Ontario

Racing

Commission

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RULING NUMBER COM SB 019/2010

COMMISSION HEARING TORONTO, ONTARIO – APRIL 14, 2010

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

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF

STANDARDBRED LICENSEE IAN DOWNEY, LICENSE NO. 3064K

On March 22, 2010, the Judges issued Standardbred Official Ruling SB 42304 wherein Ian Downey (“Downey”) was given the penalty of the placing of the horse SHARON THE MOMENT from 1st to 4th for the following reason:

Violation of ORC Rule 22.09 – did cause interference to another horse near the three-quarter pole in race 8 at Western fair on March 16, 2010.

On March 17, 2010, Downey filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On April 14, 2010, a Panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purpose of hearing this matter.

Rick Rier appeared on behalf of the Administration of the ORC. Downey attended the Hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Doug Hopkins, Greg Dustin, and Doug McNair, and upon considering 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 2010.

BY ORDER OF THE COMMISSION

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL

AND REQUEST FOR HEARING OF

IAN DOWNEY

Held Before:

Brenda Walker, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: IAN DOWNEY, 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 April, 2010.

Appearances:

Rick Rier, for the Ontario Racing Commission Administration

Hearing continued ...

MR. RIER: All rise

MS. CHAIRMAN: Please be seated. In the matter of the appeal of Ian Downey SB42304 on March 16th, 2010 for the placement of SHARON THE MOMENT from 1st to 4th in the 8th race at Western Fair the Rule 22.09 for interference results in any cause of the violation of the rule the offending horse is set back. After viewing the tape and hearing the evidence the appeal has been disallowed. The film does show that Mr. Dustin had to check his horse and the rule clearly states that if it impedes the progress and that is how I've looked at this violation, that the rule does state 22.05.01 that if you impede the progress of another horse you are in violation. That's all.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths