Ontario Racing Commission
RULING NUMBER COM SB 033/2008
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 4, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE TRAVIS BOWMAN
Standardbred licensee Travis Bowman appealed to the Commission from Judges’ Ruling Number SB28312 on September 13, 2008 wherein he was fined $1,500 and fully suspended for ten days (September 17 until September 26, 2008) for violation of Rules 9.09(a), 26.01.03(c), and 26.02.01 of the Rules of Standardbred Racing as a result of a positive test for the Class V drug Procaine taken from the horse “Cheap Motel”, which raced in the 6th race on August 2, 2008, at Kawartha Downs Raceway.
On September 17, 2008, the Executive Director stayed the order pending the determination of the appeal.
On December 4, 2008, a Panel of the Commission consisting of Chair Rod Seiling and Commissioners David Gorman and Brenda Walker, convened to hear the appeal.
Owen Rees appeared as counsel for the Administration and Travis Bowman was self-represented.
Upon hearing the evidence presented by the parties and upon reviewing the written submissions filed, the Ontario Racing Commission denies the appeal, and rules that the penalty imposed by the Judges is appropriate. Mr. Bowman is fined $1,500 and fully suspended for ten days (December 4 until December 13, 2008).
The Panel’s oral Reasons for Decision form part of the transcript which is attached hereto.
DATED this 18th day of December 2008.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF TRAVIS BOWMAN
Held Before: Rod Seiling, Chairman D. Gorman, Commissioner B. Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TRAVIS BOWMAN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 4th day of December, 2008.
Appearances: Owen Rees for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise please. Please be seated. After listening to the testimony and reviewing the submissions and evidence tabled the panel denies the appeal. As per the agreed statement of facts Mr. Bowman admitted that his horse CHEAP MOTEL tested positive for the substance Procaine in the sixth race at Kawartha Downs on August 2, 2008. The penalty imposed by the Judges is appropriate as per the policy directive number 1-208 penalty guidelines for equine drug TCO2 and non therapeutic drug offenses. Mr. Bowman's case is the same as Mr. Macri's in terms of the violation. The difference is in the penalty. Mr. Bowman receiving a lesser one, ten days, versus Mr. Macri's fifteen days with both being fined $1,500.00. Mr. Preszcator's case is not comparable and the other two cited cases may or may not be similar and the panel cannot tell whether Mr. Vankatwyk or Ms. Cirasuola handed in their slip prior to the race. Mr. Bowman's penalty is to be worked out with the Judges but he may not enter any horses in to race as of this date. Any questions?
MR. BOWMAN: I don't train horses anyways. Thank you. Sorry again for being late.
MR. CHAIRMAN: It's all right. We understand.
MR. BOWMAN: All right. Have a good one.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths