IN THE MATTER OF THE
ONTARIO RACING COMMISSION ACT, 2000,
AND IN THE MATTER OF THE
APPEAL OF STANDARDBRED TRAINER, JIM SKELHORN
Standardbred Driver/Owner/Trainer Jim Skelhorn (H91879) appealed the decision of the Executive Director of the Ontario Racing Commission in Ruling SB 155/2003 issued against him pursuant to Rule 6.47.7 of the Standardbred Rules of Racing, wherein he was charged for failure to comply with Rules 6.47.1 (a), (b), (c) and (d) of the said Rules and wherein his licence was suspended for six months and he was fined $5,000.00. Furthermore, Jim Skelhorn appealed the decision of the Director of Racing of the Ontario Racing Commission in Ruling SB 167/2003 issued against him pursuant to Rule 3.09.01(j), wherein he was charged for failure to comply with Rules 3.09.1(c) and (f) and was fined $2,000.00.
The aforesaid Rulings were stayed by order of the Executive Director in Ruling COM SB 17/2003 on August 29, 2003, until the originally scheduled hearing date of October 10, 2003, and subsequently by Ruling COM SB 24/2003 until October 15, 2003, and by Ruling COM SB 29/2003 until October 30, 2003 and by Ruling COM SB 32/2003 until February 20, 2004.
On October 10, 2003, the hearing of these appeals was adjourned at the request of Mr. Skelhorn’s counsel.
On February 20, 2004, Vice Chair Larry Todd, Commissioners Patricia Bullock and Brenda Walker of the Ontario Racing Commission convened to hear these appeals.
Gerry White appeared on behalf of Mr. Skelhorn and Tim Snell appeared on behalf of the Administration.
At the commencement of the hearing the Parties agreed in a joint submission that there was no dispute and no issue as to both liability and the fine of $2,000.00 in respect of Ruling SB 167/2003.
Upon hearing the evidence of Mike McEachern, Dr. Bruce Duncan and Jim Skelhorn, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission decided unanimously:
To allow the appeal of Ruling SB 155/2003 with respect to the charge of failing to comply with Rule 6.47.1(b) and to dismiss the appeal with respect to the charges of failing to comply with Rules 6.47.1 (a), (c) and (d).
To allow in part the appeal of Ruling SB 155/2003 with respect to the issue of penalty as follows:
That Mr. Skelhorn’s licence be suspended for six months and that Mr. Skelhorn be fined $2,500.00.
The reasons for decision are attached and form part of this Ruling.
In the reasons for decision, the Panel has left it to the Parties to agree on the dates of suspension and the payment of fines, but failing agreement, that matter may be referred back to the Panel for determination.
DATED this 25^th^ day of February 2004.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director
REASONS FOR DECISION
This matter was heard by a panel consisting of Vice Chair Larry Todd, Commissioners Patricia Bullock and Brenda Walker on Friday, February 20, 2004.
Licensed trainer, Jim Skelhorn, in this matter was seeking a review of the order of the Executive Director dated August 5, 2003 contained in Standardbred Ruling 155/2003.
Additionally, Mr. Skelhorn sought a review of the order of the Director of Racing, likewise dated August 5, 2003 contained in Standardbred Ruling 167/2003.
At this hearing, the Administration was represented by Tim Snell and Mr. Skelhorn by Gerry White.
At the commencement of this hearing, Mr. White and Mr. Snell in a joint submission agreed that there was no dispute and no issue as to both liability and penalty with respect to the order of the Director of Racing set out in Ruling SB 167/2003, i.e. that Mr. Skelhorn did not have a written contract with the owners of horses trained by him. We were advised that Mr. Skelhorn accepted the $2,000 penalty imposed by the Director of Racing in respect of this rule violation.
With regard to the case involving the death registry and the matters set out in Ruling No. SB 155/2003 under the hand of the Executive Director, we heard evidence from Dr. Bruce Duncan and John McEachern. Mr. White led the evidence of Mr. Skelhorn by way of defence to the charges.
We find as a fact that Mr. Skelhorn was the trainer of a standardbred racehorse named Auston Blue. This horse died late in the evening of Sunday, June 22, 2003 at the training centre premises owned by Ian McCardle.
At or about 11:30 p.m. on June 22, 2003, Mr. Skelhorn contacted a dead stock removal company and by early in the morning of June 23, 2003, the remains of Auston Blue had been removed and disposed of.
There was no evidence of any effort on the part of Mr. Skelhorn to report the death to the Director of Racing pursuant to the provisions of Rule 6.47 of the Rules of Standardbred Racing. The evidence with regard to Mr. Skelhorn’s knowledge of the prerequisites of the “death registry” provisions of the Rules of Standardbred Racing was somewhat vague and to a degree contradictory.
Very little turns on this given Mr. White’s candid admission that even the complete ignorance of the provisions of the Rule is no defence whatsoever.
We find it difficult to conclude that Mr. Skelhorn was not substantially aware of the provisions and requirements of the death registry as set out in Rule 6.47.1 to 6.47.7 of the Rules of Standardbred Racing. Mr. Skelhorn had only written his trainer’s license examination in the spring of 2003 and it is strains credulity to conclude that there would not be some familiarity with a significant new initiative such as the death registry when studying for the trainer’s written examination.
The death registry provisions cited above are mandatory in respect of the circumstances at hand in the case before us. Auston Blue raced at Quinte Raceway on Friday, June 20, 2003 and, accordingly, a report of his death was mandatory. The death registry initiative of the Ontario Racing Commission came into force on January 1, 2003. Prior to its initiation, there was a significant program of announcements and familiarization implemented by both the Ontario Racing Commission and other stakeholders in the industry.
This panel of the Ontario Racing Commission feels that the death registry and its requirements are an important and significant tool to ensure that the racehorses which are the centrepiece of horse racing in Ontario are properly protected and safeguarded.
Mr. White, in his argument and address as to penalty, stressed the need to be fair in the context of Mr. Skelhorn’s personal circumstances and finances. Additionally, Mr. White referred us to two rulings, one by the Director of Racing and one by the Supervisor of Standardbred Racing, pursuant to the provisions of the death registry.
We take cognizance of Mr. Skelhorn’s recently acquired status as a trainer in the standardbred industry in the spring of 2003 and, as well, his modest earnings as a trainer to date.
Additionally, we do not find the evidence supports the conclusion that Mr. Skelhorn failed to provide copies of reports prepared by the veterinarian who treated Auston Blue prior to its death. The evidence, in fact, would support a contrary finding given the detailed veterinary history of Auston Blue’s last day found at page 22 of Exhibit 3
For the above reasons, we have concluded that Mr. Skelhorn did fail to inform the Director of Racing within two days of the death of standardbred race horse, Auston Blue, and further failed to transport the horse to a facility approved by the Director of Racing for a post mortem.
However, in the circumstances above, we feel the monetary penalty of $5,000 should be reduced to $2,500. The suspension for a period of six months will not be varied. The death registry and its requirements is an important and significant initiative. Its dictates must be observed by all participants in the industry so that the Commission, in its regulation of horse racing, can protect the equine athlete to the fullest extent that may be possible.
The aforesaid are the unanimous reasons of this panel of the Ontario Racing Commission. We may be spoken to if the Administration and the appellant cannot agree on the dates for the suspension or the timing of payment of the fines.
Dated at Toronto, this 25^th^ day of February, 2004.
____________________________________
Larry Todd
Vice Chair