The Ontario Racing Commission today released rulings in regarding standardbred racing participants Isaac Waxman, Chris Christoforou, Ian Downey and

Rick Shakes.

ORC Rules On Waxman Appeal

On March 21, 2010, the judges issued Standardbred Official Ruling SB41942, wherein Isaac Waxman was given the penalty of a 15-day driving suspension for the following reasons:

'Violation of O.R.C. rules 22.05.01(a) and 22.05.01(j); did bear in and cause interference to another horse and, did drive in a careless and reckless manner, at Flamboro Downs on March 14, 2010, in Race 10.'

On March 22, 2010, Waxman filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On April 14, 2010, a panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purpose of hearing this matter.

Rick Rier appeared on behalf of the administration of the ORC. Isaac Waxman attended the hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Peter Gillies, Mark MacDonald, Paul MacKenzie, and Bill Davis, Jr., and upon considering the closing submissions, the panel disallowed the appeal and upheld the ruling of the judges.

The panel’s reasons for decision can be read by clicking here.

ORC Rules On Chris Christoforou

A random saliva test taken on June 29, 2009 at 7:40 p.m. from Christoforou was verified as an Oxycodone positive on July 13, 2009.

On July 14, 2009, Standardbred Ruling Number SB 97/2009 against Christoforou ordered:

• (i) a $500 fine; and
• (ii) a 15-day suspension (July 13, 2009 to July 28, 2009 inclusive)

On July 21, 2009, Standardbred Ruling Number SB 101/2009 ordered the reinstatement of the licenses of Christoforou.

On January 22, 2010, Christoforou entered into a Post-Violation Agreement with the ORC.

A follow-up saliva sample taken from Christoforou on January 30, 2010 at 18:35 hours, in accordance with the Post-Violation Agreement, was verified as an Oxycodone positive on February 5, 2010.

On February 9, 2010, Standardbred Ruling Number SB 35/2010 ordered that Christoforou:

• (i) is suspended from performing the duties for which he is licensed; and
• (ii) is referred to the Commission, pursuant to Rule 36.08 (c) (ii) of the Rules of Standardbred Racing as a subsequent offender.

A Return to Duty urine sample taken from Christoforou on March 24, 2010 was verified as negative on March 30, 2010.

On March 24, 2010, Christoforou made Application for a Reinstatement Hearing. On March 31, 2010, a Notice of Hearing was issued for April 13, 2010, at 1:00 p.m., before a panel of the ORC.

On Tuesday, April 13, 2010, a panel of the ORC, consisting of the Chair, Rod Seiling, was convened to hear this matter. Christoforou appeared in person. Christoforou was represented by Murray Neilsen as counsel. Anthony Williams appeared as counsel for the administration.

Upon hearing the allegations against Christoforou, and upon hearing the admissions by counsel on behalf of Christoforou to these allegations, and upon reading the exhibits filed, and upon hearing the submissions of both counsel, the commission found as follows:

• (i) that Christoforou violated Rule 36.08 (c) (ii) of the Rules of Standardbred Racing (“subsequent offence”) in that his follow-up saliva sample taken on January 30, 2010, tested positive for Oxycodone; and
• (ii) that Christoforou violated mandatory condition (vi) (“no further violations: - commit no further violations of the Alcohol and Drug Policy”), of his January 22, 2010 Post-Violation Agreement.

In view of the circumstances surrounding these violations, including a suspension of 63 days (a suspension that has already been served) and a recognition by Christoforou of his substance abuse problem, and his successful completion of a 45-day inpatient drug rehabilitation program, the commission ordered as follows:

• (i) that Christoforou is eligible for the reinstatement of his licenses upon condition that he enroll in a suitable after-care program approved by the ORC;
• (ii) that Christoforou enter into a Post-Violation Agreement with the ORC, for the period of 12 months (from April 15, 2010 to April 14, 2011, both dates included);
• (iii) that Christoforou is placed on probation for a period of 24 months (from April 13, 2010 to April 12, 2012, both dates included); and
• (iv) that a further violation of the Human Drug Control Program of the ORC will result in: (a) the suspension of the licenses of Christoforou; and (b) the referral of Christoforou to the director.

The transcript with the panel’s Reasons for Decision can be read by clicking here.

