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ORC Releases Rulings On Six Appeals

Published: February 28, 2011 11:30 am ET

Last Comment: March 4, 2011 5:04 pm ET | 2 Comment(s) | Jump to Comments

On Monday, February 28, the Ontario Racing Commission released rulings in regard to licensees Alan Fair, William James, Gregory Liezert, Luc Ouellette, Barry Treen, and Richard Turcotte and Philippe Belanger.

Alan Fair

On January 19, 2011, Fair was required to provide a sample and failed to present himself to provide the required sample, in violation of Rule 36.07(g) of the Rules of Standardbred Racing.

On January 20, 2011, the ORC deputy director issued Ruling SB 19/2011 wherein Fair was suspended and ordered to appear before the commission, pursuant to Rule 36.08(d).

On February 15, 2011, an ORC panel consisting of commissioner John Macdonald was convened to hear the matter. Angela Holland appeared as counsel for the administration. Fair appeared and was self-represented.

Upon hearing the testimony of investigator Tyler Durand, investigator Pam Bray, and Fair, upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the administration and the submissions of Fair, the panel ordered as follows:

  • Fair is fined $500;
  • Fair is suspended until February 20, 2011; and;
  • Fair will enter into a post-violation agreement for a period of 1 year, commencing February 15, 2011.

The transcript of the panel’s reasons for decision can be read by clicking here.

William James

On November 19, 2010, ORC judges issued Standardbred Official Ruling SB42461 in regard to the 'non-placing' of the horse Mystician, driven by Jody Jamieson, in Race 6 at Woodbine Racetrack on November 13, 2010.

On November 16, 2010, James filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing. On February 23, 2011, an ORC panel comprised of commissioner Brenda Walker convened for the purpose of hearing this matter. Rick Rier appeared on behalf of the ORC administration. James appeared at the hearing and was self-represented.

The panel, having heard the testimony of Judge William Maertens, driver Scott Zeron, and Jamieson, and upon viewing the video evidence, and upon hearing closing submissions, denied the appeal.

The transcript of the panel’s reasons for decision can be read by clicking here.

Gregory Liezert

Liezert appealed Ruling SB 41865, dated December 30, 2010, wherein he was suspended for two years (January 31, 2011 to January 30, 2013), followed by two years of probation (January 31, 2013 to January 30, 2015) for committing an act of cruelty to the horse Brittle Truth in violation of 6.22 of the Rules of Standardbred Racing.

A stay of the penalty was granted by the Deputy Director on January 31, 2011, pursuant to Ruling SB 24/2011, pending the hearing of the appeal, with the following conditions:

  • Keep the peace and be of good behaviour;
  • Not to attend the grounds of Rideau Carleton Raceway without permission of the Ontario Racing Commission Judges;
  • No communication directly or indirectly with Dr. Linda Berthiaume-Atack;
  • Attend the hearing on March 16, 2011.

Liezert requested an appeal with respect to the second condition of Ruling SB 24/2011.

On February 15, 2011, an ORC panel consisting of commissioner John Macdonald was convened to deal with the appeal of the stay conditions. Angela Holland appeared as counsel for the administration. Gerry White appeared as counsel for Liezert.

Upon hearing the testimony of Rob McKinney, upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the administration and counsel for Liezert, the panel dismissed the appeal.

The transcript with the panel’s oral decision can be read by clicking here.

Luc Ouellette

On December 13, 2010, the ORC judges issued Standardbred Official Ruling SB42274 wherein Ouellette was given the penalty of a $300 fine and a five-day driving suspension, December 18, 19, 20, 21, and 22, 2010, for violation of SB Rule 22.23.03(a) and 22.23.04(c) for failure to keep his hands below his head while urging the horse McArtlee in Race 8 at Woodbine Racetrack on December 11, 2010.

On December 16, 2010, Ouellette filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing. On February 23, 2011, an ORC panel comprised of commissioner Brenda Walker convened for the purpose of hearing the matter. Rick Rier appeared on behalf of the ORC administration. Ouellette appeared at the hearing and requested to drop his appeal. He had made this request to the administration some time ago, however, under the new rules of procedure he was required to attend to state his intentions.

The Panel accepted Ouellette's request to drop the appeal and advised him to contact the judges at the Woodbine Entertainment Group to establish his days to be served.

Barry Treen

On November 30, 2010, ORC judges issued Standardbred Official Ruling SB42160 wherein Treen was given the penalty of a three-day driving suspension, December 5, 6 and 7, 2010, for the violation of SB Rule 22.05.01 (a), while driving the horse Celtic Bonnie in Race 8 at Kawartha Downs on November 27, 2010, did bear out and cause interference to the horse Just Laughing before the half. Celtic Bonnie finished second and was placed eighth.

On December 1, 2010, Treen filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing. On February 23, 2011, an ORC panel consisting of commissioner Brenda Walker convened for the purpose of hearing the matter. Rick Rier appeared on behalf of the ORC administration. Treen appeared at the hearing and was unrepresented.

The panel, having heard the testimony of judge Chuck Fraleigh, driver Bill Davis, and starter Steve Skene, having reviewed the film, and upon hearing closing submissions, denied the appeal.

Treen will serve his three days’ suspension on March 1, 2 and 3, 2011.

The transcript with the panel’s reasons for decision can be read by clicking here.

Richard Turcotte and Philippe Belanger

On November 27, 2010, ORC judges issued Standardbred Official Ruling SB43136 wherein Turcotte was given the penalty of a three-day driving suspension, December 3, 4, and 5, 2010, for violation of SB Rule 22.05.01(a) while driving the horse SOS Breezer in Race 7 at Sudbury Downs on November 13, 2010, did bear in on the first turn and cause interference to the horse Celebrity Shark. SOS Breezer finished second and was placed eighth.

On November 29, 2010, Turcotte filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing. On November 17, 2010, trainer Belanger, filed a notice of appeal pursuant to Rule 24.01 of the Rules of Standardbred Racing.

On February 23, 2011, an ORC panel comprised of commissioner Brenda Walker convened for the purpose of hearing the matter. Rick Rier appeared on behalf of the ORC administration. Ed Paquette appeared as counsel for Turcotte and Belanger.

The panel, having heard the testimony of judge Jeff Rouse, driver Wayne MacLean and witness judge Jeff Minler, and upon reviewing the film evidence, and upon hearing closing submissions, denied the appeal.

The transcript with the panel’s reasons for decision can be read by clicking here.

(With files from the ORC)

March 4, 2011 - 5:04 pmC.Renon Has anyone ever won

carlo renon SAID...

C.Renon Has anyone ever won an appeal?

March 1, 2011 - 12:53 amWhy appeal if you did wrong

Ward Zinn SAID...

Why appeal if you did wrong and know it.Waste of resources and the appeals are usually all denied anyways.


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