IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF STANDARDBRED LICENSEE
JOSEPH INTINE
Standardbred Licencee Joseph Intine (Licence J81040) appealed the decision of the Judges made under Rule 22.09 of the Rules of Standardbred Racing to place the horse LUCKY ANGEL fourth, from the third position, for causing interference to the horse HUMMNAHUMMNAHUMMNA and to place HUMMNAHUMMNAHUMMNA third in the order of finish in the third race at Kawartha Downs Raceway on July 20, 2004.
On July 21 and 22, 2004, Chair Lynda Tanaka, Vice-Chair Larry Todd and Commissioner George Kelly of the Ontario Racing Commission convened to hear the appeal.
Mr. Intine appeared on his own behalf on July 21, 2004. No one appeared for Mr. Intine on July 22, 2004. Jared Bothwell and Robert Giles appeared on behalf of the owners of HUMMNAHUMMNA-HUMMNA on July 22, 2004. Tim Snell appeared on behalf of the Administration.
Upon hearing the evidence of Judge Al Caughey, Doug Brown, Joseph Intine, Roger Mayotte and Jared Bothwell, and upon reading the exhibits and hearing the submissions of the parties, the Ontario Racing Commission dismissed this appeal with Vice Chair Todd dissenting from the majority decision.
The placement of the horse HUMMNAHUMMNAHUMMNA in the third position and LUCKY ANGEL in the fourth position in the order of finish in the third race at Kawartha Downs Raceway on July 20, 2004 is hereby confirmed.
The reasons for decision and the dissenting reasons of Vice Chair Todd form part of the transcript of the hearing.
DATED this 26th day of July 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Executive Director (Acting)