On December 5, 2008, the judges at Georgian Downs selected the horse, TNT, which finished fourth in the fifth race that day, to provide a blood sample for total
carbon dioxide (TCO2) analysis. At all material times, Jason Klein was the trainer and owner of TNT.
On December 12, 2008, the judges received a certificate of positive TCO2 analysis, a laboratory report and the TCO2 confirmatory testing document. The analysis indicated that TNT’s sample contained an excess level of TCO2 of 39.9 millimoles per litre of blood. The laboratory report and TCO2 confirmatory testing document indicated that the sample was tested more than 48 hours post collection.
On December 13, 2008, the judges issued Standardbred Official Ruling SB 37392 to TNT wherein the horse was placed on the judges list for 90 days as a consequence of a TCO2 positive (Class 3), in accordance with Rules 20.01.01(i) and 11.10.01 of the Rules of Standardbred Racing.
On December 30, 2008, the judges issued Standardbred Official Ruling SB 37395 wherein Klein was fined $1,500 and subject to a 60-day full suspension for a positive TCO2 test on TNT, pursuant to Rules 9.09(b), 26.02.01, 26.02.02, 26.02.03(d), 9.13 and 18.08.01 of the Rules. The judges also issued Standardbred Official Ruling SB 37396 to Klein wherein terms were added to his licence, pursuant to Policy Directive No. 3-2008. In addition, the judges issued Standardbred Official Ruling SB 37397 to TNT wherein the purse was redistributed in accordance with Rule 18.08.01 of the Rules.
On January 14, 2009, Klein filed a notice of appeal.
On January 29, 2009, the (acting) executive director issued Ruling Number S.B. 10/2009 wherein Klein was granted conditional stays of the penalties imposed in Rulings 37395 and 37396.
On August 27, 2009, a panel of the ORC, comprised of chair Rod Seiling, vice chair James M. Donnelly and commissioner Brenda Walker, was convened to hear the appeal.
Jennifer Friedman appeared as counsel for the administration. Mike Stoikopolous attended as Klein’s representative.
Upon considering the Agreed Statement of Facts, hearing the testimony of ORC judge John Harper, Dr. Mike Weber and Richard Tso, reviewing the evidence filed, and upon hearing the closing submissions, the Panel denied Klein’s appeal.
Klein shall pay a $1,500 fine and complete his 60-day suspension. The suspension will re-commence immediately upon the issuance of this ruling. Moreover, the terms of Klein’s two-year probation are as follows:
- 1. Shall keep the peace and be of good behaviour;
- 2. Shall allow Commission investigators access to his stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;
- 3. Allow seizure as stated in 2 above;
- 4. Be subject to the Commission’s Out of Competition Program;
- 5. Subject to Notice of Proposed Order, in addition to penalties imposed by ORC Judges for breach of probation.
To read the panel’s reasons for decision, click here to view a copy of the official ruling.
(With files from the ORC)