Ontario Racing Commission
TB
RULING NUMBER COM TB 001/2011
COMMISSION HEARING TORONTO, ONTARIO – JANUARY 12, 2011
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 EARLE NUGENT
On October 26, 2010, the Stewards issued Thoroughbred Official Ruling TB 6887/10 wherein Earle Nugent, DVM, (Nugent) was given the penalty of a one-day suspension (served October 23, 2010) and a fine of $100 for violation of Rule 38.08 (a) (1) of the Rules of Thoroughbred Racing while performing the duties of Official Veterinarian at Fort Erie Racetrack on October 23, 2010.
On November 17, 2010, Nugent filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred Racing.
On January 12, 2011, a Panel of the Ontario Racing Commission (ORC) comprised of Commissioner Brenda Walker, convened for the purpose of hearing this matter.
Rick Rier appeared on behalf of the Administration of the ORC. Nugent attended the Hearing and was represented by Michael Peterson.
After reviewing the evidence, hearing the testimony of Jeremy Locke, Pamela Bray, Stewards Bill McMahon, and Fenton Platts, and upon considering the closing submissions, the Panel disallowed the appeal and upheld the ruling of the Stewards.
The Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 14th day of January 2011.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director
REASONS FOR DECISION
Earle Nugent, DVM, appealed Stewards’ Ruling TB 6887/2010 issued against him on October 26, 2010 wherein he was suspended for one (1) race day October 23, 2010, and fined $100 for violation of Rule 38.08 (a) (1).
Counsel for Dr. Nugent was Michael Peterson. Rick Rier acted for the Ontario Racing Commission (ORC).
Evidence was given by Stewards William McMahon and Fenton Platts, Pam Bray, Jeremy Locke and Dr. Nugent.
After hearing the evidence and receiving collaborating documents from Driver Check and Alcohol Countermeasures Systems and hearing all testimonies, the fact remains that the blood alcohol level was over the allowable limit. No testimony was given to challenge the credibility of the test or its operator.
For these reasons the appeal has been disallowed. The suspension and fine remain.
DATED this 14th day of January 2011.
Brenda Walker Commissioner