Ontario Racing Commission judges have released their decision regarding the hearing of trainer Patrick Fletcher. The hearing was held in regard to Fletcher's alleged use of suspended veterinarian Blaine Kennedy

for the horse Flamewalker.

The decision in regard to a penalty was by a majority decision. One judge dissented.

The majority decision, complete with reasons and the names of the judges undersigned, appears below in its entirety.

The majority decision is then followed by the dissenting decision, which also appears in its entirety with the judge undersigned

The judges work in panels of three judges. The majority decision stands.

As a result of an investigation into an alleged use of ORC suspended veterinarian Blaine Kennedy by trainer Patrick Fletcher, at the Fintec training facility, on or about January 8, 2010, Mr. Fletcher was charged with violations of ORC rules 1.09, 6.20(a) (b) (c), 6.27, and 26.17.

On February 10, 2010 Judges William Maertens, Don Lawrence and Rick Rier held a hearing to deal with the alleged use of suspended veterinarian Blaine Kennedy and the resulting charges.

Mr. Fletcher represented himself. Karan Fletcher was also in attendance.

After hearing the testimony of Patrick Fletcher and taking into consideration the agreed upon evidence in the report of investigator Biernes, the judges find that Patrick Fletcher did indeed use suspended veterinarian Blaine Kennedy for the horse Flamewalker, on or about January 8, 2010 and is therefore in violation of ORC rules 1.09, 6.20(b), 26.17. The judges have issued ruling SB41292 whereby Mr. Fletcher is fully suspended for a period of 60 days plus a fine of $1,500, and ruling SB41293 whereby Mr. Fletcher is placed on probation for a period of 2 years with the following conditions:

• 1) Mr. Fletcher shall keep the peace and be of good behaviour.
• 2) Mr. Fletcher shall allow any and all ORC investigators unrestricted access to his stable for the duration of the probation.
• 3) Failure to comply with any and all conditions of the probation shall result in an immediate suspension for the remainder of the probation, in addition to any penalties assessed by the Judges at the time.

The Judges also find that Mr. Fletcher deliberately misled investigator Biernes in his statement of January 17, 2010 and have issued ruling SB41292 whereby Mr. Fletcher is fined $500 for violating ORC rule 6.27.

Findings of Fact:

• The horse “Flamewalker” injured his jaw on Christmas Day while in the care of trainer Dave Menary
• “Flamewalker” raced at Woodbine Racetrack on January 4, 2010
• “Flamewalker” was placed under the care of Patrick Fletcher, at the Fintec training facility on January 7, 2010.
• “Flamewalker” was x-rayed by suspended veterinarian Blaine Kennedy on January 8, 2010.
• Mr. Fletcher has a credibility problem. In Patrick Fletcher’s statement to investigator Biernes on January 17, 2010 Mr. Fletcher stated “Blaine Kennedy did not treat this horse or any other horse in this barn”, and that he (Mr. Fletcher) “doesn’t recall ever seeing Mr. Kennedy on the farm”. With respect to “Flamewalker”, Mr. Fletcher indicated that the horse had three displaced teeth and a cut on his gum and that “I did not think it was serious” and added “the horse was eating fine with no temperature and the horse was not in distress”.
• Investigator Biernes interviewed Patrick Fletcher again on January 20, 2010 and Mr. Fletcher was shown the comments that owner Bert Smith had posted on harnessdriver. In his statement on January 20, 2010, Mr. Fletcher confessed that he did use Blaine Kennedy. He (Patrick Fletcher) stated that he did not call Blaine to the farm as “Blaine is constantly at the farm trying to get business”. According to Mr. Fletcher, he (Fletcher) thought that this was potentially an emergency situation. Blaine took two digital x-rays and the jaw was not broken, but there was an infection. The horse was treated with bute and penicillin. Mr. Fletcher indicated that the digital x-rays were deleted. Then at the hearing Mr. Fletcher stated that he did not know if the x-rays were deleted. He now says that he has seen Blaine Kennedy at the farm only about once a month.
• At the hearing Mr. Fletcher testified that “Flamewalker” was not eating much, three teeth were displaced and the gums were black, the horse had a temperature of 103 and the horse seemed distressed. He stated that he saw Kennedy drive by and I asked Kennedy to look at the horse”. Mr. Fletcher stated that he thought it was an emergency, and had only the best interests of the horse in mind.
• Mr. Fletcher stated there were no vets in the area that would answer an emergency call. He had attempted to get a vet to come out on a Sunday some time ago without success. It was a one hour drive to Dr. Goodrow, a vet that Mr. Fletcher uses.
• Mr. Fletcher did not make any attempt to contact a licensed vet.
• Mr. Fletcher has consistently acknowledged that he was aware that Mr. Kennedy was under suspension by the ORC.
• “Flamewalker” was suffering from an infection. There was no broken jaw.

After considering all of the evidence, the judges find that Patrick Fletcher did indeed use suspended veterinarian Blaine Kennedy and was in violation of ORC rules 1.09, 6.20(b), 6.27, and 26.17.

In his 'speak to penalty' Mr. Fletcher stated that: