalty imposed is varied to a full suspension of 60 days and a fine of $1,500 to be served on dates to be negotiated between Mr. Pindur and the Administration. The transfer of the horses to another trainer is to be approved by the Judges.

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

DATED this 25th day of July, 2001.

BY ORDER OF THE COMMISSION

Jean Major Executive Director