RULING NUMBER COM TB 028/2010

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 13, 2010

IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;

AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING

OF THOROUGHBRED LICENSEE ANANTRAM SINGH

Thoroughbred licensee Anantram (Sunny) Singh, (“SINGH”), is licensed as a jockey, (ORC Licence Number 106524).

On October 12, 2010, SINGH provided a saliva sample in accordance with his post-violation agreement, which resulted in a positive test for marijuana, in violation of 38.02(c) of the Rules of Thoroughbred Racing and his Post Violation Agreement, dated March 19, 2010.

As a result of the positive test, on October 21, 2010, the Deputy Director issued Ruling TB ADMIN 87/2010 wherein SINGH was suspended from performing the duties for which he is licensed and required to appear before the Commission.

On December 13, 2010, a Panel of the Ontario Racing Commission was convened consisting of Chair Rod Seiling.

Angela Holland appeared as counsel for the Administration. SINGH was represented by Robert King, and SINGH attended in person.

Upon hearing the testimony of Investigator Pam Bray, and SINGH, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the Administration and of Mr. King, the Panel ordered the following:

a) SINGH is fined $500;

b) SINGH is suspended for 12 months (October 12, 2010 – October 11, 2011), with 10 months stayed (December 12 – October 11, 2011), provided SINGH remains in compliance with his post-violation agreement, failing which the stay will automatically expire;

c) SINGH is to perform 40 hours of community service with the Long Run Group in the next year (December 13, 2010 – December 12, 2011), in the event that he returns to the jurisdiction; and

d) SINGH’s post-violation agreement is extended for 2 years, until March 18, 2013.

The transcript with the Panel’s Oral Decision is attached to this Ruling.

Dated at Toronto this 17th day of December, 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF

ANANTRAM SINGH

Held Before:

Rod Seiling, Chairman

This is an excerpt of a Hearing of 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 13th day of December, 2010.

Appearances:

Angela Holland,

counsel for the Ontario Racing Commission Administration

Robert King, representative for the licensee Anantram Singh

Hearing continued ...

MS. HOLLAND: Mr. Chair, I did speak with Mr. Singh prior to attending the attending today and the Administration is prepared to make a joint recommendation and this has been discussed with Mr. King.

MR. CHAIRMAN: Okay

. MS. HOLLAND: We are going to recommend $1,000.00 fine and an extension of Mr. Singh's post violation agreement for two years. We also require him to enroll in an after care program suitable to the substance abuse professional and confirmation that the program he is currently attending is satisfactory to the Administration. Also we would want to remain in control of the follow up testing. We don't want it given by the program in Virginia. We'd like to keep control of it here.

MR. CHAIRMAN: Just let me interrupt. Being in Virginia how are you going to control the testing from here?

MS. HOLLAND: Mr. Locke is here and he can speak to that. My understanding is that it can be ‑‑

MR. CHAIRMAN: It's doable?

MR. LOCKE: Mr. Chair, I spoke with the MRO's office today and it can be arranged at a collection site in Virginia approved by our program.

MR. CHAIRMAN: Okay.

MS. HOLLAND: That's our recommendation.

MR. CHAIRMAN: Okay, well, I'm going to accept part of the ruling and change it a bit. Quite frankly, Mr. Singh, I'm getting tired of seeing you here. I think one of the problems is there is not enough deterrent. We give you a slap on the wrist and it doesn't work. There needs to be something to drive you from this thing as well. I'm going to accept the joint recommendation except I am going to vary the fine. I'm going to reduce it to $500.00 and I'm going to suspend you for a period of 12 months. I am going to stay ten of those months as long as you remain in compliance with the post violation agreement and there are no further positive tests because as I recall the test, your positive test, was October 12th so you have served your two months. You are free to get your license and earn some income. I am also going to commit you to forty hours of community service in the next year if you come back to this jurisdiction. I expect you to work with the Long Run Group. If not, Ms. Bray and Mr. Locke, I'm sure they can find something in Virginia to help you remember why you are doing it but I definitely do not want to see you back here. If you are back again I'm pretty sure the consequences will be more severe. Thank you.

MS. HOLLAND: Sorry, sir, just to confirm the post violation agreement will run for a further two years?

MR. CHAIRMAN: I'm only going to vary those two things I talked about.

MS. HOLLAND: Understood.

CERTIFIED CORRECT: _________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths