RULING NUMBER COM SB 006/2015
COMMISSION HEARING TORONTO, ONTARIO – MARCH 25, 2015
NOTICE OF DECISION
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 ROSS BATTIN
Ross Battin, licence # B44657, appealed against Ruling Number SB 46419 wherein the horse, Youths Awesome, was suspended for 90 clear days for violation of Rules 11.10.01 (i) 2 and 20.01.01 (i) 2 of the Rules of Standardbred Racing, in the 8^th^ race at Western Fair Raceway on February 9, 2015.
Date of Hearing: March 25, 2015
ORC Panel: Sandra Meyrick, Commissioner
Representative for the Appellant: Self-represented
Counsel for the Administration: Catalin Tripon
Decision: The Panel accepted an Agreed Statement of Facts.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 8^th^ day of April 2015.
Steven Lehman
Executive Director
Ontario Racing Commission
Commission des courses de l’Ontario
Suite 400 10 Carlson Court Toronto, Ontario M9W 6L2 Tel 416 213-0520 Fax 416 213-7827
Bureau 400 10 Carlson Court Toronto (Ontario) M9W 6L2 Tél 416 213-0520 Téléc 416 213-7827
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. 2000, C.20
AND IN THE MATTER OF THE REQUEST FOR HEARING OF ROSS BATTIN
AGREED STATEMENT OF FACTS
The licensee Ross Battin and the Counsel for the Administration of the Ontario Racing Commission agree to the following facts:
Ross Battin (“Battin”), (licence number B44657) is licensed by the Ontario Racing Commission (“ORC”) as a, Owner/Driver/Trainer.
On February 9, 2015, the horse YOUTHS AWESOME (tattoo number 1HL24) trained and co-owned by Battin, participated in the 8^th^ race at Western Fair Raceway and finished first. A urine specimen was then collected for screening.
On February 18, 2015, a Certificate of Positive Analysis was released by Maxxam Laboratories indicating that the urine specimen obtained from the horse YOUTHS AWESOME tested positive for the Class 2 drug Ractopamine.
Following the receipt of the Certificate, on February 20, 2015, the judges at Western Fair Raceway issued the Ruling SB 46419 pursuant to Standardbred Rules 11.10.01(2) and 20.01.01(i)(2), suspending the horse YOUTHS AWESOME for 90 clear days until May 20, 2015.
On the same date, by Ruling SB 46418, Battin was suspended for an indefinite period pending the outcome of the investigation relating to the cause of the Ractopamine positive testing of his horse, pursuant to Standardbred Rule 9.08.01(b)(ii).
On February 23, 2015, Battin filed a request for stay and appealed the Rulings SB 46418 and 46419 of February 20, 2015.
On February 25, 2015, by Ruling SB 10/2015 and Ruling SB 11/2015, the Executive Director of the ORC denied the stay of the 90 days suspension of the horse, and of the indefinite suspension of Battin, respectively.
Following the investigation, the judges at Western Fair Raceway rendered Ruling SB 46421 on March 4, 2015, reinstated Battin’s licence, setting a probation period of two years with conditions upon reinstatement.
Battin is now seeking to appeal the Director’s Ruling 10/2015 denying the stay of the 90 days suspension of the horse YOUTHS AWESOME.
Joint Recommendation With Respect to Penalty
- The ORC Administration and Battin jointly submit for the Panel’s consideration that the following disposition is appropriate in these circumstances:
i. The 90 days suspension of his horse YOUTHS AWESOME be stayed pursuant to Rule 24.01 of Standardbred Racing without prejudice, with the following conditions:
a. During the stayed suspension period of 90 days, the horse YOUTHS
AWESOME shall not test positive for Ractopamine or other prohibited drug;
b. During the stay of the 90 days suspension, Battin delivers proof that the horse YOUTHS AWESOME provided a clear/negative sample, prior to race.
ii. Any breach of the conditions will result in an immediate reinstatement of the 90 days suspension of the horse and any such further sanctions at the discretion of the Deputy Director.
Dated at Toronto, Ontario, this 25^th^ day of March, 2015
(original signed by Ross Battin
Ross Battin
Dated at Toronto, Ontario, this 25^th^ day of March, 2015
(original signed by) Catalin Tripon
Catalin Tripon
Counsel
ORC Administration
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 ROSS BATTIN:
Held Before:
Sandra Meyrick Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROSS BATTIN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 25th day of March, 2015.
Appearances:
Catalin Tripon, for the Ontario Racing Commission Administration
Hearing continued ...
