Ontario
Racing
Commission
TB
RULING NUMBER COM SB 012/2008
COMMISSION HEARING TORONTO, ONTARIO – MARCH 11, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE RANDALL J. FULMER
Background
Standardbred Licensee Randall J. Fulmer, Licence Number 8071F4, as driver/trainer/owner/authorized agent, was issued Standardbred Official Ruling SB 35527 on February 8, 2008 by a panel of Standardbred Judges at Western Fair Raceway for violation of Standardbred Rules of Racing 9.09 (a), (b), 26.02.01 and 26.02.02, for a positive test result for the Class III drugs, Ephedrine, Phenylpropanolamine and Pyrilamine on the horse UPSIDE DOWN, which raced in the 9th race at Western Fair Raceway, finishing 1st on January 8, 2008.
The penalties imposed by the Standardbred Judges were as follows:
- $1,500 fine.
- 60 days full suspension of licence (February 14, 2008 to April 13, 2008).
- Purse ordered redistributed pursuant to Rule 9.13,
- Trainer/driver/fees ordered redistributed pursuant to Rule 18.08.
- All horses trained but not owned by Randall J. Fulmer may be released to the care of another trainer approved by the Judges pursuant to Rule 26.08.
- All horses owned in whole or in part by Randall J. Fulmer are fully suspended.
On February 12, 2008, Randall J. Fulmer appealed against the “severity of penalty”.
Commission Hearing
On Tuesday, March 11, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Commissioner Bernard Brennan, DVM, and Commissioner Brenda Walker was convened to hear the appeal of Randall J. Fulmer.
Randall J. Fulmer appeared in person. Brian Tropea of the Ontario Harness Horse Association appeared as agent for Mr. Fulmer and Anthony Williams appeared as counsel for the Administration.
The hearing proceeded as an appeal against sentence alone.
Upon hearing the evidence of witness Neil Albert McCoag, Senior Judge, and following a review of the exhibits filed, both by Randall J. Fulmer and by counsel on behalf of the Administration, and upon hearing the closing submissions of both Randall J. Fulmer and counsel for the Administration, the Panel of the Commission ruled as follows:
i. The Panel upheld the ruling of February 8, 2008 of the Standardbred Judges.
ii. The appeal by Randall J. Fulmer against the penalties imposed by the Judges on February 8, 2008 was dismissed.
iii. However, in view of the cooperation of Randall J. Fulmer in the investigation and his admission that he administered the drug which resulted in the positive test,
(a) Randall J. Fulmer will be allowed to enter his horses on April 8, 2008, 4 days before the expiration of his full suspension, which will allow Randall J. Fulmer to race his horses beginning April 13, 2008, the day after the suspension expires.
(b) The Panel requests that William Fines, Supervisor of Standardbred Racing make the Standardbred Judges aware of this allowance for Randall J. Fulmer.
The transcript of the Panel’s Oral Decision is attached.
DATED at Toronto this 17th day of March 2008.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director