ORC Rules On Rose Appeal

Published: July 8, 2009 11:03 am EDT

This morning the Ontario Racing Commission (ORC) released a ruling on the appeal of trainer Rebecca Rose in regards to Thistrain Wontstop, who tested positive for Caffeine, Theobromine and Theophylline after finishing second in the seventh race at Flamboro Downs on January 18, 2009

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Initially, the Judges issued Standardbred Official Ruling SB 40641 wherein a one-year suspension and a fine of $5,000 were imposed upon Rose as a consequence of a class II positive. In addition, the Judges issued Standardbred Official Ruling SB 40642 to Rose wherein conditions were to be placed on Rose’s licence upon reinstatement for a two year probationary period.

Upon considering the Agreed Statement of Facts, hearing the testimony of Dr. Weatherston DVM, Rose, ORC Investigator Oleh Kupraty, and ORC Judge Rick Rier, reviewing the evidence filed, and upon hearing the closing submissions, the Panel allowed the appeal in part as follows:

  • 1. The Panel reduces both the penalty and fine as assessed in SB Ruling No. 40641. The penalty is reduced to 6 months with time already served to count and the fine is reduced to $2,500.
  • 2. Ms. Rose is directed to co-ordinate the dates with the Judges at Flamboro Downs.
  • 3. Ruling SB 49642 remains as assessed by the Judges.

Upon reinstatement, the conditions on Rose’s licence for a two-year probationary period are as follows:

  • 1. The Licensee shall keep the peace and be of good behaviour;
  • 2. The Licensee shall allow Commission investigators access to his/her stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;
  • 3. The Licensee shall allow Commission investigators to seize any illegal or non-therapeutic medications or drugs found at his/her stabling area; and
  • 4. The Licensee shall be subject to the Commission’s Out of Competition Program.
  • 5. The Licensee may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Judges or Stewards for any breach of the terms of their licence.

To view an official copy of the ruling, click here.

(With files from the ORC)

Comments

This comment is directed towards the Ontario Racing Commission decision makers. Could you explain to me why the initial assessment for R. Rose was altered and more importantly how can you give her releif for time served when she never stopped training and racing horses. Time served is when you are removed from the activity you were involved in. Please give us a BREAK either you are strict or you are wishy washy make up your mind and help not hinder the use of illegal medications on our animals.

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