ORC Rules On Murray/Barr Appeal

Published: October 26, 2010 03:15 pm EDT

The Ontario Racing Commission today released its ruling, dated September 14, 2010, in regard to the appeal of Barrie Murray and Bradley Barr

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Murray is licensed by the ORC as a driver/trainer/owner, while Barr is licensed as a groom/owner.

On May 24, 2009, Flanagan Speed, a horse for which Barr was the registered owner and Murray the registered trainer, was entered in the ninth race at Rideau Carleton Racetrack. During the race, the horse was pulled up by its driver and did not finish. On the way home from the racetrack, Flanagan Speed was found dead in the trailer by Barr.

An investigation into Flanagan Speed’s death indicated high levels of Reserpine, a Class II prohibited drug, in the horse’s blood. On this basis, the director issued Notices of Proposed Orders to suspend the licenses of both Murray and Barr for three years.

Murray and Barr appealed the Notices of Proposed Orders.

On September 14, 2010, an ORC panel consisting of vice-chair James Donnelly, commissioner John Macdonald and commissioner David Gorman was convened to hear the appeals.

Angela Holland appeared as counsel for the administration, Gerry White appeared as counsel for both Murray and Barr, and Murray and Barr attended in person.

Upon consent of Murray and Barr and the administration, the appeals were heard together.

Upon hearing the testimony of investigator Charles Beirnes, Dr. Lynne Blackburn, Dr. Mike Weber, Dr. Bruce Duncan, Murray and Barr, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the administration and counsel for Murray and Barr, the panel dismissed Murray’s appeal but varied the penalty and allowed Barr’s appeal.

Murray’s penalty was varied as follows:

  • i. Murray is suspended for one year, October 26, 2010 – October 25, 2011; and
  • ii. Murray is fined $5,000.

The panel’s reasons for decision can be read in the official ORC ruling.

(With files from the ORC)

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