Last year when we wrote about this case, we were pretty surprised the accused was not found guilty of fraud, e.g. fixing a contest. A case like this set some precedent.
- On Sept. 28, 2010, Riesberry was videotaped by hidden camera
injecting something into the neck of a horse at Windsor Raceway. The
horse raced about an hour later, placing sixth.
A few weeks later, on Nov. 7, 2010, Riesberry was arrested as he entered the racetrack. A syringe filled with performance-enhancing drugs – epinephrine and clenbuterol – was found in his truck. Reisberry was charged with fraud, attempted fraud, cheating at play and attempting to cheat at play.
- After a lengthy trial that began in 2012, Riesberry was acquitted last year by Superior Court Justice Steven Rogin. Despite finding that Riesberry was a cheat, Rogin found him not guilty of two counts of fraud, saying the Crown had not proven that the betting public had been deprived of anything.
- In a decision released this week after a Crown appeal, the Ontario
Court of Appeal found Rogin had erred in his decision. The appellate
court set aside the acquittals and substituted guilty verdicts. The
court has referred the case back to Rogin for sentencing.
“The betting public was deprived of information about the race that
they were entitled to know; they were deprived of an honest race run in
accordance with the rules,” the court of appeal found.
Full story here.