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ORC Rules On Czupa Appeal

Published: June 26, 2012 7:58 pm ET

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The Ontario Racing Commission (ORC) issued its ruling on the appeal and request for hearing by standardbred licensee Miroslaw Czupa on Tuesday.

On March 15, 2012, Ontario Racing Commission Judges at Flamboro Downs issued Standardbred Official Ruling No. SB 44628 wherein Miroslaw Czupa was subject to a one year suspension as a consequence of violating Rules 6.20(b), 6.22, and 6.27 of the Rules of Standardbred Racing.

On March 19, 2012, James Evans, counsel on behalf of Czupa, filed a Notice of Appeal of Standardbred Official Ruling No. SB 44628 and requested a stay of Czupa's penalty.

On March 21, 2012, the Deputy Director of the ORC issued Ruling Number SB 30/2012 wherein the request for a stay was denied.

On March 22, 2012, Evans submitted a Notice of Appeal of Ruling Number SB 30/2012.

On April 2, 2012, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear the Motion. The Panel rendered an oral decision wherein Czupa's request for a stay was denied.

On April 12, 2012, a Notice of Hearing was issued to advise the parties that the appeal of Standardbred Official Ruling No. SB 44628 will be heard on May 17, 2012.

On May 17, 2012, a Panel of the ORC comprised of Vice-Chair Hon. James M. Donnelly, Commissioner Brenda Walker, and Commissioner Dan Nixon was convened to hear this matter. Evans attended as counsel on behalf of Czupa. Jennifer Friedman appeared as counsel for the Administration of the ORC.

Upon hearing the testimony of Mike Kwietniowski, Riley McGilloway, Paul Ruhl, David White, Natalie Baumlisberger, Nancy McKenzie, Stephanie Gallant, Rick Rier, Charles Beirnes, Brian Arrand, Dr. Bruce Duncan, Kevin McMaster, Zeljko Krcmar, and Czupa, reviewing the exhibits and considering the written submissions of counsel, the Panel denied the appeal and ordered the following:

a) Full suspension of all licensing privileges other than as a groom for one year (March 16, 2012 to March 15, 2013);

b) Two years probation (March 16, 2013 to March 15, 2015) with the following terms:

  • i) keep the peace and be of good behaviour;
  • ii) allow ORC Investigators access to his stabling area at any time to observe horses and for unannounced random searches;
  • ii) no violations of Rules 6.20 or 6.22 of the Rules of Standardbred Racing;
  • iii) may be subject to a Notice of Proposed Order by the Director in addition to any penalty imposed by the Judges for any breach of the conditions of his licence.

c) Before being licensed as a trainer following the suspension, Czupa must complete the Standardbred Canada Trainer’s Certification.

The Panel’s Reasons for Decision are available here.

(ORC)


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