Appeals Court Finds Riesberry Guilty

Published: October 30, 2014 03:39 pm EDT

The Ontario Court of Appeal released a decision this week which states that Standardbred trainer Derek Riesberry has been found guilty of fraud.

An article by The Windsor Star explains that Riesberry had been acquitted of the fraud charges last year by Superior Court Justice Steven Rogin, even though Rogin determined in his ruling that Riesberry was a ‘cheat.’ In the ruling, Rogin determined that the Crown did not prove that the trainer technically defrauded the public.

The Ontario Court of Appeal’s decision this week has determined that Rogin ‘erred’ in his decision. The appeals court has now sent the case back to Rogin in order for him to sentence Riesberry on the fraud charge.

In addition, the appeals court has ruled that Riesberry will have to face a new trial in regard to two charges of ‘cheating at play.’

In its decision, the appeals court determined that “The betting public was deprived of information about the race that they were entitled to know; they were deprived of an honest race run in accordance with the rules.”

The report explains that on September 28, 2010, Riesberry was videotaped injecting a substance into a horse’s neck at Windsor Raceway. The incident occurred roughly one hour before the horse participated in a pari-mutuel contest at the track. On November 7, Riesberry was arrested as he entered Windsor Raceway where he was found with a syringe that contained epinephrine and clenbuterol.

Riesberry was one of three Windsor residents – the others being Chris Haskell and Cassie Nantai – that were charged in 2010 after a joint investigation by the Ontario Racing Commission's Equine Medication & Controlled Drug Task Force and the Ontario Provincial Police (OPP) Organized Crime Enforcement Bureau (OCEB).

(With files from The Windsor Star)

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This case could be bad for all horsemen in my option. Criminal charged for giving a shot on race day. Every horsemen I know would have a criminal record including myself. Does this also mean if you get a positive test now you can be facing criminal charges? OHHA should act as the union is meant to be and fight this in Supreme Court . I'm sure Derek will not.

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