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

AND IN THE MATTER OF THOROUGHBRED JOCKEY GERALD BAIRD

Thoroughbred Jockey Gerald Baird appealed the ruling of the Industry Board of Appeal dated June 15, 2005, which had upheld Stewards' Ruling Number TB 2909/2005 issued against him on May 1, 2005, wherein he was suspended for 3 days for violation of Rules 11.07, 11.09.01, 11.09.03 and 11.09.05 of the Rules of Thoroughbred Racing for going out with his mount BOLD COVER and interfering with the outside horses in the 6th race on April 29, 2005 at Woodbine Racetrack.

The ORC Panel hearing the matter consisted of Chair Tanaka and Commissioners David Gorman and George Kelly. The Panel convened on September 21, 2005. Aaron Dantowitz appeared as counsel for the Administration and Irwin Driedger appeared as agent for Gerald Baird.

On hearing the evidence of Steward Richard Grubb, Eurico De Silva, and Gerald Baird, and on reviewing the videotape of the race and the Exhibits, and on hearing the submissions of counsel for the Administration and the agent for Mr. Baird, the Panel found that Mr. Baird was not in control of his horse in the turn at the times in question. However, the Panel found that Mr. Baird had not acted deliberately and had taken immediate action when his horse swerved. Accordingly, the Panel allowed Mr. Baird's appeal in part, reducing his suspension to 2 days.

The Panel's reasons for decision form part of the transcript of the hearing, and are attached to this ruling.

DATED this 16th day of November 2005.

BY ORDER OF THE COMMISSION

John L. Blakney Executive Director

Transcript

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THOROUGHBRED JOCKEY

GERALD BAIRD

REASONS FOR DECISION

Hearing conducted in the Hearing Room of the Ontario Racing Commission, 7th Floor, 20 Dundas Street West, Toronto, Ontario, on Wednesday the 21st day of September, 2005.

DISCIPLINE COMMITTEE PANEL:

L. Tanaka Chair G. Kelly D. Gorman

APPEARANCES:

Aaron Dantowitz Counsel for the Administration Irwin Driedger For the Appellant Also Present: Ed Hall

--- Upon resuming at 3:04 p. m.

REASONS FOR DECISION:

THE CHAIR: This is an appeal by Gerald Baird from Thoroughbred Ruling 2909/2005 in which he was suspended for three days for violations of Rules 11.07, 11.09.01, 11.09.03, and 11.09.05 for going out with his mount BOLD COVER and interfering with the outside horses in the 6th race on April 29th, 2005 at Woodbine Racetrack. The horse was disqualified from 3rd position and placed 6th and there's no appeal with respect to that determination.

The issue relates to the responsibility of the rider in the circumstances and, because there's no issue that the horse should be disqualified, we assume that it's agreed that the horse swerved, at least the horse swerved if not that it was ridden so as to interfere with, or impede other horses. In terms of the question of the jockey's responsibility in these circumstances, we're satisfied on the basis of the evidence we've heard, that Mr. Baird was not in control of his horse in the turn at the times in question both through our observation of the video, particularly his own evidence concerning his whip and the management of his horse.

In our view, it's incumbent on jockeys to maintain control of their horses, but in view of the fact that there were a series of circumstances that caused the near accident here, and that it was not a deliberate act on Mr. Baird's part and that he took immediate action, we reduced the penalty to two days suspension.

--- Whereupon proceedings adjourned at 3:06 p. m.

I HEREBY CERTIFY THE FOREGOING to be a true and accurate transcription of a cassette tape recording to the best of my skill and ability.

MAUREEN BYNOE, Stenomask Reporter B. A., Commissioner of Oaths