G. Kelly

Standardbred owner David Gage requested a hearing regarding the selection of starters for the Ontario Sires Stakes Gold Final following a dead heat for second place in an elimination heat.

The Ontario Racing Commission panel found that while the judges' decision to draw lots from all second-place finishers was open to them based on the rules, the general understanding of horsemen dictated that the draw should only be between the two horses in the dead heat.

The panel directed a new draw between the two dead-heated horses.

The appellant appealed a Judges' Ruling that placed its horse second for a starting gate violation and interference during a race.

The Ontario Racing Commission panel reviewed the videotape and found that the driver did not come to the starting gate in the correct position, taking away another driver's choice of position.

The panel rejected the appellant's argument that procedural issues following the race, specifically the other driver's choice to use the paddock phone rather than speak to the starter, warranted overturning the decision.

The appeal was denied.

The appellant, a standardbred owner and trainer, requested a hearing to review the Executive Director's order of immediate suspension and notice of proposed order to revoke his licence.

The appellant had committed a significant error in judgment and de facto fraud on the racing industry by registering three-year-old horses as two-year-olds.

However, the panel noted that the appellant had voluntarily come forward to reveal the truth and presented substantial character evidence.

The panel quashed the Executive Director's proposed order and substituted a full suspension of all the appellant's licences for a period of three years.