The Ontario Racing Commission has announced that it has ruled in favour of Masterfeeds in an appeal of a 2010 thoroughbred race at Woodbine Racetrack.
The contents of the ORC release appear below.
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF MASTERFEEDS
AND IN THE MATTER OF THOROUGHBRED LICENSEE ROBERT EARL BARNETT
On November 19, 2010, the horse, “La Gran Ruby (tattoo #G28109)”, trained by Robert Earl Barnett (“BARNETT”), licence #121763, participated in the third race at Woodbine and finished second.
On December 1, 2010, the Stewards received notification of a positive analysis for La Gran Ruby for the Class III drug, Ractopamine.
On September 24, 2011, the Stewards issued Ruling Number TB 6926/11, wherein BARNETT was rendered blameless for the positive test of La Gran Ruby on November 19, 2010 but, given the absolute liability nature of the Trainer Responsibility Rule, the horse was disqualified, the purse redistributed, and the positive test remained on BARNETT’S record.
On November 7, 2011, Masterfeeds Inc. (“MASTERFEEDS”) appealed Ruling Number TB 6926/11.
On February 7, 2012, a Notice of Hearing was issued to notify the parties that the appeal would be heard on April 17, 2012.
On March 30, 2012, the parties sought a consent adjournment of the April 17, 2012 Hearing date on the basis of the need to schedule a two-day Hearing.
On April 2, 2012, a Notice of Hearing was issued to notify the parties that the appeal would be heard on June 13 and 14, 2012.
On June 8, 2012, the Hearing was adjourned on consent to October 24 and 25, 2012. On October 24, 2012, a Panel of the Ontario Racing Commission consisting of Vice Chair Hon. James M. Donnelly, and Commissioners John Macdonald and Brenda Walker was convened to hear this matter.
John Downing appeared as counsel on behalf of MASTERFEEDS. Dan McMahon attended as counsel on behalf of BARNETT. Jennifer Friedman appeared as counsel for the Administration of the ORC.
At the outset of the Hearing, counsel presented to the Panel an Agreed Statement of Facts and Joint Submission on Disposition pertaining to MASTERFEEDS and the Administration of the ORC.
The Panel approved the Agreed Statement of Facts and Joint Submission on Disposition as between MASTERFEEDS and the Administration of the ORC as follows:
The appeal is allowed and Ruling Number TB 6926/11 as it pertains to MASTERFEEDS is set aside and a declaration issued that MASTERFEEDS and Nobelton’s products were not contaminated with Ractopamine and were not the source of La Gran Ruby’s positive urine test for Ractopamine.
Thereafter, Vice Chair Hon. James M. Donnelly held a Pre-Hearing Conference with BARNETT and the Administration of the ORC.
Following the Pre-Hearing Conference, counsel on behalf of BARNETT and counsel on behalf of the Administration of the ORC presented a Joint Submission on Disposition pertaining to BARNETT and the Administration of the ORC.
The Panel approved the Joint Submission on Disposition as between BARNETT and the Administration of the ORC and ordered the following penalty:
- $5,000 fine, with $3,500 stayed, payable within 15 days;
- 1 year probation with the following standard terms pursuant to Policy Directive No. 3-2008:
- The Licensee shall keep the peace and be of good behaviour;
- The Licensee shall allow Commission investigators access to his stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;
- The Licensee shall allow Commission investigators to seize any illegal or nontherapeutic medications or drugs found at his stabling area;
- The Licensee shall be subject to the Commission’s Out of Competition Program.
- The Licensee may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Judges or Stewards for any breach of the terms of his licence.
- If BARNETT has a further positive during the probation period, the amount of the stay ($3,500) shall be added to any other subsequent Ruling that might be issued.
The transcript of the Panel’s Oral Decision and the Agreed Statement of Facts and Joint Submission on Disposition are attached to this Ruling.
(ORC)