IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF
STANDARDBRED LICENSEE DARRELL COVILLE
Standardbred licensee Darrell Coville was required to appear before the Commission for a second positive test for the controlled substance cocaine within twenty-four months pursuant to Rule 6.38.05(iii) of the Rules of Standardbred Racing.
On March 22, 2006 a Panel of the Commission consisting of Chair Lynda Tanaka and Commissioners Jane Garthson and Bernard Brennan, D.V.M., convened to conduct the hearing. Brendan Van Niejenhuis represented the Administration and Darrell Coville appeared on his own behalf.
On reading the exhibits, filed, and on hearing the evidence of Darrell Coville, and on hearing the submissions of counsel and of Mr. Coville, the Panel ordered that:
(a) Mr. Coville is hereby fully suspended for a period of four (4) months;
(b) Mr. Coville shall complete the program of treatment in which he has registered with Addiction Services of Eastern Ontario as set out in Exhibit 2, which requires that he (i) continues outpatient counselling, (ii) completes the mandated treatment program, and (iii) participates in the relapse prevention program;
(c) Mr. Coville shall not be reinstated until he has satisfied the Director of Racing or his delegate, in a form acceptable to him, that Mr. Coville has complied with the program of treatment;
(d) Mr. Coville shall be on probation for a period of one (1) year following the conclusion of his term of suspension;
(e) Mr. Coville shall during that period of probation present himself for testing whenever he races or is programmed to race at any racetrack in Ontario where the Ontario Racing Commission Drug Unit is present; and
(f) Mr. Coville shall abstain from the use of all controlled substances, except in accordance with a valid prescription.
The Commission gave oral reasons for its decision which form part of the transcript of the hearing.
DATED this 6th day of April 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE Racing Commission Act,
2000, S.O. 2000, c 20
-and-
IN THE MATTER OF: Standardbred Licensee:
DARRELL COVILLE
BEFORE: Lynda Tanaka Chair
Jane Garthson Member
Bernard Brennan Member
------- REASONS------
Hearing Conducted in the Hearing
Room of the Ontario Racing Commission,
Suite 6 Carlson Court, Toronto, Ontario,
on the 22nd day of March, 2006
APPEARANCES:
Brendan Van Niejenhuis Counsel for the
Administration
Darrell Coville Unrepresented
Williams Fines Supervisor Standardbred
Racing
TORONTO COURT REPORTERS - TORONTO – ONTARIO
1 ---- IN THE MATTER OF DARRELL COVILLE:
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2 THE CHAIR: Mr. Coville, we're going to
3 impose the penalty requested by the
4 Administration. So, that is a four year --
5 sorry, four month suspension of your licence and
6 you will provide whatever proof the Director of
7 Racing or his delegate requires that you have
8 satisfied the treatment recommended in Exhibit 2
9 and there are three elements to that.
10 The first is that you continue
11 attending outpatient treatment counselling for
12 acquisition and maintenance of coping skills.
13 The second is that you take the
14 mandated treatment program which is March 28th,
15 29th and 30th.
16 The third is that you attend the
17 Relapse Prevention Program, which is 16 hours
18 over eight weeks, and that if he recommends any
19 further treatment for you that you take it.
20 These positive tests are regarded very
21 seriously by the Commission and your testimony
22 highlights one of the important aspects of our
23 keeping cocaine away from horse racing.
24 Cocaine and tongue ties is an entirely
25 inappropriate thing to do to horses.
1A. For sure.
2THE CHAIR: Obviously, somebody still
3 thinks it's the thing to do.
4 We are not prepared to tolerate people
5 who use cocaine on the back stretch or people
6 who sell cocaine on the back stretch and two
7 positive tests in a two year period is regarded
8 very seriously.
9 As Dr. Brennan pointed out to you,
10 you've let down a lot of people who have a lot
11 of confidence in your ability and at age 51,
12 while there are younger people, your experience
13 should count for something in your ability to
14 get the most out of the horse.
15 I notice that you are having a little
16 difficulty with excessive use of the whip,
17 keeping your line in each hand and keeping your
18 feet in the stirrups over the years. That
19 tells me that you have a problem abiding by the
20 Rules of Racing.
21 Now, we regard that very seriously as
22 well. Having a licence is a privilege. You
23 should not come back here on another positive
24 test because, quite frankly, we're a little
25 surprised that only four months suspension is
1 requested. But since you've never had treatment
2 before that was one of the factors that I took
3 into account.
4 It's unfortunate that you haven't got
5 yourself to treatment earlier but I strongly
6 urge you to take the opportunity for the
7 treatment that you've been offered seriously
8 because there is very little, if any, tolerance
9 for this kind of conduct again.
10 So, you will present yourself for
11 testing whenever the drug testing unit is at the
12 track and you are programmed to drive and you
13 will cooperate fully with the drug testing
14 unit. I don't want to hear that they have had
15 to chase you around the paddock trying to get
16 you to give a sample. All right?
17 A. All right.
18 THE CHAIR: You will cooperate fully
19 and promptly with them whenever they are there?
20 A. I usually always do.
21 THE CHAIR: Well, it better not be
22 usually. It better be always.
23 A. No, no. Right, right.
24 THE CHAIR: If there is any further
25 direction with respect to the ruling you'll let
me know, Mr. Van Niejenhuis, but there will be a
ruling issued.
3So, four months from now would be
4March, April, June 22nd. All right, thank
5 you very much.
6 MR. VAN NIEJENHUIS: Thank you.
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
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5I hereby certify the foregoing to be
6 a true and accurate transcript as taken by
7 me to the best of my skill and ability.
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11 _____________________________
12 Christine McAlister, B.A.,C.S.R.
13 Toronto Court Reporters
14 1410 - 65 Queen Street West, Box 69
15 Toronto, Ontario M5H 2M5
16 (416) 364-2065
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TORONTO COURT REPORTERS – TORONTO - ONTARIO