More on Elliott and Transfers from the ORC

May 6th 2008

 1 comment
I just received an email from Rob McKinney, deputy director of the Ontrario Racing Commission. He's filling in this week for a travelling John Blakney. I had asked about the Bill Elliott suspension/transfer matter-- specifically what regulators and track operators were going to do to ensure that the transfer of Elliott's horses weren't just sham transactions.
 
In addition to providing me with the information below, Rob shared with me this link to the latest ORC regulations involving trainer transfers. The relevant part is as follows: "The following factors shall be taken into consideration by the Judges and Stewards when making their determination of applications for trainer transfers:

1. the degree of closeness of any relationship, whether it be fiduciary, employee/employer and/or family in nature;

2. the past conduct of the proposed trainer; and

3. the licensing history of the proposed trainer."

And here is what Rob wrote: 
 
"With respect to the question you posed to Bruce Murray - 'What steps does WEG plan to take to ensure that the horses that are suspended aren't simply moved to other trainers?' All trainer transfers must be approved by the ORC. After he received his suspension, Mr. Elliott appeared before the ORC Judges and was advised that all transfers of horses in his stable to other trainers would be reviewed by the Judges and rulings on the transfers issued. The Judges have commenced this review and are in the midst of writing the rulings.
 
"To clarify the status of the horses ruled ineligible to race (suspended): As a result of this positive test received in August 2007, the horse MICHELLES POWER has been declared ineligible to race in Ontario until such time as this horse tests negative for the substance. Under new rules which came into effect January 31, 2008, a horse which receives a positive test for Class I, II, III, TCO2, or a substance determined to be non-therapeutic will be declared ineligible to race in Ontario for a period of 90 days. Therefore, as a result of the positive from a test taken on March 18, 2008, the horse DOUGHNUT HANOVER has been declared ineligible to race in Ontario for a period of 90 days from April 14, 2008."
 
Thoughts? Comments? Questions?
 
 

Comments

Paul Siegel said...

I'm confused. Is WEG barring horses even if the ORC has approved their transfers to new trainers? Somehow I got that impression from the statements made by WEG mangement, but I could be wrong.

I see the ORC apparently corrected their error on Michelles Power's suspension. If I'm not mistaken they originally ruled she would be ineligible for 90 days, but have corrected that to say she is ineligible until she has a clean test. Someone must have pointed out that they were attempting to retroactively apply a rule adopted in January, 2008 to a positive from a race that took place in August, 2007. This does make me once again bring up a question about the ORC's failure to propose a specific suspension for Bill Elliott, while Pindur was given immediately 10 years plus 2 for violating probation. When the positives and suspensions were first announced, I questioned whether the ORC's lack of specificity was tied to the positive being from a race in 2007, before the stiffer rules were adopted. Will Elliott get off with a lesser penalty as a result?

posted at 3:20 PM on May 6th 2008

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