RULING NUMBER COM TB 015/2009
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 9, 2009
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF
THOROUGHBRED LICENSEE ANATRAM SINGH
Anantram (Sunny) Singh (“SINGH”) is licensed (license #106524) with the Ontario Racing Commission (“ORC”) as a Jockey.
On May 11, 2009, SINGH and other licensees were required to provide saliva samples for testing.
On May 19, 2009, the test result for SINGH’s sample was positive for cocaine.
On May 21, 2009, the Acting Deputy Director of the ORC issued Ruling Number TB ADMIN 8/2009 wherein SINGH was fined $500 and suspended for fifteen days. Pursuant to Rule 38.08(f) of the Rules of Thoroughbred Racing (the “Rules”), SINGH was required to fulfill a number of conditions before being reinstated.
On July 6, 2009, the Executive Director of the ORC issued Ruling Number TB ADMIN 13/2009 wherein SINGH was reinstated.
On July 27, 2009, SINGH and other licensees were required to provide saliva samples for testing.
On July 30, 2009, the test result for SINGH’s sample was positive for cocaine.
On July 31, 2009, the Executive Director of the ORC issued Ruling Number TB ADMIN 16/2009 wherein SINGH was suspended and, pursuant to Rule 38.08(c)(ii) of the Rules, having tested positive for a prohibited substance for the second time within twelve months of the first offence, SINGH was referred to the Commission.
Pursuant to 38.08(g)(ii) of the Rules, SINGH was required to provide a negative test result before applying to the Commission for a Hearing.
On October 1, 2009, SINGH submitted an Application for Reinstatement Hearing having received a negative test result on September 21, 2009.
On October 9, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, was convened in accordance with Rule 38.08(g)(ii) of the Rules.
Jennifer Friedman appeared as counsel for the Administration. SINGH was in attendance. Robert King Jr. acted as SINGH’s representative in the capacity of friend.
Upon hearing the testimony of Russell Fernandes, Kim Damiani, and SINGH, and reviewing the exhibits filed, the Panel ordered the following:
a) SINGH will be eligible for reinstatement on completion of his current after care program;
b) The Administration may reinstate SINGH if:
i) SINGH has successfully completed his after care program;
ii) SINGH provides proof of regular participation in a support group;
iii) SINGH provides proof that he has a sponsor; and
iv) SINGH provides proof that he is involved with his Church group;
c) If the Administration elects to reinstate SINGH, the Administration may attach conditions to the licence of SINGH that it sees fit.
The Panel's oral reasons for decision form part of the transcript of the Hearing and are attached to this Ruling.
DATED at Toronto this 24th day of November, 2009.
BY ORDER OF THE COMMISSION
John L Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF
ANANTRAM SINGH
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ANANTRAM SINGH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of October, 2009.
Appearances:
Jennifer Friedman, for the Ontario Racing Commission Administration
R. King, friend of Anantram Singh
Hearing continued ...
MR. CHAIRMAN: All rise please. Please be seated. Before making the ruling I want to just recognize the help of the Administration and Mr. King for Mr. Singh and everyone wanting to do what's best for you, sir and it is our hope this will be the last time I see you here, especially on this type of matter.
Once you finish your after care program you will be eligible for reinstatement and you can make an application for reinstatement at that point in time and I understand that will be on or about December 6th. To satisfy your reinstatement to the Administration you must be able to demonstrate that you have completed your after care course. So just for clarity you are going to have to have a letter, a phone call or something that will satisfy the Administration you have completed your after care course. You are going to have to again demonstrate either through contact with the Administration by the persons involved that you are in a support group and that you have a sponsor and that you are regularly participating in those functions, for want of a better term, and so letters might be the best way but it sometimes easier than tracking people down. At the same time I would like to see some support; I don't doubt your word but I want to see that you prove to the Administration that you are involved in your church group and then the Administration will see fit and will by this ruling be able to attach any conditions to your license that they see fit which I suspect will be the normal conditions attached to an agreed statement of a license. So unless there are any questions that ends the hearing of Mr. Singh. Hopefully you will beat it and again you will be my poster child.
MS. FRIEDMAN: Thank you.
MR. SINGH: Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths```