IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED
OWNER/DRIVER/TRAINER JON FARRINGTON
RULING
Standardbred owner/driver/trainer Jon Farrington was suspended for 6 months and fined $1,000 by the Paris Fair Judges on September 27, 2001, for having in his possession, a needle and syringe on September 2, 2001, at the Paris Fair, contrary to Rule 7, Section 43 of the Standardbred Canada Rules of Racing. Mr. Farrington appealed the Judges’ decision to the Standardbred Canada Appeal Board. The Appeal Board heard Mr. Farrington’s appeal on January 15, 2002, and unanimously dismissed the appeal and upheld the Paris Fair Judges’ decision. The Appeal Board ruled that the suspension would commence on January 22 and continue to July 21, 2002 inclusive.
Mr. Farrington requested a hearing before the Ontario Racing Commission pursuant to Rule 3.10 of the Rules of Standardbred Racing with respect to the prohibition from participating in any activity regulated by the Ontario Racing Commission during the term of his suspension by Standardbred Canada. In particular, Mr. Farrington requested a review of the penalty and a reduction in the period of six months that he would be prohibited from participating in any activity regulated by the Commission pursuant to Rule 3.10.
On January 23, 2002, Vice Chair Herbert Bryant, Commissioners Thomas Deacon and Patricia Bullock of the Ontario Racing Commission convened to hear his request. Mr. Farrington appeared on his own behalf and Counsel Don Bourgeois appeared for the Administration. The hearing was adjourned and was scheduled to continue on March 13, 2002.
The hearing continued on March 13, 2002. Mr. Farrington did not attend the hearing on March 13, 2002 but requested that the hearing be adjourned. The request for an adjournment was denied.
Upon hearing the evidence, reading the exhibits filed and hearing submissions, the Ontario Racing Commission dismissed his request. The panel, however, noted that a stay of the suspension had been issued on October 9, 2001, pending the hearing of his appeal by the Standardbred Canada Appeal Board, 11 days after his appeal of the Judges’ ruling. The prohibition from participating in any activity regulated by the Ontario Racing Commission shall operate from January 22 and continue to July 10, 2002 inclusive.
The Commission gave oral reasons for its decision, which form part of the transcript.
DATED at Toronto this 15th day of March 2002.
BY ORDER OF THE COMMISSION
Greg Fernandes
Deputy Director