ORC Rules On Downey Appeal

On March 22, 2010, the judges issued Standardbred Official Ruling SB 42304 wherein Ian Downey was given the penalty of the placing of the horse Sharon The Moment from first to fourth for the following reason:

'Violation of ORC Rule 22.09 – did cause interference to another horse near the three-quarter pole in race 8 at Western fair on March 16, 2010.'

On March 17, 2010, Downey filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing. On April 14, 2010, a panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purpose of hearing this matter. Rick Rier appeared on behalf of the administration of the ORC. Downey attended the hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Doug Hopkins, Greg Dustin, and Doug McNair, and upon considering the closing submissions, the panel denied the appeal.

The transcript with the panel’s Reasons for Decision can be read by clicking here.

ORC Rules On Shakes Appeal

Richard Samuel Shakes is licensed by the Ontario Racing Commission as a driver/trainer/owner for standardbred racehorses.

A random saliva sample taken on December 12, 2009, at Sudbury Downs Raceway from Shakes was verified as a cocaine positive on December 17, 2009.

On December 18, 2009, Standardbred Ruling Number SB 206/2009 against Shakes ordered:

• (i) a $500 fine; and
• (ii) a 15 day suspension of both his Driver’s and Trainer’s licenses (December 18, 2009 to January 1, 2010)

On January 22, 2010, Shakes entered into a Post-Violation Agreement with the ORC. On January 22, 2010, Standardbred Ruling Number SB 13/2010 ordered the reinstatement of his driver’s and trainer’s licenses.

A follow-up urine sample taken from Shakes on February 25, 2010, in accordance with the Post-Violation Agreement was verified as a cocaine positive on March 2, 2010.

On March 3, 2010, Standardbred Ruling Number SB 49/2010 ordered that Shakes:

• (i) is suspended from performing the duties for which he is licensed; and
• (ii) is referred to the Commission, pursuant to Rule 36.08 (c)(ii) of the Rules of Standardbred Racing.

A follow-up urine sample taken from Shakes on March 15, 2010, was verified as negative on March 17, 2010. On March 15, 2010, Shakes made Application for a Hearing for Reinstatement. On March 23, 2010, a Notice of Hearing was issued for March 31, 2010, at 1:00 p.m., before a Panel of the ORC. On Wednesday, March 31, 2010, a Panel of the ORC, consisting of Commissioner Brenda Walker, was convened to hear this matter. Shakes appeared in person. Shakes was unrepresented. Anthony Williams appeared as counsel for the administration.

Upon hearing the allegations against Shakes, and upon hearing the admissions by Shakes to the allegations, and upon reading the exhibits filed, and upon hearing from Pamela Bray, Investigator and from Diane Moretti, Program Administrator, and upon hearing the submissions of both Shakes and counsel for the Administration, the Commission found as follows:

• (i) that Shakes violated Rule 36.08 (c) (ii) (“subsequent offence”), of the Rules of Standardbred Racing in that his follow-up urine sample from February 25, 2010, tested positive for cocaine; and
• (ii) that Shakes violated mandatory condition (vi) “No further violations – commit no further violations of the Alcohol and Drug Policy” of his January 22, 2010 Post-Violation Agreement.

In view of the circumstances surrounding these violations, including a suspension of 29 days, (a suspension which has already been served), and an apparent recognition by Shakes of his substance abuse problem, the Commission ordered as follows:

• (i) $500 fine (payment of the fine is stayed pending successful completion of the Post-Violation Agreement;
• (ii) prior to reinstatement of his Driver’s and Trainer’s licenses, Shakes must enter into a Post-Violation Agreement, for a period of 15 months (March 31, 2010 to June 30, 2011, both dates included).

The conditions of the Agreement will include the following:

• (a) cooperate fully with a Substance Abuse Professional (“SAP”), assessment and follow the recommendations made by a SAP including, but not limited to, complete an outpatient treatment program as directed by the Program Administrator;
• (b) provide monthly proof to Jeremy Locke that you're going to the sessions or the meetings;
• (c) treatment/monitoring/aftercare;
• (d) sobriety;
• (e) return to duty test (both alcohol and drug);
• (f) unannounced testing;
• (g) no further violations, et al.

A transcript of the Panel’s Reasons for Decision can be read by clicking here.

(ORC)