RULING NUMBER COM TB 006/2014
COMMISSION HEARING TORONTO, ONTARIO – JULY 15, 2014
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF DANIEL J. ACORN
Daniel J. Acorn appealed against Ruling Number TB 8686/2014.
Date of Hearing: July 15, 2014
ORC Panel Members: Anthony Williams, Vice Chair
Representative for Appellant: Conrad Cohen Horsemen’s Benevolent and Protective Association
Counsel for the Administration: Jennifer Friedman
The Panel directed that an “Order is to go as set out in the Joint Submission on Disposition in Exhibit 1.”
The Agreed Statement of Facts and Joint Submission on Disposition are attached to this Notice.
Steven Lehman
Executive Director
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c. 20
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
DANIEL ACORN
AGREED STATEMENT OF FACTS
Counsel for the Administration of the Ontario Racing Commission (“ORC”) and ORC Licensee, Daniel Acorn (“ACORN”), who has been advised by his representative Conrad Cohen of Horsemen’s Benevolent and Protective Association (“HBPA”), agree to the following facts in relation to Ruling Number TB 8686/2014:
ACORN is licensed by the ORC as an Owner and a Trainer.
On July 21, 2013, the horse, Jolson, participated in the 9th race at Fort Erie Racetrack and finished 2nd.
At all material times, ACORN was the trainer of Jolson.
Jolson was sent for post race testing: a sample was taken, sealed with tag #73 13173 305, and sent to Maxxam Laboratories for analysis.
On July 30, 2013, a Certificate of Positive Analysis of an Official Sample reported a positive for the class III drug, Acepromazine and its metabolite 2-(1-Hydroxyethyl) Promazine.
On June 17, 2014, the Stewards held a Hearing.
On June 20, 2014, the Stewards issued Ruling Number TB 8686/2014 wherein ACORN was subject to a forty-five (45) day suspension, one thousand five hundred dollar ($1,500) fine, and a two (2) year probation as a consequence of the positive test for Jolson, pursuant to Rules 15.06.01(a), 15.06.01(b), and 15.06.03(c) of the Rules of Thoroughbred Racing (“TB Rules”).
JOINT SUBMISSION ON DISPOSITION
Whereas ACORN has no prior adverse ORC record;
Whereas ACORN has been cooperative and forthright during the investigative process;
Counsel for the Administration of the ORC and ACORN, who has been advised by his representative Conrad Cohen of HBPA, submit that the following disposition is appropriate in these circumstances:
ACORN breached TB Rules 15.06.01(a), 15.06.01(b), and 15.06.03(c) of TB Rules;
ACORN is suspended for a period of forty-five (45) days;
Five (5) days of the suspension shall be the subject of an immediate stay;
ACORN shall serve a forty (40) day suspension, less twenty (20) days already served (June 25 to July 14, 2014);
ACORN shall serve the balance of his suspension from July 15 to August 3, 2014 inclusive.
ACORN is fined in the amount of one thousand five hundred dollars ($1,500);
Seven hundred and fifty dollars ($750) shall be the subject of an immediate stay;
Seven hundred and fifty dollars ($750) of the fine shall be payable to the ORC forthwith;
ACORN shall be placed on probation for two years with the following conditions:
i) ACORN shall keep the peace and be of good behaviour;
ii) ACORN 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) ACORN shall allow ORC investigators to seize any illegal or non-therapeutic medications or drugs found at his area;
iv) ACORN shall be subject to the ORC Out of Competition Program;
v) Should ACORN be responsible for another positive test during the course of his probationary period, the stays of his fine and suspension shall automatically expire;
vi) ACORN 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 14th day of July, 2014
(original signed by)
Conrad Cohen________________________ ___________________________________
Conrad Cohen Daniel Acorn
Representative for the Licensee Licensee
JenniferFriedman___________________
Jennifer Friedman
Counsel for the Administration of the ORC