Ontario Racing Commission

TB

RULING NUMBER COM SB 033/2009

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 14, 2009

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

AND IN THE MATTER IN AN APPEAL AND REQUEST FOR HEARING OF MICHAEL SAFTIC

On July 26, 2009, Michael J. Saftic ("SAFTIC") drove the horse, JOEY THREE CHINS, in the 9th race at Mohawk Racetrack.

On July 26, 2009, the Judges at Mohawk Racetrack issued Standardbred Official Ruling SB 41206 wherein SAFTIC was given a $500 fine and a three-day driving suspension (July 28-30, 2009) for his fourth offence for conduct contrary to former Rule 22.22 of the Rules of Standardbred Racing. The reasons provided by the Judges included: "Violation of ORC Rule 22.22: Mr. Saftic did use his whip in an indiscriminate manner".

On July 26, 2009, SAFTIC filed a Notice of Appeal.

On July 27, 2009, the Executive Director of the Ontario Racing Commission ("ORC") issued Ruling Number SB 106/2009 wherein SAFTIC was granted a stay of his penalty until such time as his appeal is heard.

On October 14, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, Commissioner Pamela Frostad and Commissioner Brenda Walker, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. SAFTIC was unrepresented.

Upon hearing the testimony of ORC Judge Bill Maertens and SAFTIC, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel denied the appeal but varied the penalty to $500 for a third offence.

The transcript with the Panel's Oral Decision is attached to this Ruling.

DATED at Toronto this 19th day of October 2009.

BY ORDER OF THE COMMISSION

John L. Blakney Executive Director

ONTARIO RACING COMMISSION STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MICHAEL SAFTIC

Held Before: Rod Seiling, Chairman Brenda Walker, Commissioner Pamela Frostad Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MICHAEL SAFTIC, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 14th day of October, 2009.

Appearances: Jennifer Friedman, for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: All rise please. Please be seated. After carefully reviewing the testimony, the evidence and the documents the panel denies the appeal but varies the penalty. The evidence clearly shows the whip between the legs of JOEY THREE CHINS in the ninth race at Mohawk Raceway on July 24, 2009. The Judges were correct with their determination of the Rule violation of Rule 22.22. Notwithstanding that the infraction was Mr. Saftic's fourth violation within one year the Commission officials did make an error as relates to the penalty assessed as per tab 1. The penalty assessed by the Judges on March 9, 2009 was $300.00. The amount, as per Judge Maertens' testimony, is the standard fine for second offence and therefore it was not a typographical error. The penalty therefore is varied to $500.00 for a third offence. Any questions? I think it is pretty standard, pretty straight forward. Thank you. ------------------------

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths