COM TB 11/2001
COMMISSION HEARING TORONTO, ONTARIO August 15, 2001
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF THE APPEAL OF
THOROUGHBRED APPRENTICE JOCKEY JEFFREY BURNINGHAM
RULING
Thoroughbred apprentice jockey Jeffrey Burningham appealed Stewards’ ruling 2001-175 wherein he was suspended for 30 calendar days for riding in an unsafe manner during the 9th race on June 15, 2000 at Woodbine Racetrack contrary to Rule 9.25 and Rule 11.09.3.
On August 15, 2001, Chair Stanley Sadinsky, Commissioner Thomas Deacon and Commissioner Ernest Nock of the Ontario Racing Commission convened to hear the appeal.
Harvey Swartz, counsel appeared on behalf of Jeffrey Burningham and Don Bourgeois, counsel appeared for the Administration.
Upon hearing the testimony of Steward Nelson Ham, jockey Robert Landry, jockey Na Somsanith and Mr. Burningham, upon reading the exhibits filed and upon hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal of Jeffrey Burningham and confirmed the suspension of Mr. Burningham’s licence as an apprentice jockey for 30 calendar days.
The Commission gave oral reasons for its decision which are part of the transcript.
On agreement, the penalty of 30 calendar days shall begin on August 18, 2001.
DATED at Toronto this 15th day of August, 2001.
_______________________________
Terry Stone
(Acting) Executive Director