Scott McFadden appealed against the deputy director’s rulings S.B. 180/2008 and 181/2008 to render
the horses, Dr Sharkey and Reason To Celebrate, ineligible to race in Ontario for a period of 90 days and placed on the Judges’ List from December 8, 2008 to March 8, 2009, pursuant to Rules 11.10.01 and 20.01.01(i) of the Rules of Standardbred Racing.
The Rulings were issued further to confirmation of positive tests for Darbepoetin-Alpha (EPO).
On January 21, 2009, a panel of the Ontario Racing Commission consisting of vice chair James Donnelly, commissioner David Gorman, and commissioner Pam Frostad was convened to hear this matter.
Scott McFadden appeared on his own behalf. Jennifer Friedman appeared as counsel for the Administration.
Upon hearing the testimony of deputy director Rob McKinney, reviewing the exhibits filed, and upon hearing the closing submissions, the panel dismissed Mr. McFadden’s appeal.
The panel’s reasons for decision is attached to this Ruling.
DATED at Toronto this 2nd day of February 2009.