IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
THOROUGHBRED LICENSEE ANATRAM SINGH
Jockey Anatram (Sunny) Singh appeared before the Commission pursuant to Rule 15.26.03 of the Rules of Thoroughbred Racing, having tested positive for a prohibited substance for the second time within 24 months, following a random urine sample collection conducted at Woodbine Racetrack on June 29, 2006, for which he was suspended by Stewards' Ruling TB 4338/2006 dated July 8, 2006, pending provision of a negative sample and this appearance before the Commission.
The ORC Panel hearing the matter consisted of Chair Tanaka, sitting alone. The Panel convened on July 31, 2006. Aaron Dantowitz appeared for the Administration and Harvey Swartz appeared for Mr. Singh.
On hearing the evidence of Anatram (Sunny) Singh, on reviewing the Exhibits filed, and on hearing the submissions of counsel for the Administration and for Mr. Singh, the Panel ordered:
(a) that Mr. Singh's licence be fully suspended for a period of two months, from July 8, 2006 to September 8, 2006, inclusive;
(b) that Mr. Singh's licence be suspended on Saturdays and Sundays thereafter for a period of one month, from September 9, 2006 until October 8, 2006, inclusive;
(c) that Mr. Singh serve a period of probation thereafter for a period of one year, from October 9, 2006 until October 8, 2007, inclusive, during which time:
(i) Mr. Singh must present himself whenever the drug testing unit is at the track and Mr. Singh is carded to ride; and
(ii) any violations of the rules of racing related to the use of alcohol or drugs or medication resulting in a positive test as defined by the rules or policy of the Commission will result in a full three-month suspension;
(d) that Mr. Singh provide proof of the continuation of the rehabilitation program he has commenced or completion of that program in a form satisfactory to the Director of Racing on or before October 8, 2006.
The Commission's oral reasons for decision form part of the transcript of the hearing and are attached to this ruling.
DATED this 30th day of August 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF ANATRAM SINGH:
These are the oral reasons in the above mentioned matter held before The Ontario Racing Commission, Re: ANATRAM SINGH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 31st day of July, 2006.
Appearances:
Aaron Dantowitz, for the Ontario Racing Commission Administration
Harvey Swartz, for Anatram Singh.
Hearing continued ...
MR. HALL: All rise please. This hearing before the Ontario Racing Commission is now back in session. Please be seated.
MADAME CHAIR: Thank you. Please be seated. This is a hearing before the Commission with respect to a violation of the rules of racing by Anatram Singh, known as Sunny Singh, with respect to a positive test for which he was suspended by ruling Thoroughbred 4338/2006 on July 8th, 2006 pending provision of a negative sample.
Since this was his second offence within a 24 month period with respect to the rules of racing concerning human positive tests he is required to appear before the Commission prior to being reinstated.
The Administration is asking for a three month suspension and a one year probationary period on terms. The suspension would commence July 8th, 2006 and therefore be completed October 8th, 2006. Mr. Singh is requesting a one month suspension which would result in him resuming riding August 8th, 2006.
The facts here are typical of these situations. They are young men with family responsibilities, earnest in their love of racing with no alternative opportunities for work having become involved very early in the sport. As in so many cases this positive test flows from an alleged single act of indiscretion. The licensee is adamant that he does not have a problem with alcohol and drugs. He is in this case described by his counsel as gullible. As in so many cases the financial hardship of even a three month suspension is described as devastating. The submission is made that he should be allowed another shot.
My assessment of Mr. Singh is that unless there is truly a dramatic reassessment of his personal issues he will be back before this Commission on and off for the rest of his career on drug and alcohol use issues. My view is that he does have an alcohol problem but he doesn't understand it. When he drinks too much he gets into drugs. He has a problem if he drinks too much. That is an alcohol problem. The three month penalty would be considered brief and light by many licensees who appeared in similar circumstances and their families would be appalled that their family member has a significantly longer period of penalty than Mr. Singh.
What separates Mr. Singh from many of these other licensees is that he is among the youngest that I have seen under these violations and he comes with the backing of three important individuals who I believe are disappointed in him and disgusted with his conduct. They believe they can control him. He suggests that he would submit to weekly drug testing which would pose significant practical burdens on this Commission. None of us are in the business of baby-sitting Mr. Singh.
Why he should as an adult need to be controlled if he doesn't have a drug or alcohol problem escapes me but based on the testimony I will not grant the Administration's request for a full suspension for three months. I believe, however, there needs to be a significant penalty. Mr. Singh's attitude seems to be that the first shot he has paid for and it just doesn't count. Well, it does count. I therefore fully suspend his license until September 8th, 2006. For the period September 8th to October 8th the license is suspended on Saturdays and Sundays in that period. I impose a one year probationary period which he must present himself whenever the drug testing unit is at the track and he is carded to ride. Any violations of the rules of racing related to the use of alcohol or drugs or medication resulting in a positive test as defined by the rules or policy of the Commission in that probationary period will result in a full three-month suspension. On or before October 8th Mr. Singh must provide proof of the continuation of the rehabilitation program he has commenced for completion of that program in a form satisfactory to the Director of Racing and that concludes the matter. Thank you for your assistance, Mr. Swartz and Mr. Dantowitz.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths