IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF
STANDARDBRED OWNER/DRIVER/TRAINER TODD JAMES
Standardbred Owner/Driver/Trainer Todd James appealed judges' Ruling SB 30671, issued against him January 5, 2006, wherein he was fined $5,000.00 and fully suspended for one year for violation of Rules 9.09(a) and 26.02.1 of the Rules of Standardbred Racing, for a positive test result for the Class II Drug Caffeine and the Class IV Drugs Theophylline and Theobromine, taken from the horse JUSTINUFF which raced in the 8th race on December 13, 2005 at Kawartha Downs Raceway.
On January 30, 2006, a Panel of the Commission consisting of Chair Lynda Tanaka and Commissioners David Gorman and George Kelly, convened to hear the appeal. The Administration was represented by counsel Brendan Van Niejenhuis, and the licensee represented himself.
On hearing the evidence of Judge Craig Walker and Todd James, and on reading and seeing the exhibits and on hearing the submissions of counsel and of Mr. James, the Panel dismissed the appeal and upheld the fine of $5,000.00 and the suspension of one (1) year.
The Panel gave oral reasons for decision which form part of the transcript of the hearing and which are attached hereto.
DATED this 3rd 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 Owner/Driver/Trainer
TODD JAMES
BEFORE: Lynda Tanaka Chair
George Kelly Member
Dave Gorman Member
----------REASONS----------
Hearing Conducted in the Hearing
Room of the Ontario Racing Commission, 7th
Floor, 20 Dundas Street West, Toronto,
Ontario, on the 30th day of January
APPEARANCES:
Brendan Van Niejenhuis Counsel for the Administration
Doug James Unrepresented
Williams Fines Supervisor Standardbred Racing
TORONTO COURT REPORTERS - TORONTO - ONTARIO
--- IN THE MATTER OF TODD JAMES:
THE CHAIR: We have reviewed the evidence in the case and have been able to reach a unanimous decision.
On our review of evidence, it appears that the sole purpose of giving the substance to the horse four hours before the race was to give the horse more energy and therefore to enhance performance.
Given that the trainer did not research the product prior to giving it to him, did not consult with the vet and used a product which is primarily -- which is for human consumption rather than being identified as a veterinary used product, we find that the trainer failed to satisfy us that he acted appropriately and took due diligence before he raced his horse. Therefore, we do not grant the appeal as to penalty and the penalty stands.
Thank you very much for your help. We didn't enter the bottle as an exhibit, so you can have it, but thank you for having the material.
MR. JAMES: I have one further thing to ask, if I could.
THE CHAIR: All right?
MR. JAMES: On the day of the suspension, before I received the suspension, I put into motion to sell the horses. This was because of my job and because of my marital situation and I was selling the horses privately to my father. They stopped that so I, in turn, sold them to a person that works for my father; him and his brother who had racehorses out of my father's farm together, like themselves, and since I sold the horses to him they made the horses move.
Now, I was just requesting that he could move the horses back to the farm because it's much more convenient for him because he works for my father and the horse are there. I have no say in what the horses do or anything, because he runs his own stable, and will still run the horses that I sold to him as his own horses.
THE CHAIR: I'm going to suggest that you take it up with the judges at Kawartha Downs, that they have the primary jurisdiction to make any rulings that would vary from the normal course of dealing with the horses.
MR. JAMES: Okay.
THE CHAIR: All right. And then you can go through all the fact background and they can deal with the specific individual to whom the horse is being transferred, et cetera.
MR. JAMES: Okay.
THE CHAIR: All right?
MR. JAMES: Yes.
THE CHAIR: Thank you very much.
TORONTO COURT REPORTERS - TORONTO - ONTARIO
I hereby certify the foregoing to be a true and accurate transcript as taken
by me to the best of my skill and ability.
_____________________________
Christine McAlister, B.A.,C.S.R.
Toronto Court Reporters
1410 - 65 Queen Street West, Box 69
Toronto, Ontario M5H 2M5
(416) 364-2065
TORONTO COURT REPORTERS - TORONTO - ONTARIO