AMENDED RULING NUMBER COM TB 006/2013
COMMISSION HEARING TORONTO, ONTARIO – MAY 13, 2013
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE RAVENDRA RAGHUNATH APPEAL
Ravendra Raghunath appealed against Ruling Number TB 7949/12.
Date of Hearing: May 13, 2013
ORC Panel Members: Chair Rod Seiling
Representative for Appellant: Conrad Cohen (as a friend)
Counsel for the Administration: Jennifer Friedman
The Panel accepted the Agreed Statement of Facts and Joint Submission on Disposition.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 23rd day of May 2013.
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF STANDARDBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF RAVENDRA RAGHUNATH:
Held Before:
Rod Seiling Chairman
These are the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RAVENDRA RAGHUNATH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of May, 2013.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Conrad Cohen, agent for the licensee Ravendra Raghunath
Hearing continued ...
MR. CHAIRMAN: This is a hearing of the Ontario Racing Commission under the Racing Commission Act of 2000 in the matter of a request for an appeal by licensee Ravendra Raghunath, if I'm pronouncing it right.
MR. COHEN: Right.
MR. CHAIRMAN: Close enough anyway.
MR. COHEN: Yes.
MR. CHAIRMAN: Ms. Friedman, over to you.
MS. FRIEDMAN: Good afternoon, Mr. Chair. I will be acting as counsel on behalf of the Administration. I understand that Mr. Cohen is here to represent the appellant Mr. Raghunath.
MR. CHAIRMAN: As a friend I take it? As a friend?
MR. COHEN: Yes.
MR. CHAIRMAN: Okay.
MS. FRIEDMAN: We have had an opportunity to speak in advance of this matter and we have arrived at an agreed statement of fact and joint submission on disposition.
MR. CHAIRMAN: Okay.
MS. FRIEDMAN: I'd ask that a book of documents be entered as an exhibit as well as the agreed statement of fact.
MR. CHAIRMAN: Okay, so the book of documents will be Exhibit 1 and the agreed statement of fact will be Exhibit 2.
EXHIBIT NO. 1: Administration book of documents.
EXHIBIT NO. 2: Agreed statement of fact.
MR. CHAIRMAN: I think it would be helpful if we read the agreed statement of facts into the record.
MS. FRIEDMAN: Sure. For the purposes of ease of reference the original ruling is tab 14 of Exhibit number 1 which is TB7949/12 dated November 20, 2012 and that is the subject of the appeal and is the basis for the agreed statement of fact and joint submission on disposition. Would you like me to read ‑‑
MR. CHAIRMAN: I think it would be helpful. Generally I like to have it read into the record.
MS. FRIEDMAN: The front page entitled agreed statement of facts. Counsel for the Administration of the Ontario Racing Commission (ORC) and ORC licensee Ravendra Raghunath (RAGHUNATH) through his representative Conrad Cohen of the Horsemen's Benevolent and Protection Association of Ontario (HBPA) agree to the following facts in relation to ruling number TB7949/12. 1. Raghunath was licensed by the ORC as a trainer until his licence expired on March 1, 2013. 2. On July 23, 2012 the horse YOU WOOD tattoo number J21981 participated in the 8th race at Fort Erie Racetrack and finished 1st. 3. At all material times, Raghunath was the trainer of YOU WOOD. 4. Following the race, YOU WOOD was sent to the test barn. A sample was taken, sealed with tag #3164684B, and sent to Maxxam Laboratories for analysis. 5. On July 31, 2012 a Certificate of Positive Analysis of an Official Sample reported a positive for the class III drug, Acepromazine. 6. On November 25, 2012 the Stewards held a hearing. 7. On November 28, 2012 the Stewards issued Ruling number TB7949/12 wherein Raghunath was subject to a sixty day suspension, $1,500 fine and a two year probation as a consequence of the positive test for YOU WOOD pursuant to Rules 15.08.01(a), 15.08.01(b) and 15.08.03(c) of the Rules of Thoroughbred Racing (TB Rules). In accordance with Rule 15.04.03 of TB rules, YOU WOOD was declared unplaced for all purposes with the exception of pari-mutuel wagering, and there was a revised order of finish.
