IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED TRAINER/OWNER CHARALAMBOS CHRISTOFOROU
Standardbred Trainer/Owner Charalambos Christoforou appealed the ruling of the Industry Board of Appeal dated November 7, 2005, disallowing Mr. Christoforou's appeal of Judges' Ruling Number SB 33860 dated July 30,2005, wherein the horse NOBLE JAKE, having finished 1st in the Canadian Breeders Championship - Final (10th race) at Mohawk Raceway on July 30,2005, was placed 9th in that race, in accordance with Rule 22.09 of the Rules of Standardbred Racing, for causing interference while off stride.
The ORC Panel hearing the matter consisted of Chair Lynda Tanaka and Commissioners David Gorman and Bernard Brennan, DVM. The Panel convened on May 23, 2006. Aaron Dantowitz represented the Administration and Jean-Marc McKenzie represented Charalambos Christoforou.
On hearing the evidence of Judge Tom Miller, Stephen Condren and Mario Baillargeon, and on reviewing the videotape of the race and the Exhibits, and on hearing the submissions on behalf of the Administration and of Charalambos Christoforou, the Panel found that no interference had occurred and restored the original order of finish.
The order of finish of the 10th race at Mohawk Raceway on July 30, 2005 is therefore:
- NOBLE JAKE
- LINCOLN PARKE
- ASTRONOMICAL
- ZOOKA
- PUTNAM ROMEO
- PACIFIC ADMIRAL
- ISLE OF PATMOS
- BIG BONUS
- BLUE BURNER
- SILENT SWING
The Commission's oral 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
STANDARDBRED HEARING
IN THE MATTER OF a hearing before a panel of The Ontario Racing Commission re STANDARDBRED LICENSEE CHARALAMBOS CHRISTOFOROU
This is an excerpt of the proceedings before a panel of the Ontario Racing Commission re: CHARALAMBOS CHRISTOFOROU, 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 23rd day of May, 2006.
Appearances:
Aaron Dantowitz, for the Administration,
Jean Marc McKenzie, for Charalambos Christoforou.
DISCIPLINE COMMITTEE PANEL PARTICIPANTS:
Ms. Lynda Tanaka (Chair) Dr. B. Brennan Mr. D. Gorman
Hearing Resumed
MR. FINES: All rise.
THE CHAIRMAN: Be seated. At the outset we want to thank counsel and the witnesses for their able argument of the case and as Mr. Baillargeon said, this is a very tough call but we have looked at the video tape from all the angles and we have viewed it and listened to the witnesses carefully and it appears to us that technically at least two horse of the field behind Mr. Condren's horse had to change direction but they did so as a matter of safety rather than as a deliberate act of the driver to impede them. Of course we encourage the drivers to react to create a margin of safety because of the disastrous results that can occur.
While there was evidence that a horse's performance would be affected if the driver had to grab hold twice at the first turn, we could see on the video tape no evidence of the drivers grabbing hold. Rather, they steered the horses to a position two out from the rail and then returned to the rail. While they had to travel some additional distance in that movement and while they did not plan that move as the best part of their race strategy drivers must be able to respond to the way the race unfolds as it occurs and moving over one lane under a steering scenario rather than a grabbing hold scenario and rather than losing ground is not outside the normal flow of a race.
We know that the judges took ten minutes to make their decision on this issue. We could see no grabbing hold on the part of the two horses following Mr. Condren. We could see no losing ground. We could see no sudden change of direction on the part of the two following horses; rather, a gradual movement. Therefore we find no interference occurred and we restore the original order of finish positions as they actually occurred. Thank you very much, Mr. Reporter. Thank you very much, counsel.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths