IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF STANDARDBRED
OWNER/TRAINER ANTHONY MONTINI, LICENCE NO. R15371
Standardbred owner/trainer Anthony Montini appealed Judges' Ruling SB35478 dated October 13, 2006, wherein he was fully suspended for 180 days and fined $5,000 pursuant to Rules 26.02.01 and 9.09(b) of the Rules of Standardbred Racing for a positive test for Phenylpropolamine with the horse Paragon, following the 8th race at Mohawk Raceway on August 5, 2006. By Ruling SB35479, the horse Paragon was suspended for 30 days, pursuant to Rule 6.14 of the Rules of Standardbred Racing.
The ORC Panel hearing the matter consisted of Chair Rod Seiling and Commissioners David Gorman and Bernard Brennan, DVM. The Panel convened on March 15, 16 and 23, 2007. Aaron Dantowitz and Bob Hutchins appeared for the Administration and Ronald Moldaver appeared for Mr. Montini.
On hearing the evidence of Troy Moffatt, Graeme Conlon, Dr. Michael Weber, Dr. Steven Barker, Rick Allen, Tina Sweiger, Anthony Roe, Andrea Marcoux, Nicky McFarlane, Heather Parsons, Christina Bauer, Julie Burian, Derek Bernhardt, Matt Mendoza, Elyse Miller, Basdeo Gurprasad, John Burns, Robert Morrison, Jonathan Drury, Anthony Montini and Albina Montini, on reviewing the Exhibits filed, and on hearing the submissions of counsel for the Administration and for Mr. Montini, the Panel dismissed Mr. Montini's appeal and ordered as follows:
Mr. Montini's suspension of 180 days and penalty of $5,000 will commence immediately with notice of this decision;
The horse "Paragon's" 30-day suspension will also commence immediately with the notice of this decision;
The results of the race will remain as it relates to both purse redistribution and reallocation of the driver and trainer fees.
The Commission's reasons for decision are attached to this ruling.
DATED this 2nd day of April 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Overview
- A hearing was held before the Commission March 15 March16 and 23, 2007 concerning the appeal by Anthony Montini from Standardbred Ruling SB 35478. Anthony Montini was fined $5,000 and his license as an Owner/Trainer was suspended for a period of 180 days for violation of Rules 26.02.1 and 9.09(b) of the Rules of Standardbred Racing as a result of a positive test for the prohibited substance Phenylpropolamine in the horse Paragon. The horse was raced in Race 8 at Mohawk Raceway on August 5, 2006 and finished 2nd. The race had a purse of $26,000. As a result of the positive test, Paragon was disqualified and the purse was distributed to the other horses in their order of the finish. The owners, Anthony Montini, Basil Michele, Adelio Cicchetti, and Paul Giammichele are also appealing the disqualification and therefore the purse distribution. A stay of the ruling has been granted. The hearing before the Commission is a hearing de novo.
Background
Legal counsel for the administration, Aaron Dantowitz and Bob Hutchins told the panel that the standardbred horse “Paragon” after finishing 2nd in the 8th race at Mohawk Raceway on August 5, 2006 was selected for a urine test by the judges. This sample resulted in a positive test for the Class 3 drug Phenylpropolamine (PPA).
Mr. Dantowitz informed the panel that the continuity of the official sample, #1631254 as referenced to the panel in tab #7 of Exhibit #1 that was used to call the positive test for PPA in the horse “Paragon” is not an issue in the hearing. Mr. Ronald Moldaver, legal counsel for Mr. Montini agreed.
Mr. Dantowitz told the panel that the appellant’s counsel will claim the positive test is not the fault of his client, that “Paragon” came into contact with the source of the positive test while stabled in the retention barn at Mohawk Raceway and that another trainer, John Burns will be blamed.
Mr. Mold