IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 c. 20
AND IN THE MATTER OF JOCKEY
MICHAEL MCMULLEN
RULING
Jockey Michael McMullen appealed a decision of the Thoroughbred Industry Appeal Board dated September 13, 2001, which upheld Thoroughbred Ruling Number 2001-150. Pursuant to Ruling 2001-150, Mr. McMullen was suspended for three racing days (August 26-28, 2001, inclusive) for going out with his mount NORTHERN BOUND and interfering with STARSHIP ROCKET during the stretch run of the 7th race on August 20, 2001, at Fort Erie Racetrack.
On November 21, 2001, Vice Chair Herbert Bryant convened to hear the matter along with Commissioners Patricia Bullock and Dr. Bruce Duncan.
Irwin Driedger appeared on behalf of Michael McMullen and Counsel Joanne Mitchell appeared for the ORC Administration.
On hearing the evidence of ORC Steward James Nemmett, Tyrone Harding, Michael McMullen and Robin Platts, on reading the exhibits filed and on hearing the submissions from the parties, the panel allowed the appeal.
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