Ontario Racing Commission
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RULING NUMBER COM SB 001/2010
COMMISSION HEARING TORONTO, ONTARIO – JANUARY 26, 2010
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
STANDARDBRED LICENSEE GILBERT HAMEL
On October 12, 2009, the horse, Quelene Bayama (Tattoo 2DT83), trained by Gilbert L. Hamel (“HAMEL”), finished 1st in the 3rd race at Woodbine.
Following the race, the Judges at Woodbine Raceway (the “Judges”) selected Quelene Bayama to provide blood samples for testing.
On October 22, 2009, the Judges received a Certificate of Positive Analysis from Can-test Laboratory in relation to the sample taken from QUELENE BAYAMA with a positive for the Class II drug, Reserpine.
On October 29, 2009, the Judges issued Standardbred Official Ruling SB 41046 wherein a one-year full suspension (November 4, 2009 to November 3, 2010 inclusive) and a $5,000 fine were imposed upon HAMEL for violating Rules 9.09(b), 26.02.01, and 26.02.03(c) of the Rules of Standardbred Racing (the “Rules”) as a consequence of a Class II positive. Rules 6.14, 9.13, 18.08.01 and 26.08 of the Rules were also listed in the Ruling.
The Judges also issued Standardbred Official Ruling SB 41045 to HAMEL wherein, pursuant to Policy Directive No. 3-2008, conditions are to be placed on HAMEL’S licence upon reinstatement for a two-year probationary period (November 4, 2010 to November 3, 2012).
On November 5, 2009, HAMEL filed a Notice of Appeal in relation to the penalty imposed.
On November 9, 2009, the Executive Director of the ORC issued Ruling Number SB 189/2009 wherein he denied HAMEL a stay of Standardbred Official Rulings SB 41046 and 41045.
On January 26, 2010, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear the appeal.
Jennifer Friedman appeared as counsel for the Administration. Randy Bennett attended as counsel for HAMEL.
Upon reviewing the Agreed Statement of Facts and Joint Submission on Disposition, the Panel ordered as follows:
There shall be an eight (8) month full suspension of Hamel’s licence, less time served from November 4, 2009 to January 19, 2010 inclusive;
Three (3) months of the remaining suspension shall be immediately stayed;
The balance of the remaining suspension shall be served from January 20, 2010 to April 4, 2010 inclusive;
Should a Ruling be issued against the Licensee for a Class I, II, or III (including TC02) positive, the stay shall automatically be lifted and added to the penalty for the subsequent violation;
There shall be a three thousand dollar ($3,000) fine to be paid by Hamel forthwith;
There shall be conditions on Hamel’s licence for a two-year probationary period (April 4, 2010 to April 3, 2012 inclusive) as follows:
i) The Licensee shall keep the peace and be of good behaviour;
ii) The Licensee shall allow Commission investigators access to his stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;
iii) The Licensee shall allow Commission investigators to seize any illegal or non-therapeutic medications or drugs found at his stabling area;
iv) The Licensee shall be subject to the Commission’s Out of Competition Program.
v) The Licensee may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Judges or Stewards for any breach of the terms of his licence.
The purse and driver/trainer fees in connection with race 3 at Woodbine on October 12, 2009 shall be returned and redistributed;
Given the Panel’s Order, Hamel shall withdraw his appeal of Standardbred Official Rulings SB 41045 and 41046.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 28th day of January 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING
OF GILBERT HAMEL,
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GILBERT HAMEL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 26th day of January, 2010.
Appearances:
Jennifer Friedman, for the Ontario Racing Commission Administration
Randy Bennett, for Gilbert Hamel
Hearing continued ...
MR. CHAIRMAN: I am prepared to accept the joint submission on the disposition and we can wrap it up very quickly.
MR. BENNETT: We are content with that, Mr. Chair.
MR. CHAIRMAN: So I think an oral decision that I accept the joint submission and so order.
MS. FRIEDMAN: Thank you, Mr. Chairman.
MR. BENNETT: Will there be a formal order?
MR. CHAIRMAN: The Administration will prepare. They will get the quick copy of the transcript and I think Ms. Friedman will prepare a ruling.
MS. FRIEDMAN: For the purposes of the transcript, Mr. Chair ...
MR. CHAIRMAN: Just for that maybe it would be helpful to have that in the record that either you or Mr. Bennett read the agreed joint submission on the disposition so it is in the record and then we can take that to prepare the ruling.
MR. BENNETT: All right.
MS. FRIEDMAN: With respect to the joint submission on the disposition the particulars are as follows. Number one, there shall be an eight month full suspension of Hamel's license less time served from November 4, 2009 to January 19, 2010 inclusive. Number two, three months of the remaining suspension shall be immediately stayed. Paragraph three, the balance of the remaining suspension shall be served from January 20, 2010 through April 4, 2010 inclusive. Paragraph four, should a ruling be issued against the licensee for a class I, II or III, including TCO2 positive, the stay shall automatically be lifted and added to the penalty for the subsequent violation. Paragraph five, there shall be a $3,000.00 fine to be paid by Hamel forthwith. Paragraph six, there shall be conditions on Hamel's license for a two year probationary period, April 4, 2010 to April 3, 2012 inclusive as follows: The licensee shall keep the peace and be of good behaviour. The licensee shall allow Commission investigators access to his stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medication or drugs. The licensee shall allow Commission investigators to seize any illegal or non-therapeutic medications or drugs found at his stabling area. The licensee shall be subject to the Commission's Out of Competition Program. The licensee may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Judges or Stewards for any breach of the terms of his license. The purse and driver/trainer fees in connection with the race 3 at Woodbine on October 12, 2009 shall be returned and redistributed. And finally, paragraph eight, should the panel accept this Agreed Statement of Facts and order the Joint Submission on Disposition as set out herein, the licensee shall withdraw his appeal of Standardbred Official Rulings SB 41045 and 41046.
MR. CHAIRMAN: I'm happy with that. I presume you and Mr. Bennett will get together and formalize the withdrawal of his appeal?
MR. BENNETT: Yes.
MR. CHAIRMAN: Okay. I think that's it. Thank you very much. Good day. ------------------------
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths