RULING NUMBER COM SB 029/2014

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 17, 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 JAMES RITCHIE

James Ritchie, licence # F10766, appealed against Ruling Number SB 45966.

Date of Hearing: November 17, 2014

ORC Panel: John W. Macdonald, Commissioner

Appellant: Self-represented

Counsel for the Administration: Angela Holland

The Panel upheld the ruling of the Judges for 15 days full suspension and a fine of $1,000.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.

DATED at Toronto this 17th day of November 2014.

______________________________

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 JAMES RITCHIE:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JAMES RITCHIE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 17th day of November, 2014.

Appearances:

Angela Holland,

for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Thank you both. I see no reason to disturb the Judges' decision, Mr. Ritchie. They have done basically just about the lowest penalty they could possibly do by doing that and as counsel said and you understood the trainer responsibility rule. If there was an error in how the test was taken it was not obvious because the time matches when it was taken. It is unfortunate that you felt that you were misled that the horse hadn't pee'd so that the urine sample wasn't sufficient as far as you knew but it turned out that it was sufficient in order to be able to do the test to find that there were prohibited substances in the horse's system. You mentioned the number of difficulties you have had in trying to prepare for this case. You did speak to your vet and he was as helpful as he could. It remains unknown from your perspective obviously as to how the horse got the prohibited drugs in its system. Unfortunately for you the trainer responsibility rule is such that unless you can demonstrate that it came from some other source the responsibility ends up on your shoulders and therefore the decision of the judges will be upheld and it's fifteen days and a thousand dollar fine. Thank you.

MS. HOLLAND: Thank you, sir.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths