On May 11, 2009, the executive director of the Ontario Racing Commission issued an order of immediate suspension to ORC licensee Ross Siddall

. The executive director also issued a notice of proposed order to suspend the licence of Siddall for 10 years with a $40,000 fine.

On May 27, 2009, Siddall filed a notice of appeal.

On August 19, 2009, a panel of the Ontario Racing Commission consisting of chair Rod Seiling, commissioner Brenda Walker, and commissioner Bernard F. Brennan, DVM, was convened to hear this matter.

Brian Tropea acted as Siddall’s representative. Jennifer Friedman appeared as counsel for the administration.

Upon considering the agreed statement of facts, hearing the testimony of Oleh Kupraty, Dr. Bruce Duncan, Desmond Waithe and Siddall, reviewing the exhibits filed, and upon hearing the closing submissions, the panel ruled, among other things, as follows:

• i) The panel reduces Siddall’s fine to $20,000, but leaves the suspension as assessed by the director at 10 years.
• ii) The evidence is clear, the only reason a person would administer aranesp to a horse is to enhance performance.
• iii) To depart from the 10-year penalty for such a serious violation without compelling mitigating factors would send a signal that is not true, there is no abatement by the commission in its efforts to eradicate the use of illegal, non-therapeutic drugs in horse racing in Ontario. Siddall’s suspension is appropriate.

The panel’s reasons for decision can be read by viewing a copy of the ORC release.

(With files from the ORC)