IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 C. 20;
AND IN THE MATTER IN THE APPEAL OF
STANDARDBRED LICENSEE RUSSELL LOWERY
Standardbred Licensee Russell Lowery was required to appear before the Ontario Racing Commission pursuant to Rule 6.38(e)(iii) of the Rules of Standardbred Racing.
On February 9, 2005, Chair Lynda Tanaka of the Ontario Racing Commission convened to hear the appeal.
Mr. Lowery appeared on his own behalf and counsel Tim Snell appeared for the Administration.
The matter was adjourned to a later date, to give Mr. Lowery the opportunity to retain counsel.
On April 14, 2005, Chair Lynda Tanaka, of the Ontario Racing Commission reconvened to hear the appeal. Counsel John Navarrete appeared on behalf of Mr. Lowery and counsel Luisa Ritacca, for the Administration.
Upon hearing from the Administration and from Mr. Navarrete, upon reading the exhibits filed, including an Agreed Statement of Facts, and upon hearing submissions on behalf of the parties, the Ontario Racing Commission reinstates Mr. Lowery’s licence subject to the following terms:
(a) Mr. Lowery’s driver’s licence will be suspended for a period of 180 days, commencing April 14, 2005 to October 14, 2005 inclusive,
(b) Following the suspension, Mr. Lowery shall be on a one-year probation commencing October 14, 2005 to October 14, 2006 inclusive. The conditions of the probation are as follows:
(i) Mr. Lowery shall present himself to the drug unit to provide a urine sample whenever random testing is being carried out under Rule 6.38 at a racetrack at which he is present or programmed to be present, and
(ii) Should Mr. Lowery provide a positive, improper and/or unacceptable urine sample, that will result in an immediate and full suspension for the remainder of the probation.
The Commission gave oral reasons for its decision which are part of the transcript.
DATED at Toronto this 18th day of April 2005.
BY ORDER OF THE COMMISSION Greg Fernandes for
John L. Blakney
Executive Director