The Ontario Racing Commission today released its rulings on the appeals of Randy Van Meer and John
Gouveia.
Gouveia had appealed SB Ruling 42242 and SB Ruling 42243, wherein he was fined $1,500 and suspended 60 days (October 12, 2010 – December 10, 2010) as a result of positive test for TCO2, and suspended for 30 days (September 12, 2010 – October 11, 2010) as a result of a breach of probation, respectively.
On September 12, 2010, Gouveia provided written confirmation that he was withdrawing his appeal and that he would begin serving his suspension. On September 12, 2010, Gouveia was provided with a notice of hearing. On September 28, 2010, an ORC panel consisting of chair Rod Seiling convened to hear the matter. Angela Holland appeared as counsel for the administration, and Gouveia attended the hearing and was self-represented.
At the hearing, Gouveia confirmed that he was withdrawing his appeal. At the hearing, Gouveia also requested an installment plan with respect to the payment of his $1,500 fine, and/or that he be allowed to race prior to payment of the fine and that any winnings go to the commission until the fine is paid. The panel denied Gouveia’s requests.
The transcript with the panel’s oral decision can be read here.
Van Meer had appealed Ruling SB 41776, dated August 31, 2010, wherein he was suspended for 15 days (September 5, 2010 – September 19, 2010), and fined $1,500, as a result of an altercation with another licensee in the grandstand at Kawartha Downs on August 3, 2010, in violation of Rules 6.02(e), 6.17(a), 6.17(d) and 6.20(b) of the Rules of Standardbred Racing.
A stay of the suspension was granted by the deputy director on September 9, 2010, pursuant to Ruling SB 150/2010, pending the hearing of the appeal.
On October 4, 2010, an ORC panel consisting of commissioner John W. Macdonald as chair, commissioner David Gorman, and commissioner Dan Nixon, convened to hear the appeal. Angela Holland appeared as counsel for the administration. Van Meer was in attendance and was self-represented, with assistance from William O’Donnell.
Upon hearing testimony of Rick Rier, Des Tackoor, Michael Fisico, William James, and Jennifer Fraser, and Van Meer, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the administration and of Van Meer and O’Donnell, the panel denied the appeal. The penalty remains as follows:
- i. Van Meer is suspended for 15 days, (October 10, 2010 – October 24, 2010);
- ii. Van Meer is fined $1,500.
The transcript with the panel’s oral decision can be read here.
(With files from the ORC)