Ontario

Racing

Commission

TB

RULING NUMBER COM SB 009/2008

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 MIKE E. PECONI

Standardbred licensee, Mike E. Peconi, as trainer, Licence Number P33816, was required, pursuant to Rule 6.38.06 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.

Mike E. Peconi appeared in person. Mike E. Peconi was unrepresented. Anthony Williams appeared as counsel for the Administration.

On hearing the allegations against Mike E. Peconi, and on hearing the admissions by Mike E. Peconi to these allegations, and on reading the exhibits filed, and upon hearing the submissions of both Mike E. Peconi and counsel for the Administration, the Commission found as follows:

• Mike E. Peconi violated Rule 6.38.06 of the Rules of Standardbred Racing on Thursday, November 22, 2007 at Kawartha Downs Raceway.
• Mike E. Peconi, a participant in standardbred racing, was properly notified that he had been selected to provide a urine sample pursuant to the human drug testing program of the Ontario Racing Commission.
• Mike E. Peconi left the Kawartha Downs Raceway without permission from the Ontario Racing Commission Investigator or Senior Judge, and without providing a urine sample as required.

In view of all the circumstances surrounding this violation, including a suspension of 28 days (a suspension which has already been served), the Commission ordered as follows:

Mike E. Peconi was placed upon probation for a period of 12 months, commencing February 5, 2008 to February 4, 2009.

The conditions of the probation order were as follows:

1. That Mike E. Peconi shall:

   1. Keep the peace and be of good behaviour;
   2. Provide a suitable breath sample to the paddock judge or agent within one hour of the arrival of Mike E. Peconi as a participant at a racetrack licensed by the Commission;
   3. Provide a urine sample or a swab sample, upon request, by an Ontario Racing Commission human drug testing representative within one hour of such a request whenever Mike E. Peconi is a participant at a racetrack licensed by the Commission;
   4. If Mike E. Peconi violates any condition of this probation order, the violation may result in a referral to the Commission, in addition to any penalties that may be imposed by a Panel of the Ontario Racing Commission Judges for the violation.

The Panel gave oral reasons for this decision. A transcript of the oral reasons is attached to this Ruling.

DATED this 19^th day of February 2008.

BY ORDER OF THE COMMISSION Original signed by Robert McKinney

Robert McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF STANDARDBRED LICENSEE

MIKE PECONI:

Held Before:

Rod Seiling, Chairman

These are the oral reasons and ruling in the above mentioned matter held before The Ontario Racing Commission, Re: MIKE PECONI, 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 now in session.

MR. CHAIRMAN: Please be seated. The appellant Mike Peconi agreed to the statement of facts. Thereby he did violate Standardbred Rule 6.38.06. Mr. Peconi by his own admission violated the rules through ignorance and neglect. The appellant has already suffered a suspension of twenty plus days. Therefore, no further penalty shall be imposed. However, he is put on probation for a period of one year commencing today February 5, 2008 and ending February 4, 2009. The terms of the probation are as follows: (a) he shall keep the peace and be of good behaviour. (b) he shall provide a suitable breath sample to the paddock judge or agent within one hour anytime he is at a racetrack licensed by the Commission. (c) he shall provide a urine sample or swab sample to an ORC Human Drug Testing representative within one hour anytime he is at a racetrack licensed by the Commission when requested. (d) if he violates any condition of the probation order the violation may result in a referral to the Commission, in addition to any penalties imposed by the ORC judges.

Mr. Peconi, you understand what the terms and conditions are of the probation?

MR. PECONI: I just want to go over (b) with you. Is that I do a breathalyser every time I'm at a racetrack?

MR. CHAIRMAN: Every time.

MR. PECONI: Okay because I'm a trainer right now so I don't have to do that right now. So just like a driver I would?

MR. CHAIRMAN: You will go in and you will see submit a urine or swab sample when requested within one hour of your arriving. Any questions?

MR. WILLIAMS: One question if I may which you may accept or reject as you see fit.

MR. CHAIRMAN: Certainly.

MR. WILLIAMS: I have one of those strange 250 year calendars so I can check. You had mentioned that he had already suffered a suspension of twenty plus days, which is accurate.

MR. CHAIRMAN: Yes.

MR. WILLIAMS: I think it is actually twenty eight.

MR. CHAIRMAN: Yes. I didn't think it mattered. I was just identifying that he had already served twenty plus days. I don't think the number of days suspended is important because he has already served them so it wouldn't serve anything to the ruling.

MR. WILLIAMS: I did forewarn the gentleman, as you requested, of the anticipated resolution of the matter by way of sentence if it was similar to the other person which obviously it is remarkably similar and he was very appreciative. He is a bright, direct, young gentleman and I certainly hope he is not a client in the future.

MR. CHAIRMAN: I'm quite impressed that he admitted to the fact that he was at fault and I'm sure that we won't see him back here again.

MR. WILLIAMS: He is pretty sure of that too. Thank you, sir.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths