IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED LICENSEE STEVE PHILBIN
Standardbred Licencee, Steve Philbin (#V03532) appealed Judges’ Ruling SB 29156 wherein he was suspended 60 days and fined $1,500.00 for a violation of Rule 22.38 of the Rules of Standardbred Racing for a positive TCO2 test result from a sample taken from the horse LOCO CONJERO which raced in the 5th race at Windsor Raceway on October 23, 2004.
On February 16, 2005, a panel of the Ontario Racing Commission consisting of Vice-Chair Larry Todd, Commissioners Brennan and Walker heard the appeal.
Mr. Philbin appeared on his own behalf. Tim Snell represented the Administration.
Upon hearing the evidence of Monica Lamothe, Grace Rejano, Judge Paul Harrison and Richard Tso, upon reading the exhibits filed and hearing the submissions of the Parties, the Ontario Racing Commission dismissed this appeal respecting the finding of a rule violation. The Commission dismissed the appeal as to penalty in part by ordering that the penalty in Ruling SB 29156 be replaced by a 30-day full suspension and a $1,500.00 fine. The Commission ordered that Mr. Philbin arrange with the Judges at Windsor Raceway within 10 days of the hearing a date to start his suspension, failing which the Commission may be addressed on that issue.
The Commission’s reasons for decision form part of the transcript of this hearing.
Steve Philbin’s licence is hereby fully suspended for thirty days, beginning on a date to be arranged
between himself and the Judges at Windsor Raceway, and he is hereby fined $1,500.00, payable by the end of the suspension period and before he can participate directly or indirectly in racing again.
DATED this 17th day of February, 2005.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director