The Ontario Racing Commission has ruled on an appeal by horseman Don Gillis, Jr.

On Wednesday, October 28, 2009, the Gillis-owned, trained and driven horse Twin B Beau was entered as Horse 7 in Race 3 at Sudbury Downs.

Twin B Beau was not competing on Furosemide. The horse was selected by the Track Judges for total carbon dioxide, (TCO2), testing.

On Friday, October 30, 2009, the TCO2 confirmed test result was 37.9 millimoles per litre of blood. On Saturday, December 5, 2009, following a Hearing for Gillis, a panel of Track Judges at Sudbury Downs found Gillis in violation of Rule 22.38 (a) of the Rules of Standardbred Racing.

The panel imposed a penalty upon Gillis which included the following:

• (i) a $1,500 fine;
• (ii) a 180-day full suspension.

On Tuesday, December 15, 2009, Gillis filed a Notice of Appeal. On Thursday, December 17, 2009, Gillis was granted a stay of the penalty, without prejudice, until Tuesday, February 23, 2010.

On Monday, February 15, 2010, Gillis requested:

• (i) that his Hearing be restricted to an appeal against penalty alone;
• (ii) that the stay of his suspension be cancelled.

On Friday, February 19, 2010, the stay of suspension was revoked. On Tuesday, February 23, 2010, an ORC panel, consisting of Chair Rod Seiling, was convened to hear the appeal by Gillis. Gillis appeared in person. Gillis was not represented by counsel or agent. Anthony Williams appeared as counsel for the administration.

Upon reading the materials filed and upon hearing the submissions of both parties, the panel ordered as follows:

• (i) the appeal by Gillis against penalty is denied;
• (ii) the penalty imposed by the Track Judges is confirmed:
• (a) a $1,500 fine;
• (b) a full suspension of 180 days;
• (iii) mitigating circumstances will result in a variation of the suspension as follows:
• (a) the final 60 days of the full suspension will be subject to a conditional stay for 2 years.

For 2 years, Gillis must:

• (i) commit no further violation of Policy Directive No. 1- 2008 (violations of Equine Drug, TCO2 and non-therapeutic Drug Offences); commission of such a violation will result in the imposition of a 60-day suspension, consecutive to any other penalty imposed upon Gillis for such a violation.

Gillis has already served 12 days of the suspension. The remnant of the 120 days not subject to a stay (108 days) will commence on Tuesday, February 23, 2010, and will expire on Tuesday, June 8, 2010.

To view an official copy of the ORC decision, click here.

(With files from the ORC)