RULING NUMBER COM TB 004/2008

COMMISSION HEARING TORONTO, ONTARIO – APRIL 8, 2009

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

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF GARRY CRUISE

On July 22, 2008, the Stewards at Fort Erie issued Thoroughbred Ruling TB 5452/08 to Garry Cruise (“CRUISE”) for going out with his horse, Dillon Said, and interfering with the horse, Enough is Enough, during the running of the 9th race on July 20, 2008. CRUISE was suspended for three racing days (July 27-29, 2008) and Dillon Said was disqualified from first position and declared unplaced, pursuant to Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03, 11.09.05, and 11.14 of the Rules of Thoroughbred Racing.

CRUISE appealed Thoroughbred Ruling TB 5452/08 to the Ontario Racing Industry Board of Appeal (“Board of Appeal”). On October 1, 2008, the Board of Appeal heard the appeal of CRUISE. The Board of Appeal denied his appeal.

CRUISE further appealed to a Panel of the Ontario Racing Commission (“ORC”).

On April 8, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, Commissioner David Gorman and Commissioner Brenda Walker, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. CRUISE appeared on his own behalf.

Upon hearing the testimony of Senior Steward Richard Grubb, ORC Licensed Jockey Daniel J. David and ORC Licensed Apprentice Jockey Melanie Pinto, and CRUISE, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel denied the appeal.

The transcript with the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 15th day of April 2009.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF GARRY CRUISE

Held Before:

Rod Seiling, Chairman

David Gorman, Commissioner

Brenda Walker, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GARRY CRUISE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 8th day of April, 2009.

Appearances:

Jennifer Friedman,

for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. After listening to the testimony and reviewing the submissions and the evidence the panel denies Mr. Cruise's appeal. He is to work with the Stewards as per Thoroughbred Rules number 9.14.01 and .02 as to when his suspension will commence. Steward Grubb testified that Mr. Cruise caused the interference. His testimony was supported by the testimony of jockeys Daniel David and Melanie Pinto. Mr. Cruise admitted that he did come out. The panel accepts the testimony that he was not clear when he came out at the subject area as per Mr. Cruise's assertion that he was clear and free to move his horse. Thank you.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths