IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

Standardbred licensee Randy Zhok was fined $1,500 and suspended for 90 days by the Judges in Ruling SB36628, for violating Rules 9.09(a) and 26.02.01 of the Rules of Standardbred Racing, based on a positive test for the Class 3 substance, Torsemide, in the horse Nuke Ouellette, following the third race at Kawartha Downs on January 30, 2007. Randy Zhok appealed on the issue of penalty to the Commission.

On April 12, 2007, a Commission Panel consisting of Chair Rod Seiling and Commissioners David Gorman and George Kelly, convened to hear the appeal. Brendan Van Niejenhuis appeared as counsel for the Administration and Randy Zhok appeared on his own behalf.

On reading the exhibits and on hearing the evidence of Randy Zhok, and on hearing the submissions of counsel and of Randy Zhok, the Panel dismissed the appeal and upheld the penalty imposed by the Judges, specifically:

The Panel confirmed the fine of $1,500.00; and
The Panel confirmed the suspension period of 90 days.

The Panel gave written reasons for its decision, a copy of which is attached to this Ruling.

DATED this 19^th day of April 2007.

John L. Blakney

Executive Director

A hearing was held before the Commission on April 12, 2007, concerning the appeal by Randy Zhok from the Judges’ Ruling Number SB36628. Randy Zhok was fined $1,500 and his licence as an owner/trainer was suspended for a period of 90 days for violation of Rules 9.09(a) and 26.02.01 of the Rules of Standardbred Racing as a result of a positive test for the prohibited substance “Torsemide” in the horse Nuke Ouellette. The horse raced in Race 3, with a purse of $3,600, at Kawartha Downs on January 30, 2007 and finished first. As a result of the positive test, Nuke Ouellette was disqualified and the purse was distributed to the other horses in the order of finish. The owner, Randy Zhok, was appealing the penalty.

Background

1. Standardbred Owner/Trainer Randy Zhok appealed Judges’ Ruling Number SB 36628 issued on March 15, 2007 as contained in Exhibit 1 in which he was penalized $1,500 and suspended 90 days for a positive test for the illegal Class 3 drug, Torsemide, in his horse, “Nuke Ouellette” which raced at Kawartha Downs in race 3 on January 30, 2007.

2. Mr. Zhok appealed the judges’ ruling on March 15, 2007. A copy of his appeal was contained in tab 3 of exhibit 1 in which he agreed with the liability of the positive test and was appealing with respect to the penalty.

3. A hearing on his appeal was convened on April 12, 2007. Mr. Brendan Van Niejenhuis and Mr. Owen Rees represented the Administration as legal counsel and Mr. Zhok, with the knowledge that he had the right to be represented by legal counsel, agreed to represent himself and told us that he wanted to give evidence rather than provide comments to the Panel.

4. Mr. Van Niejenhuis told us, that while there was not an agreed statements of facts to table, in his discussions with Mr. Zhok, they had agreed to those facts as enclosed in tabs 4 and 5 of exhibit 1, the Cantest positive test result and the Vita-Tech certificate that included Mr. Zhok’s signature respectively.

5. Mr. Van Niejenhuis told us that the penalty was reasonable and referred us to the published guidelines for penalties for such offences (tab 10, exhibit 1).

6. Judge Craig Walker told us that he was one of the 3 judges who issued the ruling following the hearing with Mr. Zhok. We were told that the ruling fitted within the guidelines for a 1^st time offender for a Class 3 drug.

7. He told us that the penalty was on the lower end of the range because of Mr. Zhok’s clean record but not at the lowest end because he would not tell the judges where the drug, which is not approved for use in Canada, came from. His reluctance to confirm how he acquired the drug was confirmed to us by the interview report conducted with Mr. Zhok by ORC Investigator Charles Beirnes on February 13, 2007, with a copy of it being provided in tab 7 of exhibit 1. The Panel was also referenced to a letter (tab 9, exhibit 1) from Dr. Mike Weber from the CPMA confirming that the drug, Torsemide, is not approved for use in Canada.

Mr. Zhok told us that he was appealing just the penalty on the basis of his clean record over 27 years as a licensee and he was concerned what it may mean to him in his other jobs, both as an assistant race secretary at Georgian Downs and as an Ontario Sires Stakes draw supervisor. He confirmed to us that he would not tell the judges or the ORC interviewer the origin of the drug.

9. He told us that he is aware that Torsemide is not available in Canada and that he now remembers that he acquired the drug from a veterinarian 5 years ago who is now deceased. He would not tell us the name of the person but did tell us that it was for the treatment of a filly that was not racing who had a flipped pallet. We were told that the pill was in his trunk and that it had no identification as to content, dosage or prescription reference and that his current Vet was not available to provide him with advice or assistance.

10. He administered the drug to his horse, “Nuke Ouellette” nonetheless, he told us, and that on consulting with other trainers, after notification of the positive test, they told him it was OK to use that particular drug.

11. He testified that he would have to be crazy to knowingly give his horse an illegal drug as the horse was picked to win and he is aware that winners are post race tested.

