IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF STANDARDBRED
OWNER/DRIVER/TRAINER MICHAEL H. SCHAEFER
RULING
Standardbred Owner/Driver/Trainer Michael H. Schaefer appealed Judges’ Ruling Number SB 23118 issued on November 29, 2000 wherein he was suspended for five days for violation of Rule 22.05(a) of the Rules of Standardbred Racing, for bearing in and causing interference while driving the horse, BRIANS BUCK, in the 9th race at Sudbury Downs on November 25, 2000. The horse BRIANS BUCK finished first and was placed 8th.
On January 17, 2001, the Ontario Racing Industry Board of Appeal by majority decision allowed the appeal thus rescinding the Judges’ decision and restoring the original order of finish. Standardbred driver Robert Jenkins, Jr. appealed the majority decision of the Ontario Racing Industry Board of Appeal to the Ontario Racing Commission.
On May 29, 2001, Vice Chair Herbert Bryant, Commissioner Ernest Nock and Commissioner Patricia Bullock of the Ontario Racing Commission convened to hear the appeal.
Mr. Jenkins appeared on his own behalf, Mr. Schaefer appeared on his own behalf and Don Bourgeois, Counsel, appeared on behalf of the Administration.
Upon hearing the testimony of Judge Brent Davies, the appellant Robert Jenkins, driver Keith Jones and respondent Michael Schaefer, upon viewing the race video, upon reading the exhibits filed and upon hearing submissions on behalf of the parties, the Ontario Racing Commission disallowed the appeal and restored the decision of the Ontario Racing Industry Board of Appeal.
The Commission gave oral reasons for its decision which form part of the transcript.
DATED this 29th day of May, 2001.
BY ORDER OF THE COMMISSION ________________________
Jean Major
Executive Director