ORC dismissed appeal by Vysoke Tatry's owner

The Ontario Racing Commission (ORC) has dismissed an appeal by David Prushnok and Andray Farm regarding the judges decision to scratch Vysoke Tatry from last year's Breeders Crown Open Mare Pace at Mohawk Racetrack.

According to the ORC, on Tuesday, July 29, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear the matter. Prushnok appeared in person.

The ORC found that the judges acted appropriately to scratch the horse and the appeal was dismissed.

According to the ORC's findings as stated in a ruling dated Aug. 6, the judges made their decision to scratch the horse after it was entered in to race by its trainer Brett Robinson. The ORC, under its out of competition testing program, visited the Brett Robinson stable on Aug. 2, 2007, and drew blood on all of the horses that he was training including Vysoke Tatry.

On Aug. 10, Racing Forensics, the laboratory that did the blood analysis, identified one potential positive for the illegal drug EPO on the horse Fox Valley Tribal. The blood was then sent to the Equine Research Lab in West Chester Pa, where it was confirmed positive for EPO on Aug. 22. On Aug. 28, the same day the box closed for entries for the Breeders Crown race, Dr. Duncan, the Official Veterinary Supervisor for the ORC, received the confirmation.

ORC rules state that when a trainer is suspended any horse trained by him/her can be transferred to another trainer with the approval of the judges. Trainer transfers are not approved when a horse is already entered to race.

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