IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE JEFF BARKLEY
Jeff Barkley's standardbred license was suspended until he provided a negative urine sample and pending his appearance before the Ontario Racing Commission pursuant to Rule 6.38.05 of the Rules of Standardbred Racing.
On July 26, 2006, a Panel of the Commission consisting of Chair Tanaka and Commissioners Garthson and Brennan convened the hearing, which had been adjourned from June 13, 2006, by order of the Panel.
Brendan Van Niejenhuis represented the Administration as counsel, and Mr. Barkley was not represented and not in attendance, although duly served.
On reading the Notice of Hearing and the proof of service thereof, and on reading the Exhibits and on hearing the submissions of counsel for the Administration, the Panel found Mr. Barkley in violation of the Rules of Standardbred Racing and made the following Order:
Mr. Barkley's license is fully suspended for eighteen months running from May 14, 2007 until November 14, 2008;
Mr. Barkley shall file with the Director of Racing, on or before December 31, 2006, proof in a form satisfactory to the Director of Racing that he has completed the treatment required by the Commission in its Ruling of June 13, 2006;
Prior to the reinstatement of his license on or about November 14, 2008, or any subsequent date on which Mr. Barkley commences a fresh application to be licensed without having been reinstated first, Mr. Barkley shall provide a negative urine sample within the meaning of Rule 6.38.05, and the negative test result must be taken from a sample given by Mr. Barkley not more than thirty (30) days prior to his application for reinstatement;
Also prior to the reinstatement of his license on or about November 14, 2008, or any subsequent date on which Mr. Barkley commences a fresh application to be licensed without being reinstated first, Mr. Barkley shall appear before the Commission to satisfy the Commission that he can abide by and has abided by the terms of this Ruling;
Mr. Barkley shall pay a fine in the amount of $2,500.00, which fine must be paid prior to his reinstatement or the issuance of any fresh license;
Should Mr. Barkley satisfy the above terms and conditions and complete his term of suspension, Mr. Barkley shall be subject to a probationary period of 12 months running from his reinstatement or relicensing, during which time:
(a) he shall be required to appear before the Commission if any one positive test occurs under the positive drug testing rules as they exist at that time, including the rules pertaining to alcohol;
(b) he shall present himself for testing any time the ORC human drug testing unit is present at a track where he is programmed to race.
The Panel gave oral reasons for decision, a copy of the transcript of which is attached to this Ruling.
DATED this 14th day of August 2006.
BY ORDER OF THE COMMISSION original signed by Terry Stone
Terry Stone
Acting Executive Director
1
1ONTARIO RACING COMMISSION
STANDARDBRED HEARING
2
IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c 20
4
-and-
5
6 IN THE MATTER OF: Standardbred Licensee JEFF BARKLEY
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BEFORE: Lynda Tanaka Chair
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Bernard Brennan, DVM Member
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Jane Garthson Member
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13
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15 Hearing Conducted in the Hearing Room of the
Ontario Racing Commission, 10 Carlson Court,
16 Toronto, Ontario, M9W 6L2, on the
26th day of July 2006.
17
18
19 APPEARANCES:
20 Brendan Van Niejenhuis Counsel for the
Administration
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22
23
2
1
INDEX OF PROCEEDINGS
2PAGE NO.
3Opening Comments - Van Niejenhuis 4
4Submissions -- Van Niejenhuis 18
5Reasons 26
6
7
8
9
10
11
12
13
14
15
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24
25 THE CHAIR: Anything further on the
Reasons - 26
1 penalty? I think we'll go out and talk about
2 what we want to do on this. Those are a couple
3 of the --
4 MR. VAN NIEJENHUIS: Unless you can
5 identify any other concerns, I think I've said
6 what I would like to say.
7 THE CHAIR: Are there any questions?
8 MEMBER BRENNAN: No questions. I'm
9 satisfied.
10 THE CHAIR: Any questions, Ms Garthson?
11 MEMBER GARTHSON: I'm not sure how to
12 word it. I guess there's no way this could be
13 deemed a frivolous request given the importance
14 of the charges that we're facing?
15 MR. VAN NIEJENHUIS: My instructions on
16 that issue, on a standing basis, restrain me
17 from making that submission at this point.
18 THE CHAIR: And I don't see any notice
19 that we were going to ask for those kinds of
20 costs. Okay, all right. Let's rise for --
21 give us 10 minutes.
22 MR. VAN NIEJENHUIS: Thank you.
23 ------- RECESS-------
24 THE CHAIR: The Panel has come to a
25 unanimous decision with respect to this matter
Reasons - 27
1 and we do find Mr. Barkley in violation of the
2 Rules of Racing. With respect to the positive
3 cocaine test on sample 22169511 taken May 11,
4 2006 and supported by certificate -- by the
5 certificate issued and dated May 19, 2006 which
6 is at tab 2 of Exhibit 2 in these proceedings.
7 We have heard and considered the
8 submissions of counsel with respect to the
9 appropriate penalty.
10 The case comes to us as a third
11 positive test within 24 months. The case has
12 been processed through the Commissions's offices
13 in a