On April 22, 2009, a notice of proposed order to revoke the licence of Colm James McNulty was issued and delivered to McNulty. The Ontario Racing Commission director’s proposed order was issued for
the following reasons:
- a) there are reasonable grounds to believe that, while McNulty carries out the activities for which a licence is required, he will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to his past conduct;
- b) McNulty is carrying on activities that are, or will be in contravention of the Act, the Rules or the terms of the licence;
- c) McNulty’s conduct has placed the integrity of the horse racing industry in Ontario in question;
- d) the public interest requires that McNulty’s licence be revoked.
On April 30, 2009, the ORC received a notice of appeal on behalf of McNulty.
On July 22 and August 5, 2009, a panel of the ORC, comprised of chair Rod Seiling, vice chair honourable James M. Donnelly and commissioner Brenda Walker, was convened to hear the appeal.
Jennifer Friedman appeared as counsel for the administration. McNulty attended and was unrepresented by legal counsel.
Upon considering the agreed statement of facts, hearing the sworn testimony of detective constable Lorra Deasy, reviewing the exhibits filed, and upon hearing the submissions of the administration and McNulty, the panel denied the appeal.
The panel’s reasons for decision can be read by viewing a copy of the official ruling, here.
(With files from the ORC)