IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED LICENSEE DOUGLAS FORGIE JR.
Whereas in Ruling SB 334/2004, the Director of Racing indefinitely suspended the reciprocal licence of Douglas Forgie Jr. (licence # E54253) pursuant to Rule 6.38 (e) (ii) of the Rules of Standardbred Racing until he provided a negative sample at his own expense and appeared before the Ontario Racing Commission as a result of a positive test for the cocaine metabolite benzoylegonine from a sample taken on December 10, 2004 at Rideau Carleton Raceway.
On February 8, 2005, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka held a hearing in this matter. Mr. Forgie appeared on his own behalf. Tim Snell represented the Administration.
Upon reading the exhibits filed, and upon hearing submissions of the Parties, the Ontario Racing Commission ordered as follows:
Mr. Forgie’s licences as a trainer and ferrier be suspended for three months beginning on the hearing date;
Mr. Forgie’s licences as a driver and starter be suspended for one year beginning on the hearing date, three months of which are stayed;
Mr. Forgie shall within nine months from the hearing date, provide proof satisfactory to the Director of Racing that he has enrolled in and is continuing with an ongoing treatment program, failing which his licence as a driver will be suspended indefinitely;
Mr. Forgie’s licence be placed on probation for one year beginning on the hearing date. If there is another finding of a rule violation in connection with the human drug testing program, which violation takes place within the probation period, Mr. Forgie’s licence will be suspended for three months in addition to any other penalty that is ordered.
The Commission’s reasons for decision form part of the transcript of the hearing.
Therefore:
Mr. Forgie’s licence in Ontario as a trainer is suspended until May 7, 2005, inclusive;
Mr. Forgie’s licence in Ontario as a driver is suspended until October 7, 2005, inclusive;
Mr. Forgie shall, on or before October 7, 2005, provide confirmation to the satisfaction of the Director of Racing that he enrolled in and has either completed or is attending an ongoing treatment program, failing which his licence in Ontario as a driver shall continue to be suspended until such time as he provides this notification;
Mr. Forgie’s licences in Ontario are placed on probation until February 7, 2006, inclusive. If there is another finding of a rule violation in connection with the human drug-testing program, which violation takes place within the probation period, Mr. Forgie’s licences shall be suspended for three months in addition to any other penalty that may be ordered.
DATED this 18th day of February, 2005.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director