IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF STANDARDBRED OWNER/DRIVER/TRAINER
MARK GODDARD
Standardbred Owner/Driver/Trainer Mark Goddard (K90841) appealed the decision of the Judges in Ruling SB 31236, dated April 24, 2004, wherein his licence was suspended for one year and he was fined $5,000.00 for having been found in violation of Rules 22.38, 26.02 and 26. 02.1 of the Rules of Standardbred Racing as a result of a Total Carbon Dioxide (TCO2) test result of 38.4 mmol/L from a sample taken from the horse TARNISHED HALO, which raced in the 11th race at Mohawk Raceway on April 3, 2004. A stay of this suspension was not granted and the suspension began on April 24, 2004.
On May 26, 2004, Chair Lynda Tanaka, Commissioners Bernard Brennan, DVM, and George Kelly of the Ontario Racing Commission convened to hear the appeal.
No one appeared on behalf of Mr. Goddard. Tim Snell appeared on behalf of the Administration.
Upon reading the exhibits and upon hearing the submissions of the Administration, including with respect to the notice of appeal filed by Mr. Goddard, the report of the pre-hearing conference held in this matter on May 5, 2004, the notification provided to Mr. Goddard of the hearing date, time and location by Notice of Hearing, Summons, otherwise in writing and verbally, and after having adjourned the hearing for 30 minutes and hearing upon reconvening that attempts to contact Mr. Goddard at telephone numbers provided by him to the Commission were not successful, the Ontario Racing Commission dismissed this appeal as having been abandoned.
The suspension of Mr. Goddard’s licence ordered in Ruling SB 31236 is hereby ordered to be continued until April 23, 2005, inclusive. Mr. Goddard is hereby ordered to pay $5,000.00 to the Ontario Racing Commission on or before April 23, 2005 and before he can participate directly or indirectly in racing again.
The reasons for decision form part of the transcript of the hearing.
DATED this 27th day of May 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Acting Executive Director