ORC Rules On Sullivan Appeals

The Ontario Racing Commission has issued a ruling in regard to a pair of positive TCO2 tests which was produced by horses trained by Sean Sullivan

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The first of the horses in question is Rosester, which produced a positive TCO2 test result on December 31, 2008 at Rideau Carleton Raceway. The second positive was produced by K Dog at Rideau on May 3, 2009.

In terms of the fallout from the Rosester positive, Sullivan was appealing the judges' ruling of a $1,500 fine, 60-day full suspension, and terms imposed on his licence for a two-year period. In regard to the K Dog positive, Sullivan was appealing the judges' ruling of a $5,000 fine, 270-day full suspension, and terms placed on his licence upon reinstatement for a two-year period.

The Panel denied both appeals as follows:

• 1.The Panel, after carefully reviewing the testimony and reading the submissions and documents submitted, denied Mr. Sullivan’s first appeal as it related to the TCO2 positive test for the horse, Rosester, in its December 31, 2008 race at Rideau Carleton Raceway.
• 2. With respect to the second appeal - the second positive TCO2 test - the Panel finds, based on the evidence, that Mr. Sullivan also violated SB. Rules 6.20 and 1.09.
• 3. The penalties imposed by the Judges for his two TCO2 positive tests remain as assessed.

In aggregate, Sullivan shall pay a $6500 fine (i.e. $1500 for the first TCO2 positive test and $5000 for the second TCO2 positive test) and complete a full suspension of 330 days (i.e. 60 days for the first TCO2 positive test and 270 days for the second TCO2 positive test). Since Sullivan’s second suspension was not stayed, he has already served 49 days. Therefore, his suspension will continue for 281 days to April 9, 2010. Upon reinstatement of Sullivan’s licence on April 10, 2010, he will be on probation for a period of two years (April 10, 2010 through April 9, 2012 inclusive).

The terms of Sullivan’s probation are as follows:

• 1. The Licensee shall keep the peace and be of good behaviour;
• 2. The Licensee shall allow Commission investigators access to his/her stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;
• 3. The Licensee shall allow Commission investigators to seize any illegal or non-therapeutic medications or drugs found at his/her stabling area; and
• 4. The Licensee shall be subject to the Commission’s Out of Competition Program.
• 5. 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 their licence.

Click here to view an official copy of the ruling, which includes the ORC panel’s reasons for decision.

(With files from the ORC)