Published: March 10, 2010 3:52 pm ET

Last Comment: March 10, 2010 7:49 pm ET | 1 Comment(s) | Jump to Comments

The Ontario Racing Commission today released the details of its ruling on the appeal of Robert Ellis.

On Monday, November 16, 2009, The Barber, a standardbred racehorse trained by Ellis -- who is also an owner -- finished first in Race 11 at Woodbine Racetrack.

Blood samples taken from the horse after the race resulted in a Certificate of Positive Analysis for the Class II drug Reserpine, trade name Serpasil, a tranquilizer.

On Monday, November 23, 2009, the standardbred Judges issued Standardbred Official Ruling 40198, which suspended the horse from racing for 90 days, pursuant to Rule 11.10.01 of the Rules of Standardbred Racing.

On Thursday, December 17, 2009, a hearing was held for Ellis. The judges reserved their decision.

On Thursday, January 7, 2010, the judges issued Standardbred Official Ruling SB 41711, which imposed the following penalties:

• i. A fine of $5,000;
• ii. A full one-year suspension, (Sunday, January 10, 2010 to Sunday, January 9, 2011, both dates included); for violation of Rules 3.09.01(f), 9.09(a) and (b), 26.02.01, 26.02.02 and 26.02.03(c) of the Rules of Standardbred Racing.

The judges also issued Standardbred Official Ruling SB 41712, which placed terms on the licence of Ellis, upon his reinstatement, for a probationary period of two years, (Monday, January 10, 2011 to Wednesday, January 9, 2013, both dates included), pursuant to Policy Directive No. 3-2008.

On Friday, January 8, 2010, Ellis filed a notice of appeal against the penalties imposed.

The ORC convened a panel to hear the appeal, consisting of commission member John Macdonald on Wednesday, March 3, 2010, at 9:00 a.m. in Toronto, Ont.

Ellis appeared in person at the hearing. He was represented by Brian Tropea, Industry Liaison and Policy Advisor for the Ontario Harness Horse Association. Anthony Williams appeared as counsel for the administration.

Upon reading the exhibits filed and upon hearing the evidence of Ellis and upon hearing the submissions of both parties, the panel ordered as follows:

• i. A fine of $2,500;
• ii. A full licence suspension of six months (from Sunday, January 10, 2010, to Wednesday, July 9, 2010, both dates included);
• iii. Terms are added to the licence of Ellis upon his reinstatement for a period of two years, (Thursday, July 10, 2010 to Monday, July 9, 2012, both dates included), as follows:
• a) Ellis shall allow commission investigators access to his stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medication or drugs;
• b) Ellis shall allow commission investigators to seize any illegal or non-therapeutic medication or drugs found at his stabling area; and
• c) Ellis shall be subject to the commission’s Out-of-Competition Program;
• d) Ellis may be subject to a notice of proposed order in addition to any penalty imposed by the ORC judges or stewards for any breach of the terms of his licence.

The transcript with the panel’s reasons for decision can be read along with a copy of the official ruling here.

(With files from the ORC)