Issue

12. Has Mr. Zhok provided the Panel with compelling reasons in his testimony to accept his appeal with respect to the penalty of a $1.500 fine and a suspension of 90 days as handed down in the Judges Ruling SB 36628 for violation of the Rules 9.09 (a) and 26.02.1 of Standardbred Racing?

Analysis

13. The Panel takes very seriously the damage to the horse racing industry the use of illegal medications is having on it and the negative implications their use has on the health of the horses involved. Non-therapeutic medications have no place in their administration to horses.

14. Mr. Zhok has demonstrated a careless approach to the use of medications with no regard to the implications their use may have on the health of the horse and the negative impacts for the industry as it relates to its integrity.

15. The Judges took into account Mr. Zhok’s record but also had the mitigating factor that he would not tell them how he acquired the drug, a drug that is not approved for use in Canada. Mr. Zhok has an obligation to tell the truth and therefore, the penalty, in the view of the Panel, is appropriate as it relates to the guidelines.

Conclusion

16. After careful consideration of the evidence, Mr. Zhok’s appeal is denied and the penalties, as imposed by the Judges in their ruling of March 15, 2007, are upheld.

DATED this 19^th day of April 2007.

Rod Seiling

Chair

Randy Zhok v. Administration, 2007 CanLII 86983

Case Summary

2. Mr. Zhok appealed the judges’ ruling on March 15, 2007. A copy of his appeal was contained in tab 3 of exhibit 1 in which he agreed with the liability of the positive test and was appealing with respect to the penalty.

5. Mr. Van Niejenhuis told us that the penalty was reasonable and referred us to the published guidelines for penalties for such offences (tab 10, exhibit 1).

6. Judge Craig Walker told us that he was one of the 3 judges who issued the ruling following the hearing with Mr. Zhok. We were told that the ruling fitted within the guidelines for a 1^st time offender for a Class 3 drug.

10. He administered the drug to his horse, “Nuke Ouellette” nonetheless, he told us, and that on consulting with other trainers, after notification of the positive test, they told him it was OK to use that particular drug.

11. He testified that he would have to be crazy to knowingly give his horse an illegal drug as the horse was picked to win and he is aware that winners are post race tested.

Issue

12. Has Mr. Zhok provided the Panel with compelling reasons in his testimony to accept his appeal with respect to the penalty of a $1.500 fine and a suspension of 90 days as handed down in the Judges Ruling SB 36628 for violation of the Rules 9.09 (a) and 26.02.1 of Standardbred Racing?

Analysis

13. The Panel takes very seriously the damage to the horse racing industry the use of illegal medications is having on it and the negative implications their use has on the health of the horses involved. Non-therapeutic medications have no place in their administration to horses.

14. Mr. Zhok has demonstrated a careless approach to the use of medications with no regard to the implications their use may have on the health of the horse and the negative impacts for the industry as it relates to its integrity.

16. After careful consideration of the evidence, Mr. Zhok’s appeal is denied and the penalties, as imposed by the Judges in their ruling of March 15, 2007, are upheld.

DATED this 19^th day of April 2007.

2. Mr. Zhok appealed the judges’ ruling on March 15, 2007. A copy of his appeal was contained in tab 3 of exhibit 1 in which he agreed with the liability of the positive test and was appealing with respect to the penalty.

5. Mr. Van Niejenhuis told us that the penalty was reasonable and referred us to the published guidelines for penalties for such offences (tab 10, exhibit 1).

6. Judge Craig Walker told us that he was one of the 3 judges who issued the ruling following the hearing with Mr. Zhok. We were told that the ruling fitted within the guidelines for a 1st time offender for a Class 3 drug.

10. He administered the drug to his horse, “Nuke Ouellette” nonetheless, he told us, and that on consulting with other trainers, after notification of the positive test, they told him it was OK to use that particular drug.

11. He testified that he would have to be crazy to knowingly give his horse an illegal drug as the horse was picked to win and he is aware that winners are post race tested.

Issue

12. Has Mr. Zhok provided the Panel with compelling reasons in his testimony to accept his appeal with respect to the penalty of a $1.500 fine and a suspension of 90 days as handed down in the Judges Ruling SB 36628 for violation of the Rules 9.09 (a) and 26.02.1 of Standardbred Racing?

Analysis

13. The Panel takes very seriously the damage to the horse racing industry the use of illegal medications is having on it and the negative implications their use has on the health of the horses involved. Non-therapeutic medications have no place in their administration to horses.

14. Mr. Zhok has demonstrated a careless approach to the use of medications with no regard to the implications their use may have on the health of the horse and the negative impacts for the industry as it relates to its integrity.

16. After careful consideration of the evidence, Mr. Zhok’s appeal is denied and the penalties, as imposed by the Judges in their ruling of March 15, 2007, are upheld.

DATED this 19th day of April 2007.

6. Judge Craig Walker told us that he was one of the 3 judges who issued the ruling following the hearing with Mr. Zhok. We were told that the ruling fitted within the guidelines for a 1^st time offender for a Class 3 drug.

DATED this 19^th day of April 2007.