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

AND IN THE MATTER OF STANDARDBRED LICENSEE

SHAYNE BARRINGTON

Standardbred licensee Shayne Barrington appealed Judges' ruling SB 31483 wherein he was suspended for five days (August 20 - 24, 2005, inclusive) for violation of Rule 22.05.01(a) of the Rules of Standardbred Racing in the 10th race on August 17, 2005, at Hanover Raceway. The horse driven by Mr. Barrington, NEVADA SEELSTER, finished first and was placed seventh.

On August 24, 2005, a Panel of the Commission consisting of Chair Lynda Tanaka and Commissioners Brenda Walker and David Gorman convened to hear the appeal. Brendan Van Niejenhuis represented the Administration as counsel, and John Barrington represented Shayne Barrington as agent.

On hearing the evidence of Judge Doug Hopkins, Jason Gilchrist, James McClure and Shayne Barrington, and on reviewing the exhibits filed, the Commission dismissed the Appeal and upheld the finding that Shayne Barrington violated Rule 22.05.01(a) and upheld the penalty of five days suspension. The Commission ordered that the suspension be served beginning August 29, 2005 until September 2, 2005, inclusive.

The Commission's Reasons for Decision form part of the transcript of the hearing and are attached to this Ruling.

DATED this 29th day of August, 2005.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF STANDARDBRED LICENSEE

SHAYNE BARRINGTON

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 24th day of August, 2005.

DISCIPLINE COMMITTEE PANEL:

L. Tanaka Chair B. Walker D. Gorman

APPEARANCES:

B. Van Niejenhuis Counsel for the Administration John Barrington For the Appellant

Also Present:

Brent Stone

--- Upon commencing August 24th, 2005, 4:40 p. m.

THE CHAIR: Be seated, thank you. The panel has reached its decision and we want to thank Mr. John Barrington, the trainer of the horse NEVADA SEELSTER for assisting us and assisting Mr. Shayne Barrington in bringing forward his appeal.

This is an appeal from the ruling of the Standardbred judges at Hanover, Ruling SB 31483, with respect to the 10th race on August 17th in which Shayne Barrington was found that he did bear in at the 5-8ths pole while driving NEVADA SEELSTER, causing interference to number 1, MOUNTAINVIEW MIKE and trailing horses. NEVADA SEELSTER had finished first and was placed 7th, and Mr. Shayne Barrington was suspended from driving for 5 days. That suspension was stayed pending the outcome of this appeal, which was scheduled on an emergency basis.

We have heard the evidence of Judge Hopkins, driver Jim McClure, who was driving the 8th horse, OH BOY OH BOY, and Jason Gilchrist, as well as the evidence of Shayne Barrington. We have also reviewed the video on several occasions with the assistance of all the witnesses.

The horse MOUNTAINVIEW MIKE was in the position one and was driven by Jason Gilchrist. The horse broke after the third turn at the 5-8ths pole. The judges found that NEVADA SEELSTER had borne in and interfered with MOUNTAINVIEW MIKE, and NEVADA SEELSTER, finished first, was placed seventh.

Much evidence was led over the issue of whether or not there was contact between the horse and the wheels of NEVADA SEELSTER's bike. Driver, McClure, testified that he was certain, based on his experience, that there had been contact. It's not necessary under the rules to establish that there had been contact in order for a ruling of interference to be made.

In our view, NEVADA SEELSTER did interfere with MOUNTAINVIEW MIKE under the wording of the rule. We have noted the submissions that Mr. Gilchrist was having trouble driving MOUNTAINVIEW MIKE, as evidenced by the pylons he hit. Mr. Barrington testified that MOUNTAINVIEW MIKE was having so much trouble that he wanted to get past the horse. Having observed the relative positions of the horses at the third turn and thereafter, we find that Mr. Barrington bore down too close to MOUNTAINVIEW MIKE and caused the interference.

We confirm the penalty of five days suspension but, bearing in mind that Mr. Barrington probably has commitments to drive, the suspension will not start until Monday, August 29th, continued for the following five consecutive days, to September 2.

A ruling of the Commission will issue in writing and attached will be a transcript of the ruling given orally, and that is the ruling of the Commission. Thank you.

--- Whereupon proceedings adjourned at 4:45 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