IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED LICENSEE ALLAN CULLEN
The licences of Allan Cullen (H40256) as an owner, driver and trainer were suspended until he provided a negative urine sample and pending his appearance before the Ontario Racing Commission pursuant to Rule 6.38(e)(ii) of the Rules of Standardbred Racing.
On January 21, 2003, Chair Stanley Sadinsky, Q.C. and Commissioners Patricia Bullock and Thomas Deacon convened to hear Mr. Cullen’s request for reinstatement of his licences.
Kenneth Marley appeared on behalf of Mr. Cullen and Don Bourgeois appeared on behalf of the Administration.
On hearing the testimony of Mr. Cullen and Pauline Stanzuk, on reading the exhibits filed and on hearing the submissions on behalf of Mr. Cullen and the Administration, the Ontario Racing Commission decided as follows:
Mr. Cullen’s licences as an owner, driver and trainer will remain suspended until May 31, 2003.
As a condition of reinstatement of Mr. Cullen’s licences on that date, Mr. Cullen shall:
a) enrol in an out-patient support program at Brentwood Recovery Home (or at some other facility acceptable to the Administration) for a minimum of three months so that the program can be completed prior to May 31, 2003; and
b) provide evidence to the Administration that he has commenced the program and evidence of satisfactory completion of the program.
Mr. Cullen shall, upon reinstatement of his licences, present himself to the ORC Drug Testing Unit whenever the Unit is at a track where he is competing.
Mr. Cullen’s probation shall be extended to May 31, 2004.
The Commission gave written reasons for its decision which are attached.
BY ORDER OF THE COMMISSION (original signed by) Jean Major
Jean Major
Executive Director
REASONS FOR RULING
Standardbred Owner, Trainer, Driver, Allan Cullen (Cullen) was fully suspended for having tested positive for a metabolite of cocaine on December 17, 2002, at Western Fair Raceway. He has now asked the Ontario Racing Commission (ORC) to re-instate his licences as a result of providing a negative sample on December 23, 2002.
At his hearing, Ken Marley appeared for Cullen and Don Bourgeois appeared for the Administration of the ORC. The factual basis of the Administration’s case was submitted in the form of documents (Exhibit l) and no witnesses were called. Mr. Marley called his client and Pauline Stanzuk (Stanzuk) to give evidence.
Cullen has a history of human drug violations. In March 1998, he tested positive for a metabolite of cocaine. In April 1998, he was convicted of an offence for seeking to substitute someone else’s urine sample for one of his own. In July 1999, he again was tested positive for a metabolite of cocaine.
As a result of the positive test in July 1999, a Panel of this Commission in September 2000 reinstated Cullen’s licences on a three-month trial basis on a number of conditions. These conditions included requirements that he continue to attend an inpatient recovery program at the Brentwood Recovery Home in Windsor and that he present himself for routine testing whenever the ORC Drug Testing Unit was at a track at which he was racing. Cullen was also put on probation until September 9, 2003.
Cullen’s present difficulties arise out of a positive test for a metabolite of cocaine on a sample taken on December 16, 2002. While Cullen does not dispute the accuracy of the test result, he denies intentionally ingesting cocaine on that occasion. On December 15th, Cullen raced at Windsor Raceway and was tested for prohibited substances. The test result was negative. Following the races at Windsor that night, Cullen attended a post Provincial Cup Race party at a local bar. He was there for approximately four hours and admitted having approximately 15 drinks, several of which were shots of a potent liquor, Jaggermeister. He testified that he has no idea how cocaine got into his system and suggests that someone may have spiked one of his drinks. Stanzuk, Cullen’s live-in girl friend, testified that she was with him at the party and that she was near him all night except when Cullen went to the washroom. She saw no indication that Cullen used cocaine.
Stanzuk was a very impressive witness. She had lived with Cullen prior to his stay at Brentwood. She required him to leave her home, as she would not tolerate his use of drugs. Subsequent to his stay at Brentwood, Cullen and Stanzuk have continued co-habitation.
The Administration argued that Cullen either deliberately ingested cocaine on December 15th or he might have been too intoxicated to have remembered what had actually happened. In any event, the positive test result occurred during the time that Cullen remained on probation. The Administration has asked us to maintain the current suspensions of Cullen’s licences until at least the term of probation expires, viz. September 9, 2003. Mr. Marley submitted that if we accept Cullen’s evidence that he did not knowingly ingest cocaine on December 15th, we should re-instate his licences forthwith. In the alternative, he argued that even if Cullen did ingest cocaine deliberately, this constitutes a ‘slip’ in an otherwise successful recovery from his earlier dependency.
Following his successful completion of the Brentwood program in December 2000, Cullen did not pursue an active and organized support program. Rather, he chose to chat with friends at the racetrack who were also recovering addicts. From time to time, he did meet with one of his former counsellors from Brentwood but that was at the track on social occasions.
We do not accept Cullen’s theory as to how he ended up ingesting the drug. Rather, we have concluded on all of the evidence that the drug was ingested during a heavy session of drinking when Cullen’s overall judgment was likely considerably impaired. Accordingly, we have concluded that the occasion in question was a ‘slip’ but a significant one. At Brentwood, Cullen was being treated for dependence on both drugs and alcohol and the drinking spree on December 15th was an indication that Cullen is susceptible to returning to his old habits.
On the other hand, we were very impressed with the progress that Cullen has made in the two years and three months since last appearing before the Commission. At that time, he was clearly a heavy user of cocaine. Brentwood, the excellent influence of Stanzuk and Cullen’s own determination, have turned his former lifestyle around for the better. He deserves much credit and recognition for that. However, he appears to remain vulnerable.
As a result, we have concluded that Cullen’s licences should remain suspended until May 31, 2003. As a condition of re-instatement on that date, we require Cullen to enrol in an outpatient support program at Brentwood (or at some other facility acceptable to the Administration) for a minimum of three months so that the program can be completed prior to May 31st. He must provide evidence to the Administration that he has commenced the program and evidence of satisfactory completion at its end. If he does so and his licences are re-instated, as a condition of licensing, he is to present himself to the ORC Drug Testing Unit whenever the Unit is at a track where Cullen is competing. In addition, his period of probation will be extended to May 31, 2004.
Cullen is a very talented horseman and it would be a shame if he were lost to the horse racing industry. With further professional help and with the help of Stanzuk, we feel confident that he can succeed. However, we must emphasize to Cullen that the use of prohibited drugs and being licensed to race in Ontario are incompatible and Cullen will lose this privilege for a very long time should he offend again.
DATED this 24th day of January 2003.
(original signed by) Stanley Sadinsky
Stanley Sadinsky, Q.C.
Chair