RULING NUMBER COM SB 019/2013
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 ROBERT SHEPHERD APPEAL
Robert Shepherd appealed against Ruling Number SB 45049.
Date of Hearing: May 13, 2013
ORC Panel Members: Chair Rod Seiling Commissioner John Macdonald
Representative for Appellant: Self-represented
Counsel for the Administration: Angela Holland
The Panel denied the appeal.
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
STANDARDBRED 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 ROBERT SHEPHERD:
Held Before:
Rod Seiling Chairman
John Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROBERT SHEPHERD, 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:
Angela Holland,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony and reviewing the evidence the panel denies the appeal but varies the fine. We are going to stay $1,000 of the fine. Mr. Shepherd will be put on probation for two years with the normal conditions that he will keep the peace ‑‑
MR. BROWN: He is already on probation.
MR. CHAIRMAN: He is already on probation. Well, then that will extend starting as of today. So those conditions remain. If over that time period of two years Mr. Shepherd should get a positive test for either a Class I, II or III, medication or drug I should say, the stay is automatically lifted and $1,000 becomes automatically payable. Mitigating factors that helped us determine this decision. There was no attempt to affect performance. The overage was from an electrolyte administration to help the horse's condition not through a TCO2 administration and Mr. Shepherd's previous good record and his cooperation with the ORC. We are concluded. Thank you. Mr. Shepherd, do you understand what just transpired?
MR. SHEPHERD: Yes.
MR. CHAIRMAN: Okay.
MS. HOLLAND: Mr. Chair, about the probation. He is already on two years probation.
MR. CHAIRMAN: It will be starting - we are starting probation as of today.
MR. BROWN: I think it is already. It was to start after the original 45 days.
MR. CHAIRMAN: Okay. I wasn't sure so I wanted to make sure it is effective as of today.
MR. BROWN: So it is two years starting from the date of the ruling.
MR. CHAIRMAN: Yes. Thank you.
MS. HOLLAND: Thank you.
MR. SHEPHERD: Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths