IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER OF THOROUGHBRED TRAINER PHILIP GRACEY
Thoroughbred trainer Philip Gracey appealed Stewards’ Ruling Number 2002-134 issued on June 2, 2002 wherein Mr. Gracey was suspended for nine months and fined $5,000 for violation of Rules 15.06.1(a) and (b) of the Rules of Thoroughbred Racing as a result of a positive test for the prohibited substances Oxazepam, Temazepam and Nordiazepam taken from the horse SUSAN GRACEY which finished 2nd in the second race on April 7, 2002, at Woodbine Racetrack.
On July 3, 24 and 26, Chair Stanley Sadinsky, Q.C. and Commissioners Thomas Deacon and Bernard Brennan, DVM of the Ontario Racing Commission convened to hear the appeal.
Counsel Harvey Swartz appeared on behalf of Philip Gracey and Counsel Don Bourgeois appeared for the Administration.
Upon hearing the testimony of Steward Nelson Ham, Soo-Beng Tan, Sue Emerson, Dr. R. McMartin, Dr. D. Bonder, Dr. M. Weber, Susan Shatzel, Serge Greco and Philip Gracey, upon reading the exhibits filed and upon hearing submissions on behalf of the parties, the Ontario Racing Commission granted the appeal of Mr. Gracey. Pursuant to Rule 15.04.3, the horse SUSAN GRACEY is declared unplaced for every purpose except pari-mutual wagering as it was found to have been administered a prohibited medication resulting in a positive test.
The Ontario Racing Commission further ordered Mr. Gracey to pay a penalty of $1,000 pursuant to subsection 11(8) of the Racing Commission Act, 2000 and its regulation for raising issues on the appeal that were frivolous with respect to the Certificate of Positive Analysis issued by the Official Chemist.
The Commission gave oral reasons for its decision which are part of the transcript.
DATED at Toronto this 29th day of July, 2002.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director