IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20
AND IN THE MATTER OF THOROUGHBRED OWNER SUNDAR KANAGAMANY
THOROUGHBRED TRAINER NORMAN TOMLINSON
AND JOCKEY ELDRIDGE LINDSAY
RULING
Trainer Norman Tomlinson appealed Thoroughbred Ruling 2001-159 wherein he was fined the sum of $200 by the Stewards at Fort Erie Race track in accordance with Thoroughbred Rules 16.13 (d), 6.30.1 and 24.04 for entering an ineligible horse, ALLSTAR ZIPPER, in the 6th race of August 12, 2001.
In addition, Trainer Norman Tomlinson, Owner Sundar Kanagamany, and Jockey Eldridge Lindsay appealed Thoroughbred Ruling 2001-127 wherein ALLSTAR ZIPPER, winner of the 6th race of August 12, 2001, at Fort Erie Racetrack was disqualified from purse money and declared unplaced. Pursuant to this Ruling, ALLSTAR ZIPPER was ineligible to participate due to no qualifying work of 3/8 of a mile within 30 days in accordance with TB Rule 6.30.1.
On November 21, 2001, Vice-Chair Herbert Bryant convened to consider both matters along with Commissioners Patricia Bullock and Dr. Bruce Duncan.
Mr. Conrad Cohen appeared on behalf of Norman Tomlinson and Mr. Steven Dookie appeared on behalf of Sundar Kanagamany. Eldridge Lindsay appeared on his own behalf and Counsel Joanne Mitchell appeared for the ORC Administration.
On hearing the evidence of Steward Richard Grubb, Steven Dookie and Eldridge Lindsay, on reading the exhibits filed, and on hearing the submissions of the parties, the panel allowed the appeal of TB Ruling 159-2001 but disallowed the appeal of TB Ruling 2001-127.
The Commission’s reasons for decision were delivered orally and form part of the transcript.
Dated this 28th day of November, 2001, at Toronto.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director