RULING NUMBER COM TB 011/2013

COMMISSION HEARING TORONTO, ONTARIO – JULY 17, 2013

NOTICE OF DECISION

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

AND IN THE MATTER OF THE MARILYN McMULLEN AND

PASQUALE PARENTE APPEALS

Marilyn McMullen (“McMullen”) and Pasquale Parente (“Parente”) appealed against Ruling Numbers TB 7951/12 and TB 7952/12 respectively.

Date of Hearing: July 17, 2013

ORC Panel Members: Chair Rod Seiling

Commissioner Brenda Walker

Commissioner John W. Macdonald

Counsel for Parente: Daniel McMahon

Representative for McMullen: Conrad Cohen (as a friend)

Counsel for the Administration: Jennifer Friedman

The Panel denied the appeal but varied the penalty.

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

DATED at Toronto this 23^rd day of July 2013.

______________________________

Steven Lehman

Executive Director

REASONS FOR DECISION

Overview

1. Licensees Marilyn McMullen and Pasquale Parente appealed Ontario Racing Commission (ORC) Stewards decisions TB 7951/12 issued on November 29, 2012 and TB 7952/12 issued on November 29, 2012, respectively wherein each was suspended for 15 days and fined $1,000 for violating TB Rule No. 15.06.03 (c). Both individuals were granted stays.

2. An oral decision was rendered denying the appeal but varying the penalty. Ten of the 15 days for each appellant were stayed with the $1,000 fine remaining. The purses for each race were ordered to be released based on the revised order of finish for each race. Both trainers were to contact the Stewards to identify the effective date for each suspension. If either trainer receives a positive test within the next year, the stay will automatically be rescinded. Each trainer is put on probation for two years with the normal terms and conditions.

3. Written reasons were to follow. These are those reasons.

Background

4. Mr. Parente was the trainer of the horse, No Appreciation, when it raced at Woodbine on August 31, 2012 in the 10^th race and finished first. Following a post race test, a Certificate of Positive Analysis was issued September 10, 2012 for the Class IV drug, ketoprofen.

5. Ms. McMullen was the trainer of the horse, Ocala Sun, when it raced at Fort Erie on September 30, 2012 in the 6^th race and won. A subsequent post race test resulted in a Certificate of Positive Analysis for the Class IV drug, ketoprofen issued on October 9, 2012.

6. As per the Rules of Thoroughbred Racing, TB 15.06.03 (c), both violations are absolute liability offences. The penalty