RULING NUMBER COM TB 007/2010
COMMISSION HEARING TORONTO, ONTARIO – MAY 20, 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 BY
THOROUGHBRED LICENSEE AARON ALEXANDER
On April 10, 2010, the Stewards issued Ruling Number TB 6368/10 to Aaron ALEXANDER (“ALEXANDER”) which suspended ALEXANDER for 5 years (April 12, 2010 – April 11, 2015) for failing to ensure proper care for horses pursuant to Rule 15.19 and 15.09.01(a) of the Rules of Thoroughbred Racing.
On April 13, 2010, ALEXANDER filed a Notice of Appeal of Ruling Number TB 6368/10 and subsequently requested a stay until such time as the appeal could be heard.
On April 20, 2010, the Director issued Ruling Number TB ADMIN 15/2010 denying the request for a stay.
On May 20, 2010, a Panel of the Ontario Racing Commission (“ORC”) comprised of Chair Rod Seiling, Commissioner Brenda Walker and Commissioner David Gorman convened for the purpose of hearing the appeal.
Maureen Harquail appeared as Counsel for the Administration of the ORC. Brandt Leavey appeared as Representative for ALEXANDER.
After considering the Agreed Statement of Facts, upon hearing the testimony of Investigator Jamie Frye, Janna Imrie, Dr. Bruce Duncan and ALEXANDER, upon reviewing the exhibits filed and upon hearing closing submissions, the Panel dismissed ALEXANDER’S appeal but varies the penalty as follows:
a) The 5-year suspension shall be stayed to 4 years and 9 months as it relates to the privilege of ALEXANDER being eligible to obtain a groom or hot walker’s licence;
b) The 5-year suspension remains in place for an owner or trainer’s licence;
c) ALEXANDER shall be fully suspended from April 10, 2010 through to and including July 8, 2010;
d) If ALEXANDER is found in violation of the rules as they pertain to integrity or health and safety of the horse, the stay shall be automatically lifted;
e) ALEXANDER is required to pay the fine of $2,000 as follows:
i. $1,000 to be paid before he is eligible to be re-licensed as a groom or hot walker;
ii. $1,000 to be paid on September 1, 2010;
iii. Failure to pay the fine for any reason will automatically cause the stay to be lifted;
f) ALEXANDER shall be placed under probation for 2 years following completion of the suspension with the following conditions:
i. ALEXANDER shall keep the peace and be of good behaviour;
ii. ALEXANDER 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. ALEXANDER shall allow Commission investigators to seize any illegal or non-therapeutic medications or drugs found at his area;
iv. ALEXANDER shall be subject to the Commission’s Out of Competition Program;
v. ALEXANDER may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Stewards for any breach of the terms of his licence;
g) ALEXANDER, at the conclusion of his 5-year owner/trainer suspension, must demonstrate to the Director that he is worthy of such a privilege.
DATED this 4th day of June 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Overview
- Licensee Aaron Alexander appealed a decision of the Stewards (Ex. 1, tab 9) wherein he was suspended for 5 years, fined $2,000 and put on probation for a period of 2 years following the completion of his suspension for violating TB Rule Nos. 15.09.01 (a) and 15.19, 16.13 (c), (d) and 24.04.
Background
Legal counsel for the Ontario Racing Commission (ORC), Maureen Harquail, and the appellant’s paralegal representative, Brent Leavey, presented an Agreed Statement of Facts. Exhibit 1, tab 1. The parties’ agreement did not include para 3 on page 006. The information contained in that paragraph related to the statement that farm owner, Ms. Janna. Imrie “was feeding the horses and providing the necessary care”, was confirmed via uncontradicted testimony of ORC Investigator, Jamie Frye.
Mr. Leavey, in his opening remarks informed the Panel that the appeal was primarily on penalty. He contended it was too severe based on the facts.
Ms. Janna Imrie’s testimony confirmed the information contained in Exhibit 1, tab 1, the Agreed Statement of Facts. Her uncontested testimony regarding owner Martin Hinckson telling her that rather than pay for the room and board of his horse, it was preferable to have the horse shot needs further investigation in the view of the Panel. Such comment, if factual, cannot and should not be tolerated by the Commission.
Dr. Bruce Duncan, Supervisor of Standardbred Veterinarians for the ORC, confirmed that he stood by his remarks contained in the last paragraph of his report (Ex. 1, tab 2) as per his January,21, 2010, inspection of the horses at the Imrie farm. That is, “In my opinion allowing horses to get into this condition is inhumane in the extreme.” Mr. Alexander disagreed with Dr. Duncan’s assessment.
Mr. Alexander testified that he fed the horses regularly coming to the Imrie farm around 3:30 a.m. to 4:00 a.m. and that is the reason Ms. Imrie or her staff never saw him feeding the horses. He also submitted that the owners of the horses were satisfied with the manner in which their horses were being kept. No substantiating evidence was presented as to feed bills, letters or testimony from feed suppliers or the owners as to the appellant’s claims. Furthermore, no evidence was led to explain Ms. Imrie’s claim that her counting of the hay gave proof to the fact that Mr. Alexander was not feeding the horses.
Issue
- Did Mr. Alexander violate TB Rules Nos. 15.0