Ontario Racing Commission
TB
RULING NUMBER COM SB 025/2010
COMMISSION HEARING TORONTO, ONTARIO – JUNE 2, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTEROF THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE ARCHIBALD PETERS
On April 24, 2010, the Judges issued Standardbred Official Ruling SB 41115 wherein Archibald Peters (“Peters”) was given the penalty of a $100 fine at Georgian Downs on April 24, 2010, for violation of Rule 26.02.01 of the Rules of Standardbred Racing as follows:
Did medicate in error the horse “ARDOR LOCKE” causing him to be scratched.
On May 4, 2010, Peters filed a Notice of Appeal, pursuant to Rule 24.01 (b) of the Rules of Standardbred Racing.
On June 2, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Rick Rier appeared on behalf of the Administration of the ORC. Archibald Peters attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Judge Tom Miller and upon considering the closing submissions, the Panel denied the appeal, upheld the $100 fine and as well, assessed costs of $25 for a frivolous appeal to Peters.
The transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 3rd day of June 2010.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director
ONTARIO RACING COMMISSION
RE: STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ARCHIBALD PETERS
Held Before:
Rod Seiling Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: ARCHIBALD PETERS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 2nd day of June, 2010.
Appearances:
Rick Rier & Tom Miller, for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully reviewing the testimony and evidence the appeal is denied. Unfortunate for Mr. Peters is his horse ARDOR LUCK did take a reaction from the vaccine administered by Dr. Hennessey. Horses can take a reaction and Mr. Peters admitted another horse vaccinated at the same time did. At the end of the day it is the trainer who has the ultimate responsibility under the Rules. Dr. Hennessey's letter is irrelevant as it relates to the Judge's decision. He could have opted for a sickness scratch and did not want to lose his preferred date and accepted the medicated in error penalty instead. The Judges were doing him a favour. To now appeal the decision after it being his preferred option is dubious, to say the least. The panel levies a frivolous appeal fine of $25.00. It does not come anywhere close to covering the costs of this dubious appeal but does convey the panel's views on such action. Thank you. Any questions?
MR. RIER: No, sir.
MR. CHAIRMAN: We can move on to the next one then.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths