The Ontario Racing Commission (ORC) today released standardbred rulings in regard to the appeals of Jay Polifroni and Richard Turcotte
Standardbred Licensee Jay Polifroni appealed Ruling SB 41967, dated May 11, 2010, wherein he was suspended for 45 days (July 15, 2010 – August 28, 2010), plus two years probation (August 29, 2010 – August 29, 2012) and fined Polifroni $1,000.00, for maltreatment of the horse TRICKY PROSPECT, in violation of Rule 6.20(b), 6.20(c), 22.23.03(e), 22.23.05, and 26.02.01 of the Rules of Standardbred Racing.
A stay of the suspension was granted by the Director on July 15, 2010, pursuant to Ruling SB 131/2010, pending the hearing of the appeal.
The appeal was scheduled to proceed on August 19, 2010, but was adjourned at Mr. Polifroni’s request.
On August 25, 2010, a Panel of the ORC consisting of Chair Rod Seiling, was convened for the purpose of determining if the stay should be extended or terminated.
Angela Holland appeared as counsel for the Administration. Polifroni was in attendance and James Evans appeared as counsel for Polifroni.
Upon hearing the submissions of counsel for the Administration and counsel for Polifroni, it was agreed that the appeal would proceed on September 16, 2010, at 9:00 a.m., and the Panel ordered that the stay remain in place, with the condition that if there are any rule infractions by Polifroni in the interim, the stay will be automatically lifted.
The transcript with the Panel’s Oral Decision can be read in the official ruling.
In regard to Turcotte, on June 30, 2010, he refused to provide a urine sample in accordance with his post-violation agreement, in violation of Rule 36.07(g) of the Rules of Standardbred Racing (“the Rules”).
On July 7, 2010, the Executive Director issued Ruling SB 125/2010 wherein Turcotte was suspended and ordered to appear before the Commission, pursuant to Rule 36.07(g).
On August 17, 2010, the Executive Director issued Ruling SB 143/2010, wherein Turcotte was suspended from performing the duties for which he is licensed and referred to the Commission, pursuant to Rule 36.08(d) of the Rules.
On August 25, 2010, a Panel of the ORC consisting of Chair Rod Seiling was convened to hear the Turcotte matter.
Angela Holland appeared as counsel for the Administration. Turcotte appeared and was self-represented.
Upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the Administration and the submissions of Turcotte, the Panel ordered as follows:
- i. Turcotte is fined $1,000;
- ii. Turcotte is suspended for 60 days, but the suspension is stayed on the condition that if there is any further violation of the ORC’s drug and alcohol policy the stay is automatically lifted;
- iii. Turcotte is on probation for a period of two years with the condition that he must keep the peace and be of good behaviour:
- iv. Turcotte is to enroll in an after-care program suitable to the Substance Abuse Professional (SAP).
- v. Turcotte must attend Cocaine Anonymous meetings a minimum of twice per week, and must provide monthly confirmation of attendance to the ORC; and
- vi. Turcotte will enter into a new post-violation agreement for a period of two years.
A transcript of the Panel's Reason for Decisions can be read in the official ruling.
(With files from ORC)