The next page entitled Joint Submission on Disposition. Whereas Raghunath has been cooperative and forthright during the investigative and regulatory processes. Counsel for the Adminstration of the ORC and Raghunath through his representative, Conrad Cohen of the HBPA, submit that the following disposition is appropriate in these circumstances. 1. Raghunath breached TB Rules 15.06.01(a), 15.06.01(b) and 15.08.03(c). 2. Raghunath is suspended for a period of sixty days. 3. Fifteen days of the suspension shall be the subject of an immediate stay. 4. Raghunath shall serve a forty-five day suspension, less thirty days already served (to May 7, 2013 inclusive), for a total of fifteen remaining days (suspension extends to May 22, 2013 inclusive). 5. Raghunath is fined in the amount of $1,500. 6. $750 of the fine shall be the subject of an immediate stay. 7. Raghunath shall pay $750 to the ORC forthwith. 8. Raghunath is place on probation for two years with the following conditions. i) Raghunath shall keep the peace and be of good behaviour. ii) Raghunath shall allow ORC investigators access to his stabling area at any time to conduct unannounced random searches for illegal and non therapeutic medications or drugs. iii) Raghunath shall allow ORC investigators to seize any illegal or non therapeutic medications or drugs found at his area. iv) Raghunath shall maintain a written record of the duties and times that medications and drugs are administered to his horses. v) Raghunath shall allow investigators to inspect his medical records. vi) Raghunath shall be subject to the ORC Out of Competition Program. vii) Should Raghunath be responsible for another positive test during the course of his probationary period, the stays of his suspension and fine shall automatically expire. viii) Raghunath 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. And this was signed on the 2nd day of May, 2013 by the appellant, his representative and myself and that includes the agreed statement of facts and joint submission on disposition.
MR. CHAIRMAN: Mr. Cohen, you are in agreement with what Ms. Friedman just read?
MR. COHEN: Yes, I am.
MR. CHAIRMAN: Thank you. Based on that I am prepared to accept the resolution and agreed statement of facts and commend both of you on resolving this matter. Thank you.
MS. FRIEDMAN: Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
AGREED STATEMENT OF FACTS
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c. 20
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
RAVENDRA RAGHUNATH
Counsel for the Administration of the Ontario Racing Commission (“ORC”) and ORC Licensee, Ravendra Raghunath (“RAGHUNATH”), through his representative, Conrad Cohen of the Horsemen’s Benevolent and Protective Association of Ontario (“HBPA”) agree to the following facts in relation to Ruling Number TB 7949/12:
RAGHUNATH was licensed by the ORC as a Trainer until his licence expired on March 1, 2013.
On July 23, 2012, the horse, You Wood (tattoo number J21961), participated in the 8th race at Fort Erie Racetrack and finished 1st.
At all material times, RAGHUNATH was the trainer of You Wood.
Following the race, You Wood was sent to the test barn. A sample was taken, sealed with tag #316464B, and sent to Maxxam Laboratories for analysis.
On July 31, 2012, a Certificate of Positive Analysis of an Official Sample reported a positive for the class III drug, Acepromazine.
On November 25, 2012, the Stewards held a Hearing.
On November 28, 2012, the Stewards issued Ruling Number TB 7949/12 wherein RAGHUNATH was subject to a sixty (60) day suspension, $1,500 fine, and a two-year probation as a consequence of the positive test for You Wood, pursuant to Rules 15.06.01(a), 15.06.01(b) and 15.06.03(c) of the Rules of Thoroughbred Racing (“TB Rules”). In accordance with Rule 15.04.03 of TB Rules, You Wood was declared unplaced for all purposes with the exception of pari-mutual wagering, and there was a revised order of finish.
JOINT SUBMISSION ON DISPOSITION
Whereas RAGHUNATH has been cooperative and forthright during the investigative and regulatory processes;
Counsel for the Administration of the ORC, and RAGHUNATH, through his representative, Conrad Cohen of the HBPA, submit that the following disposition is appropriate in these circumstances:
RAGHUNATH breached TB Rules 15.06.01(a), 15.06.01(b), and 15.06.03(d);
RAGHUNATH is suspended for a period of sixty (60) days;
Fifteen (15) days of the suspension shall be the subject of an immediate stay;
RAGHUNATH shall serve a forty-five (45) day suspension, less thirty (30) days already served (to May 7, 2013 inclusive), for a total of fifteen (15) remaining days (suspension extends to May 22, 2013 inclusive) ;
RAGHUNATH is fined in the amount of $1,500;
$750 of the fine shall be the subject of an immediate stay;
RAGHUNATH shall pay $750 to the ORC forthwith;
RAGHUNATH is placed on probation for two years with the following conditions:
i) RAGHUNATH shall keep the peace and be of good behaviour;
ii) RAGHUNATH shall allow ORC investigators access to his stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;
iii) RAGHUNATH shall allow ORC investigators to seize any illegal or non-therapeutic medications or drugs found at his area;
iv) RAGHUNATH shall maintain a written record of the dates and times that medications and drugs are administered to his horses;
v) RAGHUNATH shall allow Investigators to inspect his medical records;
vi) RAGHUNATH shall be subject to the ORC Out of Competition Program;
vii) Should RAGHUNATH be responsible for another positive test during the course of his probationary period, the stays of his suspension and fine shall automatically expire;
viii) RAGHUNATH 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.
Respectfully submitted this 02 day of May, 2013.
Original signed by: Original signed by:
Ravendra RAGHUNATH Conrad Cohen Representative for licensee
Original signed by:
Jennifer Friedman
Counsel for the Administration of the ORC