Appeal of Lawrence Goichman and Patricia Sutherland, 2004 CanLII 76154

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF THE APPEAL OF THROUGHBRED OWNERS

LAWRENCE GOICHMAN AND PATRICIA SUTHERLAND

Thoroughbred Owners Lawrence Goichman (124411) and Patricia Sutherland (1243821) appealed Stewards’ Ruling TB 140/04 in which they were found in violation of Rules 4.08(a), 4.15, 6.01(c), 6.06, 6.11.1(a), 6.11.3 of the Rules of Thoroughbred Racing because the horse owned by them, LIBERTYWITHJUSTICE, raced and finished first in the 8^th race at Woodbine Racetrack on June 11, 2004, at a time when they were not licensed. As a result, the order of finish was ordered by the Stewards to be as follows:

First REPUTED DEEDS

Second BELL’S LASS

Third PUFF CARMEN

Fourth ALL ABOUT COLOUR

Fifth LABEEB LUCKY GIRL

On September 22, 2004, Vice Chair Larry Todd, and Commissioners Jane Garthson and Brenda Walker convened to hear this appeal.

Harvey Swartz appeared on behalf of Mr. Goichman and Ms. Sutherland and Tim Snell appeared on behalf of the Administration.

Upon hearing the evidence of Steward Richard Grubb and Mary Taylor and upon reading the exhibits and hearing the submissions of the parties, the Ontario Racing Commission decided to allow this appeal in part as follows:

1. Ruling TB 140/04 is hereby quashed and the original order of finish of the 8^th race at Woodbine Racetrack on June 11, 2004 is hereby restored and the purse monies, which were held pending the hearing of this appeal, shall be distributed according to the original order of finish.

2. Mr. Goichman and Ms. Sutherland are each hereby fined $5,000.00 payable to the Avelino Gomez fund.

3. The licences of Mr. Goichman and Ms. Sutherland shall be placed on probation, the terms of probation being that they are hereby prohibited from participating in racing directly or indirectly until such time as confirmation is received by the Administration of the Ontario Racing Commission that they have fully paid the fines as set out in paragraph 2) above.

The transcript of the oral reasons for decision is attached to and forms part of this Ruling.

DATED this 27^th day of September 2004.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director