IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;

AND IN THE MATTER OF

STANDARDBRED LICENSEE MARC SHUTTLEWORTH

Marc Shuttleworth appealed Judges' Ruling number SB 31196, issued against him on February 20, 2005, wherein he was fully suspended for thirty (30) days effective March 1, 2005, and fined the sum of $2,000.00 for violation of Rules 10.01(a) and (b) of the Rules of Standardbred Racing for being in possession of injectables and syringes on the grounds of Mohawk Raceway on February 7, 2005.

The ORC Panel convening to hear the matter consisted of Vice-Chair Todd and Commissioners Garthson and Gorman. Brendan Van Niejenhuis represented the Administration and Marc Shuttleworth was self-represented.

On hearing the evidence of Troy Moffatt, Paul Cass and Marc Shuttleworth, on reviewing the Exhibits filed, and on being advised that Marc Shuttleworth did not contest the finding of liability but only the issue of penalty, and on hearing the submissions of counsel for the Administration and of Mr. Shuttleworth, the Panel allowed the appeal in part and ordered as follows:

(a) Marc Shuttleworth shall pay a fine of $1,000.00.

(b) Marc Shuttleworth shall be suspended for a period of 30 days in total and shall serve a suspension of 10 days on dates to be agreed between the Administration and Mr. Shuttleworth, which dates were agreed to be June 13 to June 22, inclusive;

(c) The remaining twenty days of Marc Shuttleworth's suspension are hereby stayed for a period of twelve months and, if Mr. Shuttleworth is not found to have violated Rules 10.01(a) and (b) for twelve months beginning June 3, 2005, he shall not serve the remaining twenty days of the suspension, but if Mr. Shuttleworth is found to have violated Rules 10.01(a) and (b) within that period he shall serve the remaining twenty days of the suspension.

The Panel's reasons for decision form part of the transcript of the hearing and are attached to this Ruling.

DATED this 22^nd^ day of June, 2005.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF a hearing before a panel of The Ontario Racing Commission;

AND IN THE MATTER OF Standardbred Owner/Driver/Trainer MARC SHUTTLEWORTH

This is an excerpt of the proceedings before a panel of the Ontario Racing Commission re: MARC SHUTTLEWORTH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, Canada, at the offices of The Ontario Racing Commission, Toronto, Ontario on the 3rd day of June, 2005.

Appearances:

Brendan Van Niejenhuis

for The Administration.

DISCIPLINE COMMITTEE PANEL PARTICIPANTS:

Larry Todd (Vice-Chair)

David Gorman

Ms. J. Garthson

hearing resumed ...

MR. FINES: All rise, please.

THE CHAIRMAN: Sit down. We have come to a conclusion and the following is our unanimous reasons for decision. This is an appeal by Mr. Shuttleworth of Standardbred Ruling SB31196 dated February 20th, 2005 by which Mr. Shuttleworth was fined $2000.00 and given a full 30 day suspension for violation of Rule 10.01 of the Rules of Standardbred Racing.

We have heard evidence that the minimum penalty on the Ontario Jockey Club circuit for a violation of Rule 10.01 is 15 days and a thousand dollar fine. Presumably we should refer to what the Woodbine and Mohawk facilities as being Woodbine Entertainment nowadays but that rule of thumb which infers a two tier system based on the amount of money being raced for is probably something that the judges should give some reconsideration to given that the races or the purses per race at many, if not most, of our standardbred tracks today are roughly equivalent to those raced for on the Woodbine Entertainment circuit.

Mr. Shuttleworth has admitted liability in all respects. In fact, when confronted with the vehicle search personnel he willingly handed over an unopened and capped bottle of an injectable substance known as Hemo-15, a recognized and long standing blood builder and vitamin. All the other items in Exhibit 3 were and are empty syringes and an empty electrolyte jug.

We have heard an explanation as to why the empty materials were in the back seat of Mr. Shuttleworth's vehicle and in the circumstances at hand here we accept this evidence unequivocally. In fact, the Administration did not even challenge Mr. Shuttleworth in cross-examination as to the rhyme or reason as to the reason for these contents being in the back of his vehicle. The only actual injectable was a Hemo-15 bottle, a blood supplement that Judge Cass acknowledges could never cause a negative test. There were no needles found, despite Mr. Moffat's thorough search of the truck and trailer.

It is acknowledged by the Administration that the penalties for violation of the Rule 10.01 of the Rules of Standardbred Racing as listed and summarized by Mr. Shuttleworth in his correspondence at Exhibit 1, tab 6 are an accurate recording of most of the recent Rule 10.01 violations in 2004 and 2005 based on Standardbred Canada's recordkeeping. None of the penalties listed at tab 1, Exhibit 6 match or exceed what we were told is the guideline, the norm or guideline, minimum.

We note in particular the fines and the penalties assessed in Messrs. O'Sullivan, Soroka, S-o-r-o-k-a I believe, Ms. Levalie, all on the same day and basically at the same venue. We have heard evidence that the judges considered it and relied substantially on Mr. Shuttleworth's record as contained in Exhibit 2. We do note some significant past violations but also accept the appellant's submissions that his conduct for the past two years has been relatively without blemish.

We must reiterate that a violation of Rule 10.01 should have serious consequences for the offender. However, here the penalty that has been assessed by the judges would appear to be significantly out of line with all the recent precedent and practice. This is a factor that we have to consider.

We therefore propose to allow the appeal in part as follows. The fine should be reduced a thousand dollars and we affirm the 30 day suspension but are prepared in the circumstances and the facts at hand here and in the context of the other penalties that have been assessed in 2004 and 2005 to stay 20 of the 30 days; such stay to be in place for a period of twelve months and to be contingent on no further violations by the licensee of Rule 10.01 in that period and those are our reasons.

Mr. Shuttleworth, have I missed anything from your perspective?

MR. SHUTTLEWORTH: No, sir.

THE CHAIRMAN: Mr. Van Niejenhuis?

MR. VAN NIEJENHUIS: Only, I suppose, that there should be a discussion between Mr. Shuttleworth and the judges as to the commencement of the suspension and the necessary transfers that need to be accomplished.

THE CHAIRMAN: Okay. Mr. Shuttleworth, our usual practice is to note on the record, as I am now doing, that you have to speak to the judges about the commencement date and any transfers during the period of your suspension. If you are unable to reach a satisfactory resolution with them regarding commencement date you are free to ask Mr. Fines to reconvene this panel to deal with the issue.

MR. SHUTTLEWORTH: Yes, sir.

THE CHAIRMAN: That's all? Thanks very much, folks.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths