Vito Armata v. Ontario Racing Commission, 2010 CanLII 99110

RULING NUMBER COM TB 019/2010

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 8, 2010

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

AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING

OF THOROUGHBRED LICENSEE VITO ARMATA

Thoroughbred licensee Vito Armata, (“ARMATA”), appealed Stewards’ Ruling (TB 6577/10), dated July 11, 2010, wherein he was suspended for a period of 45 days, fined $1,500, and placed on probation for two years upon completion of his suspension, as a result of a positive test for the Class III drug Acepromazine, taken from the thoroughbred horse, “Molinaro Gioello”, trained by ARMATA, which finished 2^nd in the 3^rd race at Woodbine Racetrack on April 4^th, 2010.

On September 8, 2010, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner John W. Macdonald as Chair, Commissioner David Gorman, and Commissioner Dan Nixon, was convened to hear the appeal.

Angela Holland appeared as counsel for the Administration, ARMATA attended the hearing and Dan McMahon appeared as counsel for ARMATA.

Upon hearing the testimony of Senior Steward William McMahon, Investigator Rick Grant, Darlene DiPaola, Heidi Kuschnik, Barbara Morrissey, Graeme Conlon, Lydia Brooks, Robert Jordon, Conrad Cohen and ARMATA, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the Administration and counsel for ARMATA, the Panel denied the Appeal. The penalty remains as follows:

i. ARMATA is suspended for 45 calendar days, (October 13, 2010 – November 26, 2010);

ii. ARMATA is fined $1,500, fine to be payable upon completion of suspension;

iii. Upon reinstatement, ARMATA will be on probation for two years (November 27, 2010 – November 26, 2012), with the following terms:

1. The licensee shall keep the peace and be of good behaviour;

2. 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;

3. The licensee shall allow Commission investigators to seize any illegal or non-therapeutic medications or drugs found at this area;

4. The licensee shall be subject to the Commission’s Out of Competition Program;

5. The licensee 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 license.

The appellant also brought a motion to allow the appeal or alternatively stay the proceedings of the appellant or alternatively any other remedy as authorized by S. 24 of the Charter of Rights and Freedoms, on the basis that there had been a denial of the appellant’s rights as guaranteed by S. 7 of the Charter of Rights and Freedoms, as a result of inter alia, an inability to have a second test completed on the blood sample taken from the horse “Molinaro Gioello”.

With respect to the motion, the Panel concluded that ARMATA had not been denied an opportunity to make full answer and defence to the outstanding charges, and found that ARMATA had not been denied his Charter rights.

The Panel’s Reasons for Decision is attached to this Ruling.

Dated at Toronto this 7^th day of October, 2010

BY ORDER OF THE COMMISSION

Rob McKinney

Acting Executive Director