Ontario
Racing
Commission
TB
RULING NUMBER COM SB 008/2008
COMMISSION HEARING TORONTO, ONTARIO – FEBRUARY 5, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE SHAUN J. O’HALLORAN
Standardbred licensee Shaun J. O’Halloran, as trainer, Licence Number V87261, was required, pursuant to Rule 6.38.05(ii) of the Rules of Standardbred Racing, to appear before the Commission.
On Tuesday, February 5, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear the matter.
Shaun J. O’Halloran appeared in person. Shaun J. O’Halloran was unrepresented. Anthony Williams appeared as counsel for the Administration.
On hearing the allegations against Shaun J. O’Halloran, and on hearing the admissions by Shaun J. O’Halloran to the allegations, and on reading the exhibits filed, and upon hearing the submissions of both Shaun J. O’Halloran and counsel for the Administration, the Commission found as follows:
- Shaun J. O’Halloran violated Rule 6.38.05(i) of the Rules of Standardbred Racing on Monday, December 31, 2007, at Windsor Raceway, in that he had a positive result for a controlled substance to wit:
❖ Cannabis and its derivatives, for which Shaun J. O’Halloran did not have a valid prescription.
- Shaun J. O’Halloran further violated condition (a) of his Probation Order, Ruling COM SB 037/2007 dated November 29, 2007, in that he did fail to keep the peace and be of good behaviour.
In view of the circumstances surrounding these violation, including a suspension of 29 days (a suspension which has already been served) and an apparent recognition by Shaun J. O’Halloran of his substance abuse problem, and that Shaun J. O’Halloran is now enrolled in a substance abuse program at Brentwood Recovery Home, the Commission ordered as follows:
- That Shaun J. O’Halloran
(a) must complete the “Brentwood 90–day commuting treatment program” for substance abuse treatment, and
(b) must provide acceptable proof of his completion of this program to Jeremy Locke, Team Leader, Investigations Branch, Ontario Racing Commission.
- That Shaun J. O’Halloran, following the completion of the 90-day program
(a) must enroll in the “Brentwood after care program” for a period of 12 months, and
(b) must provide monthly proof to Jeremy Locke, that he, Shaun J. O’Halloran is diligently involved in the aftercare program.
That Shaun J. O’Halloran must provide a urine sample, at his sole expense, indicating the absence of a controlled substance, before his licence may be renewed.
That Shaun J. O’Halloran be placed upon probation for a period of approximately 15 months from February 5, 2008 to April 30, 2009, upon the same conditions which were imposed upon Shaun J. O’Halloran by order of the Commission on November 29, 2007 in Ruling Number Com SB 037/2007.
The conditions of the probation order were as follows:
a. keep the peace and be of good behaviour;
b. provide a suitable breath sample to the paddock judge or agent within one hour, anytime he is at a racetrack operating as an Ontario Racing Commission (ORC) licensee;
c. provide a urine sample or a swab sample to an ORC Human Drug Testing representative within one hour, any time he is at a racetrack operating as an ORC licensee;
d. if he violates any condition of the probation order, the violation may result in a referral to the Commission in addition to any other penalties imposed by the Judges.
The Panel gave oral reasons for this decision. A transcript of the oral reasons is attached to this Ruling.
DATED this 19th day of February 2008.
BY ORDER OF THE COMMISSION
Robert McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF STANDARDBRED LICENSEE
SHAUN O'HALLORAN:
Held Before:
Rod Seiling, Chairman
These are the oral reasons and ruling in the above mentioned matter held before The Ontario Racing Commission, Re: SHAUN O'HALLORAN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 5th day of February, 2008.
Appearances:
Anthony Williams
for the Ontario Racing Commission Administration
Hearing continued ...
MR. FINES: All rise please. This hearing before the Racing Commission is back in session.
MR. CHAIRMAN: Please be seated. After hearing the testimony and reviewing the exhibits Mr. O'Halloran, with his acknowledged positive test for THC has in the process violated the Rules of Standardbred Racing and violated the terms of his probation as set out in Standardbred Ruling 037/2007. These violations are troubling in that he is putting at risk, in addition to himself, the health and safety of the horses and other participants. This Commission is charged with protecting the health and safety of both of the above under the Racing Commission Act.
Mitigating the aforementioned circumstances is the fact that Mr. O'Halloran appears to have recognized his problem and is now enrolled in a substance abuse program at Brentwood Recovery Home. In view of that fact under Standardbred Rule 6.38.05(ii) the following penalties flows on the appellant. One, that he must complete the 90 day program at Brentwood providing acceptable proof to Mr. Locke. Two, that following completion of the 90 day program he will also enrol in the after care program for a period of one year and is required to provide monthly proof to Mr. Locke that he is diligently involved in that program. Three, that following a clear urine sample and test at his cost his license be renewed and four, that the same probation terms of Standardbred Ruling 037/2007 be imposed and that they will run until April 30th, 2009. Do you understand the terms, Mr. O'Halloran?
MR. O'HALLORAN: I have to complete the 90 day program before I can go back to work again?
MR. CHAIRMAN: No. What I have said is that you must continue to stay enrolled in the program, the 90 day program and that you must provide proof to Mr. Locke that you are continuing that program and that following the completion of the 90 day program you must enrol in their after care program for a period of one year and provide on a monthly basis proof that is satisfactory to Mr. Locke that you are diligently involved in an after care program but you can have your license back as soon as you can provide a clean urine same and test at your cost to Mr. Locke and the final condition is that the same terms of your probation before are to continue on. The only difference being that they will now run until April 30th, 2009 which really commences when you finish. If you look at the time period your 90 day after care period finishes on April 30th of this year so what is happening is for one year from the date when you complete your 90 days your probation terms will expire. I think that's clear. Do you understand that? I see Mr. Locke here shaking his head and I think if you need any clarification he has got it. It's clear. There will also be a ruling on this so there will be something in writing for you as well if it is confusing to you and hopefully we don't see you back here ever again. Really, this Commission is about getting your life in order and you are being given a chance so please take advantage of it.
MR. WILLIAMS: Thanks very much, sir.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths