RULING NUMBER COM TB 001/2013
COMMISSION HEARING TORONTO, ONTARIO – JANUARY 16, 2013
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING THOROUGHBRED LICENSEE CARLO FUOCO
On November 28, 2012, the Stewards issued Ruling Number TB 7947/12 wherein a sixty-day full suspension, $1,500 fine, and a two-year probation were imposed upon Carlo Fuoco (licence number 116344, “FUOCO”) for violating Rules 15.06.01(a) (b) and 15.06.03(c) of the Rules of Thoroughbred Racing (“TB Rules”) as a consequence of a Class III positive for Acepromazine.
On November 29, 2012, FUOCO filed a Notice of Appeal and requested a stay.
On December 3, 2012, the Deputy Director of the Ontario Racing Commission (“ORC”) issued Ruling Number TB ADMIN 72/2012 wherein FUOCO’S request for a stay was denied.
Counsel on behalf of FUOCO notified the Administration of the ORC that FUOCO wished to appeal the denial of a stay.
On December 7, 2012, counsel on behalf of FUOCO advised counsel on behalf of the Administration of the ORC that he wished to withdraw his appeal of the denial of a stay.
On January 16, 2012, a Panel of the ORC, comprised of Commissioner John Macdonald, was convened for the purpose of hearing the withdrawal of the appeal.
FUOCO represented himself. Jennifer Friedman appeared on behalf of the Administration of the ORC.
Upon hearing the submissions of FUOCO and counsel, the Panel ordered the following:
a) The withdrawal of the appeal is allowed;
b) In accordance with Policy Directive No. 3-2010, FUOCO shall pay costs to the Administration of the ORC in the amount of $575.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 22nd day of January 2013.
BY ORDER OF THE COMMISSION
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CARLO FUOCO
Held Before:
John Macdonald, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: CARLO FUOCO, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of January, 2013.
Appearances:
Jennifer Friedman,
counsel for the Ontario Racing Commission Administration
Hearing continued …
MR. CHAIRMAN: The timing is unfortunate, sir, but it was just made a little too late so the request from the Administration I find that the fine of $575.00 is reasonable so I will order that that amount should be paid for the withdrawal. Thank you. Anything further, counsel?
MS. FRIEDMAN: No, thank you.
MR. CHAIRMAN: Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
RULING NUMBER COM TB 004/2013
COMMISSION HEARING TORONTO, ONTARIO – FEBRUARY 13, 2013
AMENDED NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE CARLO FUOCO APPEAL
Carlo Fuoco (“Fuoco”) appealed against Ruling Number TB 7947/12.
Date of Hearing: February 13, 2013
ORC Panel Member: Vice Chair Anthony Williams
Representative for Appellant: self-represented
Counsel for the Administration: Jennifer Friedman
The Panel approved an Agreed Statement of Facts and Joint Submission on Disposition.
The Agreed Statement of Facts and Joint Submission on Disposition is attached to this Notice.
DATED at Toronto this 20th day of February 2013.
Steven Lehman
Executive Director