IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED OWNER/TRAINER
KELLY SHEPPARD
Standardbred owner/driver/trainer Kelly Sheppard appealed Judges’ Ruling SB 31066 dated July 15, 2004, in which he was fined $2,000.00 and fully suspended for 20 days for violating Rules 9.09(b) and 26.02 of the Rules of Standardbred Racing for a positive test for the Class IV prohibited substance PHENYLBUTAZONE, OXYPHEBUTAZONE, GAMMA HYDROXYPHENYBUTAZONE from the horse NUCLEAR HAZE which raced in the 2nd race at Flamboro Downs Raceway on July 1, 2004.
On November 10, 2004, a panel of the Ontario Racing Commission consisting of Vice Chair Larry Todd, and Commissioners Bernard Brennan, DVM and Brenda Walker heard this appeal. Mr. Sheppard appeared on his own behalf and Tim Snell represented the Administration.
Upon hearing the evidence of Judge Bill Pennington and Mr. Sheppard, reviewing the evidence filed and hearing the submissions of the Parties, the Commission dismissed the appeal in part as follows:
The 20-day suspension is upheld;
The $2,000.00 fine is upheld;
Mr. Sheppard is not fully suspended. The suspension is conditional, the sole term and condition being that Mr. Sheppard is permitted to participate in racing as an owner and trainer to the extent that, beginning on the 16th day of the suspension, he may enter horses that are in his control to race provided that the races in question are scheduled and take place only after the end of the 20-day suspension period.
Timing of the suspension is to be as agreed upon between the Administration and Mr. Sheppard, failing which the matter can be referred back to the Commission.
The Commission’s reasons for decision form part of the transcript of the hearing.
Mr. Sheppard is suspended for 20 days from November 22, 2004 until December 11, 2004, inclusive and is fined $2,000.00, payable by December 11, 2004, failing which he will be fully suspended pursuant to the Rules until such time as payment is made.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director