IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF STANDARDBRED DRIVER/OWNER/TRAINER BRIAN R. LAWSON
Standardbred Driver/Owner/Trainer Brian R. Lawson (540203) appealed Judges Ruling SB 29093 in which he was found in violation of Rules 10.01 (a) and (b) (having in or upon premises that he had the right to occupy, or on his personal property or effect, injection and infusion devices and injectables), Rule 6.20 (a) (conduct injurious to racing) and Rule 6.27(knowingly withholding information or misleading investigators or judges), of the Rules of Standardbred Racing, and was suspended 6 months and fined $6,000.00, a result of Mr. Lawson’s employee, licenced groom Patrick Joe Epoch, having been found in possession of injection and infusion devices and injectables at Flamboro Downs Raceway on September 10, 2003.
Mr. Lawson also appealed Judges Ruling SB 29097, in which he was found in violation of Rule 3.09.1 (c) of the Rules and fined $500.00 for not having all the terms of his engagement as a trainer set out in contracts with owners.
On May 4 and June 25, 2004, Chair Lynda Tanaka, Commissioners Bernard Brennan DVM, and Brenda Walker of the Ontario Racing Commission convened to hear these appeals.
Howard Katz appeared on behalf of Mr. Lawson and Tim Snell appeared on behalf of the Administration.
Upon hearing the evidence of John McEachern, Mike Elchyshyn, Judge Chuck Fraleigh, Brian Lawson and Patrick Joe Epoch, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission decided unanimously:
- To allow in part the appeal of Ruling SB 29090 with respect to liability and penalty as follows:
a) Mr. Lawson was not found to have violated Rule 10.01 (a) and (b) of the Rules;
b) Mr. Lawson was found to be in violation of Rule 6.20 (a) and Rule 6.27 of the Rules;
c) Mr. Lawson’s licence is to be suspended for 120 days, beginning July 1, 2004 until
October 28, 2004, inclusive, and he is fined $3,000.00.
- As the appeal of Ruling SB 29097 was abandoned in the hearing, the decision of the
Judges with respect to both liability under Rule 3.09.1 (c) and the penalty of $500.00
remains in effect.
The reasons for decision form part of the transcript of the hearing.
Mr. Lawson’s licence is hereby suspended for 120 days, beginning July 1, 2004, until October 28, 2004, inclusive. Mr. Lawson is hereby ordered to pay $3,500.00 by cheque to the Ontario Racing Commission by October 28, 2004, and before he participates directly or indirectly in racing again. The Rules, including Rule 6.10.1 and Rule 26.08, apply to this situation.
DATED this 28th day of June 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Executive Director (Acting)