The Ontario Racing Commission today released its ruling in regard to the appeal of standardbred licensees Michael Manders and Kelly Lester
.
In April 2010, due diligence investigations were completed with respect to Manders and Lester which uncovered criminal records and licensing histories not previously disclosed on either Manders’ or Lester’s license applications. In particular, both Manders and Lester failed to disclose an incident on December 18, 2009, involving Randy Pullen, an ORC licensee who testified against Lester three years previously at an ORC hearing regarding a tubing violation. On this basis, the director issued notices of proposed orders to revoke the licenses of both Manders and Lester.
Manders and Lester appealed the notices of proposed orders.
On November 18, 2010, an ORC panel consisting of commissioner John Macdonald as chair, commissioner David Gorman and commissioner Pam Frostad was convened to hear the matter.
However, despite being properly notified, and having a representative, Brian Tropea, in attendance, both Manders and Lester failed to appear for the November 18, 2010 hearing.
Pursuant to Ruling Number COM SB 056/2010, the hearing was adjourned until November 29, 2010 on consent and was peremptory. The panel also ordered Manders and Lester to collectively pay $1,000 in costs thrown away, with payment to be made prior to November 29, 2010.
On November 29, 2010, the ORC panel consisting of Commissioner John Macdonald as chair, commissioner David Gorman and commissioner Pam Frostad was reconvened to hear the matter.
Angela Holland appeared as counsel for the administration, Brian Tropea appeared as a representative for both Manders and Lester and Manders and Lester attended in person.
Upon consent of Manders and Lester and the administration, the appeals were heard together.
Upon hearing the testimony of Investigator Rasa Malinauskas, Randy Pullen, Manders and Lester, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the administration and of Brian Tropea, the panel dismissed Manders’ appeal but varied the penalty and dismissed Lester’s appeal.
Specifically, with respect to Manders the panel ordered the following:
- Manders’ license is suspended for one year (November 29, 2010 – November 30, 2011);
- If Manders reapplies for a license upon completion of his suspension, he shall have the following conditions placed on his licence for two (2) years:
- He shall keep the peace and be of good behaviour;
- He shall allow Commission investigators access to his stabling area at any time to conduct unannounced random searched for illegal or non-therapeutic medications or drugs found at his stabling area;
- He shall allow Commission investigators to seize any illegal or non-therapeutic medications found at his stabling area; and
- He will be subject to the Commission’s “out-of-competition” testing program.
With respect to Lester, the appeal is dismissed and her licence is revoked as of November 29, 2010, pursuant to the notice of proposed order.
The panel also reaffirmed that Manders and Lester are required to collectively pay $1,000 in costs thrown away, ordered pursuant to Ruling Number COM SB 056/2010.
A transcript of the panel’s reasons for decision can be viewed by clicking here.
(With files from the ORC)