The Ontario Racing Commission has released its ruling on the appeal of horseman Marc Lamarche.
Lamarche had been given a fine and suspension for having been in possession of a stolen race bike.
The ORC denied the appeal and increased the amount of the fine and the length of the suspension.
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 AN APPEAL AND REQUEST FOR HEARING OF
STANDARDBRED LICENSEE MARC LAMARCHE
On September 23, 2012, the Judges issued Standardbred Official Ruling SB 44753 wherein a $1,000 fine and a 60-day full suspension were imposed upon Marc Lamarche (“LAMARCHE”) for contravening Rules 1.09 and 6.20(a), (b), and (c) of the Rules of Standardbred Racing (“SB Rules”) as a consequence of being in possession of a stolen race bike.
On September 23, 2012, the Judges also issued Standardbred Official Ruling SB 44754 wherein a two-year probation was imposed upon LAMARCHE with the following condition: “Violation of any conduct regulations will result in sanctions in addition to the fine and/or suspension imposed by the Judges”.
On September 24, 2012, LAMARCHE filed a Notice of Appeal.
On September 27, 2012, the Deputy Director issued Ruling Number SB 111/2012 wherein LAMARCHE was granted a conditional stay of his penalty.
On October 10, 2012, a Notice of Hearing was issued to advise the parties that a Panel would be convening on November 13, 2012 at 9:00 a.m. for the purpose of hearing LAMARCHE’S appeal.
On November 13, 2012, a Panel of the Ontario Racing Commission (“ORC”) comprised of Commissioner John Macdonald was convened to hear the appeal.
LAMARCHE participated on his own behalf. A French language interpreter was present to assist LAMARCHE. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon hearing the testimony of Steve Rushton, John Campbell, Michael Armstrong, and LAMARCHE, reviewing the exhibits filed, and considering the closing submissions, the Panel denied the appeal and varied the penalty as follows:
- Violation of Rules 1.09 and 6.20(a),(b), and (c) of the Rules of Standardbred Racing for conduct injurious to racing;
- Fine increased to $2,000, which is payable within 30 days;
- Suspension increased to 120 days (November 13, 2012 – March 12, 2013 inclusive);
- Fine payable within 30 days; and
- Two years probation (March 13, 2013 – March 12, 2015).
The transcript with the Panel’s Reasons for Decision is attached to this Ruling.