The Jamaica Racing Commission, on August 16 heard an appeal by trainer Jackson Hong against the fines and suspension for the positive tests returned by CIRCLE DROME on two separate race days, May 28, 2005 and June11, 2005, both for the prohibited substance ephedrine.

In both instances, the First Instance Tribunal ruled that Hong had failed to rebut the pre-sumption of negligence, and imposed fines of $75,000.00 in respect of the first positive and, for the second positive, a fine of $250,000.00 together with a one-year warning-off period.

The commission, having heard submissions from trainer Hong and from its legal adviser Garth McBean, ruled:

(a) with respect to the first positive, the appeal was dismissed and the fine of $75,000.00 imposed by the tribunal would remain.

(b) with respect to the second positive, which had occurred 14 days after the first, the commission accepted the tribunal's findings that Hong had been negligent, but upheld his submission that the penalty imposed on him did not take account of the fact that he had had no opportunity between the first and second positives to make changes to his system for protecting the horse's safety and security.

As a consequence, the com-mission removed the period of warning off, but confirmed the fine of $250,000.00. Both fines are to be paid within 90 days of May 29, 2007.

Significantly, CIRCLE DROME won on both days with Larris Allen in the saddle.