IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 c. 20;
AND IN THE MATTER IN THE APPEAL OF STANDARDBRED LICENSEE STEVE SKILTON
Standardbred licensee Steve Skilton appealed the Judges’ Ruling No. SB 34690 dated September 25th, 2006 where the horse Carolyn As finished third and was placed sixth for violation of rule 22.05.01(a) of the Rules of Standardbred Racing. In addition, Mr. Skilton appealed from the 3-day driving suspension imposed by the same Ruling.
On September 27, 2006, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka and Commissioners Jane Garthson and Bernard Brennan, DVM, convened to hear the matter.
Luisa Ritacca appeared at the hearing for the Administration and Mr. Skilton appeared on his own behalf.
On hearing the evidence and on reading and reviewing the exhibits filed, and on hearing the submissions of counsel and Mr. Skilton, the Commission dismissed the appeal.
The Commission gave oral reasons for the decision, the transcript of which is attached to this ruling.
DATED at Toronto this 4th day of October 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
- Please note the amended Ruling Number
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF STANDARDBRED LICENSEE STEVE SKILTON
BEFORE: Lynda Tanaka Chair
Dr. B. Brennan Member
Jane Garthson Member
- - - - - - REASONS -- - - - - -
Conducted in the Hearing Room of the Ontario Racing Commission, 4th Floor, Suite 400, 10 Carlson Court, Toronto, Ontario, before Toronto Court Reporters on the 27th day of September, 2006.
Appearances:
Luisa J. Ritacca and Terry Stone for the Administration,
Steve Skilton Unrepresented.
Upon resuming ---
THE CHAIR: This is an appeal from the Judges' Ruling No. SB 34690 dated September 25, 2006 where the horse Carolyn As finished third and was placed sixth for violation of rule 22.05.01(a) of the Rules of Standardbred Racing. The ruling also imposed a three day driving suspension on the driver, Mr. Steve Skilton who has filed the appeal. We heard the evidence of Judge Cass and driver Jody Jamieson. Mr. Jamieson was driving No. 5 horse -- sorry, the No. 2 horse, Duchess of York, which was following the No. 5 horse, Carolyn As. Both horses seemed to have established their own lane in the stretch run when the No. 5 horse came out and there was contact between the No. 2 horse, Duchess of York, and the cart of the No. 5 horse driven by Mr. Steve Skilton. Whie Mr. Skilton argues that there was an opportunity for Mr. Jamieson to have avoided the contact by not driving as tightly as he did in the circumstances, this was a Gold Eliminations Race and the purse was sizeable and the potential for a large purse was sizeable so the expectation is that in this class the drivers will drive tight and will try to win using all appropriate conduct. In this case, Mr. Skilton admits to coming out, admits to the contact and therefore we find that there is inference and we dismiss the appeal. We note that Judge Cass indicates that the judges took into account the fact that driving conditions were not ideal in reducing what would be normally the penalty of five days suspension down to a three day suspension. I've already indicated on the record our appreciation to Mr. Skilton for the way he conducted himself in this hearing. You showed a sophistication in terms of the knowledge of the process and a civility to everyone involved, though I know you're disappointed with the outcome both of the judges' ruling and of our decision. In our -- all of us are experienced panelists and we have noted many who have not conducted themselves as well and we congratulate you on that. Thank you.
CERTIFIED CORRECT:
Maureen D. Hopkinson, CVR-CM,
Commissioner of Oaths.