The Ontario Racing Commission today released its ruling in regard to a hearing for horseman Richard Turcotte
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A random test saliva sample taken from Turcotte on May 30, 2009 at 8:58 p.m. at Sudbury Downs Raceway by ORC Investigator James Richard Frye was verified as positive for cocaine on June 6, 2009.
Standardbred Ruling Number SB 73/2009, dated June 8, 2009, ordered, inter alia, as follows:
- (i) a $500.00 fine; and
- (ii) a 15-day suspension of both his driver’s and trainer’s licenses (June 6, 2009 to June 20, 2009, inclusive).
A return-to-duty urine sample taken from Turcotte on July 17, 2009 at 11:30 a.m. was verified as negative on July 22, 2009.
Standardbred Ruling Number SB 105/2009 ordered the reinstatement of both Turcotte's driver’s and trainer’s licenses.
A Post-Violation Agreement was entered into between Turcotte and the ORC on July 25, 2009.
A follow-up urine sample taken from Turcotte on February 26, 2010 at 2:30 p.m. pursuant to the Post-Violation Agreement was verified as positive for cocaine on March 4, 2010.
Standardbred Ruling Number SB 54/2010, dated March 5, 2010, ordered, inter alia, as follows:
- (i) that Turcotte is suspended from performing the duties for which he is licensed; and
- (ii) that Turcotte is referred to the Commission, pursuant to Rule 36.08 (c) (ii), of the Rules of Standardbred Racing.
A return to duty urine sample taken from Turcotte on March 29, 2010 at 10:00 a.m. was verified as negative.
Turcotte prepared an Application for Reinstatement Hearing (undated).
A Notice of Hearing was issued on April 8, 2010 for April 22, 2010 before a panel of the ORC. On Thursday, April 22, 2010 a panel of the ORC consisting of the Chair, Rod Seiling, was convened to hear this matter. Turcotte appeared in person. Turcotte was self-represented. Anthony Williams appeared as counsel for the administration.
Upon hearing the allegations against Turcotte, and upon hearing the admissions by Turcotte, and upon reading the exhibits filed, and upon hearing the submissions of both Turcotte and counsel, the panel found as follows:
- (i) that Turcotte violated Rule 36.08 (c) (ii) of the Rules of Standardbred Racing ('subsequent offence'), in that his follow-up urine sample taken on February 26, 2010, tested positive for cocaine;
- (ii) that Turcotte violated mandatory condition (vi) of his March 4, 2010 Post-Violation Agreement ('commit no further violations of the Alcohol and Drug Policy').
In view of the circumstances surrounding these violations, including a suspension of 48 days (a suspension that has already been served), and a recognition by Turcotte that he has a substance abuse problem, the panel ordered as follows:
- (i) Turcotte must enroll in a substance abuse program that is approved by the ORC;
- (ii) Turcotte must complete the approved substance abuse program;
- (iii) Upon completion of this program, Turcotte is eligible to apply for reinstatement of his licenses upon the following conditions:
- (a) that Turcotte enroll in a substance abuse after-care program, approved by the ORC, of 12 months duration;
- (b) that Turcotte is placed upon probation for a period of 12 months upon the following conditions:
- (1) that he keep the peace and be of good behaviour;
- (2) that he enter into a Post-Violation Agreement with the ORC;
- (3) that any further violation of the alcohol and drug rules will result in an automatic suspension and a referral to the Director.
A transcript of the panel’s reasons for decision can be read by clicking here.
(With files from the ORC)