IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED LICENSEE ROBERT LORMER MCCLURE
RULING
Standardbred Owner/Driver/Trainer Robert Lormer McClure appealed Judges Ruling Number 27367 issued at Georgian Downs on January 11, 2003 wherein he was fully suspended for 10 days, fined the sum of $500 and placed on probation until December 31, 2003, for violating Standardbred Rules 6.17 (c), (d) and 6.20(b) of the Rules of Standardbred Racing.
On February 26, 2003, ORC Chair Stanley Sadinsky, Q.C., convened to consider the matter, along with Commissioners Patricia Bullock and Dr. Bernard Brennan.
Mr. McClure appeared on his own behalf and Joanne Mitchell appeared on behalf of the ORC Administration.
On hearing the testimonies of Dana MacDonald, Fernando Fonseca, Judge Brent Davies, Lormer McClure and Linda Denis, on reading the exhibits filed and on hearing the submissions of the parties, the ORC Panel dismissed the appeal, thereby upholding the penalty issued pursuant to Judges SB Ruling 27367.
The Panel determined that Mr. McClure and the ORC Administration shall agree on the date of commencement of suspension. Failing such agreement, the matter of commencement of suspension may be returned to the Panel for determination.
DATED this 28th day of February 2003.
BY ORDER OF THE COMMISSION (original signed by) Jean Major
Jean Major
Executive Director
REASONS FOR DECISION
Robert Lormer McClure (McClure) was fully suspended for ten days and fined the sum of $500 and placed on probation for one year by the Judges at Georgian Downs (Georgian) for violating Standardbred Rules 6.17 (c), (d) and 6.20 (b) for misconduct in that he used insulting and offensive language toward security personnel at Georgian on December 31, 2002.
At the hearing before us, which was a hearing de novo, Joanne Mitchell represented the Administration of the Ontario Racing Commission (ORC) and called three witnesses, viz. Security Officers Dana MacDonald (MacDonald), Fernando Fonseca (Fonseca) and Standardbred Judge Brent Davies (Davies). McClure represented himself and gave evidence and called Linda Denis (Denis) as his witness.
On consideration of all of the evidence, we find the following to be the facts. McClure intended to race a horse at Georgian on the evening of December 31, 2002. However, the races were cancelled. McClure left his horse unattended in the paddock while he visited a bar in the grandstand at Georgian. McClure drank alcoholic beverages at the bar until he was cut off at approximately 9:00 p.m. McClure remained at the bar awaiting the arrival of Denis who had raced one of his horses at London that evening and was returning to Georgian to pick up McClure and his horse.
McClure planned that when Denis arrived, he would unload the horse that she was trailering and allow it to urinate and have a drink of water. In the meantime, Denis and her helper would join McClure in the bar and they would celebrate New Years together. McClure believed that the horse coming from London would need this respite, as would its handlers.
McClure visited his horse twice in the paddock prior to the arrival of Denis. According to McClure the horse was calm and sleeping.
Security officers at Georgian found an unattended horse in the paddock and wanted it removed so that they could lock the paddock and presumably enjoy New Years Eve themselves. The horse was acting up when the security officers observed it. When Denis arrived, security personnel insisted that she load the horse on to her trailer and leave with McClure. When McClure was advised that Denis had arrived and that she would pick him up at the grandstand, he objected. He advised the security people that he would unload the trailered horse and that Denis would join him at the bar. The security people insisted that he leave and this caused the insulting and offensive language that McClure admitted to. He testified that he was provoked by the unreasonable position taken by the security people and that he had the right to stay in order to care for a horse that had been in a trailer for the past four hours. There was some minor physical contact between McClure and Fonseca but in the end McClure was escorted out. We find that he was loud, that his language was offensive and insulting and that he had caused an unruly disturbance in a public part of Georgian.
We are satisfied that the earlier drinking by McClure contributed to the incident. Once McClure reacted to the request of the security officers that he leave in a volatile and offensive manner, the security people also reacted by ensuring that McClure left the premises forthwith. What should have resulted in a meaningful discussion as to McClure’s needs for his horse, Georgian’s needs to close its paddock and everyone’s desire to enjoy the New Years Eve celebration, turned into an unfortunate altercation.
While one can understand why McClure reacted as he did, it does not justify his offensive and insulting behaviour. Licensees must conduct themselves in an orderly manner at all times on the premises of a licensed racing association and McClure certainly did not do so.
In the result, McClure’s appeal is dismissed. As to penalty, we note that McClure was convicted of using offensive language to a racing official at Sudbury on July 27, 2002. On that occasion, he was fined the sum of $200. In the circumstances, we have concluded that the penalty imposed by the Judges at Georgian on this occasion was the correct one and it is hereby confirmed.
We leave it to the Administration and McClure to agree on the date when his suspension will commence. Failing such agreement, that matter may be returned to this panel.
DATED this 28th day of February 2003.
(original signed by) Stanley Sadinsky
Stanley Sadinsky, Q.C.
Chair