IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL
THOROUGHBRED LICENSEE PATRICK HUSBANDS
Thoroughbred licensee Patrick Husbands appealed to the Industry Appeal Board from a decision of the Stewards (Ruling Number TB5015/2007) dated August 24, 2007 wherein Mr. Husbands was suspended for three days for coming in with his mount XALER and causing interference on MONEY PLAYER rounding the far turn during the running of the 3rd race, August 19, 2007 at Woodbine Race Track. On October 3, 2007, the Thoroughbred Division of the Ontario Racing Industry Board of Appeal heard and allowed the appeal, but did not address the order of finish.
On November 14, 2007, a Panel of the Ontario Racing Commission consisting of Vice Chair Hon. James Donnelly, Commissioner Bernard Brennan and Commissioner Brenda Walker convened to hear Mr. Husbands’ appeal concerning the order of finish.
Katherine Hensel appeared at the hearing for the Administration and Dan McMahon appeared on behalf of Mr. Husbands.
On hearing the submissions of Mr. McMahon and counsel for the Administration, the Commission ADJOURNED the appeal, sine die.
Written reasons for the decision are attached to this Ruling.
DATED at Toronto this 28th day of November 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Following the 3rd Race at Woodbine Racetrack on August 19, 2007, Patrick Husbands, the jockey on XALER, was suspended by the Stewards for three days for coming in on MONEY PLAYER rounding the far turn. XALER was disqualified from first position and placed 7th.
Patrick Husbands appealed “from such ruling” to the Industry Appeal Board on the basis that:
“I was not the cause of the interference, the rider of the # 1 horse (MONEY PLAYER) was the author of his own misfortune.”
The Industry Appeal Board allowed Patrick Husbands’ appeal as it related to the three-day suspension, canceling the same.
The matter comes before this Panel in relation to the second phase of the Stewards’ Ruling, that is, XALER was disqualified from first position and placed 7th.
The Industry Appeal Board decision is silent on this second issue. The Administration position is that inferentially, that silence bespeaks affirmation of the Stewards’ Ruling. Patrick Husbands’ position is that notwithstanding that silence on the issue, the Industry Appeal Board found
“The rider of the outside horse, XALER, did not, in the view of the Panel, do anything to contribute to the episode.”
Accordingly, it is contended on behalf of Mr. Husbands, that it follows automatically that XALER should be restored to first position and is thereby entitled to the winner’s share of the $27,300.00 total purse.
- The difficulty is:
When XALER was disqualified, HELLO CITY, which finished second behind XALER, became the winner.
The notice of this hearing which was served upon the owner of HELLO CITY referred only to Patrick Husbands’ appeal against his suspension. The Notice of Appeal made no reference to the issue of restoring XALER to the win position. The owner of HELLO CITY did not attend nor was he represented at this hearing.
Clearly he has a substantial interest in the outcome – as such, under Section 5 of the Statutory Powers Procedure Act he is entitled to be a party to this proceeding and must be given proper and specific notice of what interest of his may be in jeopardy.
The matter is adjourned sine die in order that proper service may be made and all parties have the opportunity to attend and be heard.
The rehearing, if any, will be before this Panel. Apart from oral submissions, the only evidence heard by the panel was that of Steward McMahon.
That evidence will be transcribed and made available to the parties.
DATED this 28th day of November 2007.
Hon. James Donnelly
Vice Chair