Ontario Racing Commission
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 c. 20;
AND IN THE MATTER OF THOROUGHBRED OWNER/TRAINER/EXERCISE PERSON
SCOTT FAIRLIE
Thoroughbred Owner/Trainer/Exercise Person, Scott Fairlie appealed the Stewards ruling number TB 6116/06 issued April 21st, 2006 wherein he was fined the sum of $1,000.00 for violation of Rule 16.05(c) of the Rules of Thoroughbred Racing for disregarding the directions of an Association Official as requested on April 9, 2006 at Woodbine Racetrack.
On May 24th, 2006, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka, Commissioners Gorman and Brennan convened to hear the appeal.
Luisa Ritacca appeared at the hearing for the Administration and Nick Coukos appeared as agent for Scott Fairlie.
On hearing the evidence of the parties, and on reading and reviewing the exhibits filed, and on hearing the submissions of counsel, the panel DISMISSED the appeal and upheld the fine of $1,000.00 for the violation of Rules 16.05(c).
The Commission's reasons for decision form part of the transcript of the hearing and are attached to this Ruling.
DATED at Toronto this 2nd day of June 2006.
BY ORDER OF THE COMMISSION ________________________
John L. Blakney Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF A HEARING BEFORE A PANEL OF THE ONTARIO RACING COMMISSION RE THOROUGHBRED LICENSEE OWNER/TRAINER/EXERCISE PERSON SCOTT FAIRLIE
This is an excerpt of the proceedings before a panel of the Ontario Racing Commission re: SCOTT FAIRLIE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, Canada, at the offices of The Ontario Racing Commission, Mississauga, Ontario on the 24th day of May, 2006.
Appearances: Luisa J. Ritacca, for the Administration, Nick Coukos, HPBA representative, for Scott Fairlie,
DISCIPLINE COMMITTEE PANEL PARTICIPANTS: Ms. Lynda Tanaka (Chair) Dr. B. Brennan Mr. D. Gorman
Hearing Resumed
MR. HALL: All rise please. This hearing is now back in session. Please be seated.
THE CHAIRMAN: This matter is an appeal by Scott Fairlie, thoroughbred licensee owner/trainer/exercise person from steward's ruling Thoroughbred 6116/06 wherein he was fined the sum of $1,000.00 for violation of Rule 16.05(c) of the Rules of Thoroughbred Racing for disregarding the directions of an association official as requested on April 9, 2006 at Woodbine Racetrack. The incident occurred at the training track. The association official was Mr. Gene Saito who is the out-rider. Mr. Saito is in essence the traffic policeman controlling traffic on the training track. The incident arose towards the end of the training period in the morning of April 9th.
The evidence before us is that Mr. Fairlie brought two young horses who were so inexperienced that one of them froze when the worker walked by the rail. The horse was being led by Mr. Fairlie. Mr. Fairlie saw Mr. Saito coming on his pony approaching to assist, in accordance with the instructions Mr. Saito has as to what he is to do when a horse freezes up. The rider responded the second time Mr. Fairlie told him to get off the horse. This procedure of the rider dismounting is apparently agreed to be the best practice, given the uncertainty of the actions that a horse that has frozen will take.
The evidence is that standing close by was Mr. David Wilmot a horse owner and I think is President of Woodbine Entertainment Group, his trainer and assistant trainer. Mr. Fairlie removed the two horses from the training track and when Mr. Wilmot, his trainer and assistant trainer were walking by Mr. Fairlie asked the assistant trainer to help his rider get back up onto the horse. The two horses were then led by Mr. Fairlie back onto the track. Mr. Wilmot went to Mr. Saito to report that Mr. Fairlie was not obeying the instructions Mr. Saito had given Mr. Fairlie to take the horses to the sand ring.
This order by Mr. Saito was described in his evidence in this way. He said: "I asked Scott if they had been in the sand ring." He later in his testimony said: "I asked him to take the horses to the sand ring for a few days." When Mr. Fairlie testified he indicated that he did not take Mr. Saito's comments as an order from an official at that point. He did acknowledge that at a later occasion after he had taken the horses back onto the track Mr. Saito asked him to remove the horses a second time. At that point Mr. Fairlie refused to do so because Mr. Saito, he said, was ordering him to take the horses off by way of the on gap instead by way of the off gap, thereby leading to a potential safety issue with on coming traffic and he also said that it was not safe to stop horses from galloping so suddenly because they were still frisky if they were halfway through their training.
We also have evidence that there is a dispute outstanding between the HPBA and Woodbine Entertainment Group, Mr. Saito's boss, as to the safety standards with respect to the training track. Mr. Saito has been many years in horse racing. He has at the present time the position of out-rider, to attempt to control the horses on the training track and to provide a safe environment. At busy times there are many many horses on that training track. At the time in question there were very few. Mr. Saito, however, gave a specific instruction and given the context of him speaking to a man that he plays hockey with and has known for many years we are not distracted from the fact that an instruction was given by the fact that it was put in the context of a request.
That being the case then Mr. Fairlie offers the excuse that he had made a decision as to what was a safer course of action. The difficulty is that it is not in our view for there to be a debate going on between the only person controlling the traffic on the training track and one of the trainers, one of the many people out on the training track with their horses at any one time. There are other places for the discussion to take place as to whether or not what the official is doing is the correct thing.
If there are different instructions to be given to the association official as to what he should do or what is the policy or what is the practice at the time, having a debate with that official in the middle of the training track is not appropriate, so bearing in mind that we have been informed that Mr. Fairlie is one of the top five trainers and has been for several years at Woodbine we regard the $1,000.00 fine as appropriate. It may be a little light. We hope to deter conduct, disrespect or disregard to any of the association officials in this regard and that is our decision. Thank you very much.
CERTIFIED CORRECT:________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths