A RACEHORSE trainer, who was warned off the Caymanas Park race track for a period of two years and fined $150,000 by the Jamaica Racing Commission (JRC), has lost his appeal in the Supreme Court.
The penalties handed down by the JRC were a result of a prohibited substance found in urine samples from a horse which he owns.
The horse, 'Slew Them Ranny', from the stables of trainer Ralph Porter, had finished second in a race at Caymanas Park, St. Catherine, on September 1, 2001. The chemist tested the horse's urine between September 3 and 7, 2001 and returned a positive finding of the drug morphine a banned substance.
On September 7, 2001, the JRC wrote to Porter advising him of the finding of the prohibited substance. He was informed that a split sample would be tested within 48 hours and he could observe the test. The split sample was analysed on September 21, 2001 and the prohibited substance was confirmed.
The JRC then appointed a tribunal to conduct an investigation into the matter. Porter contended that "the chain link fence to his stable did not go up to the ceiling therefore a person could gain access to the facility." Despite complaints to the landlord Caymanas Track Limited (CTL) he said the concern was never addressed.
PORTER FINED
The tribunal found that Porter had failed to rebut a presumption of negligence and fined him $150,000. He was also warned off for two years from participating in racing activities.
Porter took the matter to the Supreme Court, contending that the commission erred when it found that he had not rebutted the presumption of negligence. He asked the court to find that the decision arrived at was in breach of natural justice and the rules of the Commission.
Justice Lloyd Hibbert heard the case in the Judicial Review Court and dismissed the application.
Porter appealed against the judge's ruling and the Court of Appeal, comprising Mr. Justice Paul Harrison, Mr. Justice Clarence Walker and Mr. Justice Howard Cooke, then heard the case. By a majority decision the appeal was dismissed. Justice Cooke dissented.