CATALIN TRIPON: The licensee Ross Battin and the counsel for the Administration of the Ontario Racing Commission agree to the following facts: Ross Battin, hereinafter Battin, licence number B44657, is licensed by the Ontario Racing Commission, hereinafter ORC, as an owner, driver and trainer. On February 9^th^, 2015, the horse YOUTHS AWESOME, tattoo number 1HL24, trained and co-owned by Battin, participated in the 8^th^ race at Western Fair Raceway and finished 1^st^. A urine sample was then collected for screening. On February 18^th^, 2015 a certificate of positive analysis was released by Maxxam Laboratories indicating that the urine specimen obtained from the horse YOUTHS AWESOME tested positive for the Class 2 drug Ractopamine. Following the receipt of the certificate on February 20^th^, 2015 the Judges at Western Fair Raceway issued the ruling SB 46419 pursuant to Standardbred Rules 11.10.01 (i) 2 and 20.01.01 (i) 2 suspending the horse YOUTHS AWESOME for 90 clear days until May 20^th^, 2015. On the same date by ruling SB 46418 Battin was suspended for an indefinite period pending the outcome of the investigation relating to the cause of the Ractopamine positive testing of his horse, pursuant to Standardbred Rule 9.08.01(b)(ii). On February 23, 2015 Battin filed a request for stay and appealed the rulings Sb 46418 and 46419 of February 20^th^, 2015. On February 25^th^, 2015, by Ruling Sb 10/2015 and Ruling SB 11/2015, the Executive Director of the ORC denied the stay of the 90 days suspension of the horse, and of the indefinite suspension of Battin, respectively. Following the investigation, the judges at Western Fair Raceway rendered ruling SB 46421 on March 4^th^, 2015, reinstated Battin’s licence, setting a probation period of two years with conditions upon reinstatement, that Mr. Battin is seeking to appeal the Director’s ruling 10/2015 denying the stay of the 90 days suspension of the horse YOUTHS AWESOME. The joint recommendation with respect to the penalty is as follows. The ORC Administration and Battin jointly submit for the panel’s consideration that the following disposition is appropriate in these circumstances. (i) the 90 days suspension of his horse YOUTHS AWESOME be stayed pursuant to rule 24.01 of Standardbred Racing Rules without prejudice, with the following conditions: (a) during the stayed suspension period of 90 days, the horse YOUTHS AWESOME shall not test positive for Ractopamine or other prohibited drug: (b) during the stay of the 90 days suspension Battin delivers proof that the horse YOUTHS AWESOME provided a clear or negative sample prior to race and any breach of the conditions will result in an immediate reinstatement of the 90 days suspension of the horse and any such further sanctions at the discretion of the Deputy Director. It was dated today March 25^th^ and signed in Toronto, Ontario by Mr. Ross Battin present here and the undersigned Catalin Tripon.
MADAME CHAIRMAN: Mr. Battin, do you have any comments in relation to the minutes that are being filed, the statement of agreed facts?
MR. BATTIN: Not really I guess. I don’t know.
MADAME CHAIRMAN: Do you agree with those terms?
MR. BATTIN: Well …
MADAME CHAIRMAN: Do you understand the terms?
MR. BATTIN: Well, yes and no. Like it doesn’t state in there anywhere that the horse was like a feed contaminant that the horse got the positive test and I got the results back from the lab. It came this morning I guess and the horse is Ractopamine free now.
MR. TRIPON: I can confirm we received this morning the results from the Maxxam Laboratories and yes, the horse is free of Ractopamine. We would still like to have the condition stated here. As to the nature or the source of Ractopamine that’s on the merits of the case. I cannot make a statement at this point in time. However, this being a decision with respect to the 90 days suspension, as long as it is stayed, the horse will be taken off the list and it can race again.
MADAME CHAIRMAN: Right. Is there going to be a hearing on this matter?
MR. TRIPON: I don’t think so because in what Mr. Battin is concerned, to the best of my knowledge, his case has been already solved and I apologize. If I may, just one second. His licence was reinstated.
MR. BATTIN: You mean with the judges at the track?
MADAME CHAIRMAN: No, I mean here at the ORC if there was going to be a further hearing because this is a stay application. This is not the hearing. It is just a stay application in relation to the suspension and often we have those applications but then we have a hearing on the merits of the thing later but I gather that is not going to likely happen in your case.
MR. TRIPON: So to the best of my knowledge there was a ruling SB 46421 on March 4^th^ and your licence has been reinstated and you are on probation.
MR. BATTIN: Yes.
MR. TRIPON: So my understanding is the judges concluded that at least he has the benefit of the doubt. He had nothing to do with the source of Ractopamine.
MADAME CHAIRMAN: Right.
MR. TRIPON: In this case I think the source of the Ractopamine, whether it is the feed company or any other source, has nothing to do with Mr. Battin.
MADAME CHAIRMAN: I think you are being waived down. There is something that wants to be said behind you.
MR. WILSON: Well, I can speak to it if you want.
MADAME CHAIRMAN: No, it is fine. I understand the implications. I want to make sure that Mr. Battin understands what he is entering into and I think the nature of this offence or the problem with the positive test is that it is an absolute liability offence. So what they have agreed to is to suspend the stay so that you can race, provided the horse remains clear of any further positive tests.
MR. BATTIN: Right.
MADAME CHAIRMAN: And I gather you understand that, that those are the terms and that you are prepared to enter into such an agreement?
MR. BATTIN: Yes.
MADAME CHAIRMAN: And that’s all I wanted to know. Where this came from and so on would be for a much larger hearing. It is really as long as you are consenting to the terms then I’m prepared to make the order so the stay is suspended and your horse can race on those terms, the three terms that were cited and you are content with that I take it?
MR. BATTIN: I am.
MADAME CHAIRMAN: Okay, if you could file that. I’ll mark that as an exhibit please.
MR. TRIPON: And Mr. Battin received a copy already.
MADAME CHAIRMAN: Okay, so the agreed statement of facts which is dated March 25^th^, 2015 will be marked as Exhibit 1 in this matter and it will be converted to an order. Thank you very much for attending this morning, sir and the very best of luck.
MR. BATTIN: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths