Trot Insider has learned that representatives for trainer Rene Allard filed an appeal to Ontario's Horse Racing Appeal Panel this week regarding a recent ruling on a Class I positive test.
On March 31, 2017 the horse One Too Many, trained by Allard, was identified from a certificate of positive analysis as having obtained a Class I positive test for codeine and morphine from a race at Woodbine Racetrack on March 18, 2017.
The AGCO made its official ruling regarding this positive test on April 19, 2018, fining Allard $5,000 and levying a one-year suspension effective May 5, 2018.
Legal counsel for Allard issued the following statement regarding the ruling on April 20.
TO WHOM IT MAY CONCERN:
RE: AGCO Rulings SB 49476 and SB 49477
I am legal counsel for Rene Allard in his appeal of the above-captioned Rulings wherein a 1 year suspension, 2 year probation, and $5000 fine were issued by AGCO Judges for a purported 2017 positive test for codeine and morphine.
The Rulings were issued last night. An immediate stay has been requested.
A residue sample was performed by a CPMA approved laboratory. The residue test yielded no presence of codeine and 19.9 ng/ml of morphine. A hair test was performed and yielded neither morphine nor codeine. This supports the high probability of environmental contamination or error on the part of the original laboratory.
Accordingly, we will seek to be before the Horse Racing Appeal Panel in order to contest this unfair and premature disposition. We are confident in a favourable outcome.
Yours very truly,
Jennifer Friedman
The hearing for Allard's request for a stay will take place on Tuesday, May 1. A date for the appeal hearing has yet to be set.