Harness racing owner /trainer Ross Battin appealed recently against the 90 day suspension of Youths Awesome after it tested positive to the Class 2 Ractopamine.
The decision of the commission in respect of that appeal is listed below.
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. 2000, C.20 AND IN THE MATTER OF THE REQUEST FOR HEARING OF ROSS BATTIN
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AGREED STATEMENT OF FACTS
The licensee Ross Battin and the Counsel for the Administration of the Ontario Racing Commission agree to the following facts:
1. Ross Battin (“Battin”), (licence number B44657) is licensed by the Ontario Racing Commission (“ORC”) as a, Owner/Driver/Trainer.
2. On February 9, 2015, the horse Youths Awesome (tattoo number 1HL24) trained and co-owned by Battin, participated in the 8th race at Western Fair Raceway and finished first. A urine specimen was then collected for screening.
3. On February 18, 2015, a Certificate of Positive Analysis was released by Maxxam Laboratories indicating that the urine specimen obtained from the horse Youths Awesome tested positive for the Class 2 drug Ractopamine.
4. Following the receipt of the Certificate, on February 20, 2015, the judges at Western Fair Raceway issued the Ruling SB 46419 pursuant to Standardbred Rules 11.10.01(2) and 20.01.01(i)(2), suspending the horse Youths Awesome for 90 clear days until May 20, 2015.
5. On the same date, by Ruling SB 46418, Battin was suspended for an indefinite period pending the outcome of the investigation relating to the cause of the Ractopamine positive testing of his horse, pursuant to Standardbred Rule 9.08.01(b)(ii).
6. On February 23, 2015, Battin filed a request for stay and appealed the Rulings SB 46418 and 46419 of February 20, 2015.
7. On February 25, 2015, by Ruling SB 10/2015 and Ruling SB 11/2015, the Executive Director of the ORC denied the stay of the 90 days suspension of the horse, and of the indefinite suspension of Battin, respectively.
8. Following the investigation, the judges at Western Fair Raceway rendered Ruling SB 46421 on March 4, 2015, reinstated Battin’s licence, setting a probation period of two years with conditions upon reinstatement.
9. Battin is now seeking to appeal the Director’s Ruling 10/2015 denying the stay of the 90 days suspension of the horse Youths Awesome.
Joint Recommendation With Respect to Penalty
10. The ORC Administration and Battin jointly submit for the Panel’s consideration that the following disposition is appropriate in these circumstances:
i. The 90 days suspension of his horse Youths Awesome be stayed pursuant to Rule 24.01 of Standardbred Racing without prejudice, with the following conditions:
a. During the stayed suspension period of 90 days, the horse Youths Awesome shall not test positive for Ractopamine or other prohibited drug;
b. During the stay of the 90 days suspension, Battin delivers proof that the horse Youths Awesome provided a clear/negative sample, prior to race.
ii. Any breach of the conditions will result in an immediate reinstatement of the 90 days suspension of the horse and any such further sanctions at the discretion of the Deputy Director.
Dated at Toronto, Ontario, this 25th day of March, 2015