Ontario Racing Commission
RULING NUMBER COM SB 013/2010 COMMISSION HEARING TORONTO, ONTARIO – MARCH 17, 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 AARON BYRON
On January 18, 2010, the Judges issued Standardbred Official Ruling SB 41102 wherein Mr. Byron was suspended from driving for 3 days for violation of ORC Rule 22.05.01 (a) of the Rules of Standardbred Racing while driving the horse HAULINOARS during the 5th race at Western Fair Raceway on January 18, 2010.
On February 9, 2010, Mr. Byron filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On March 17, 2010, a Panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purposes of hearing this matter.
Tom Miller appeared on behalf of the Administration of the ORC. Mr. Byron attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Judge Neil McCoag, and upon considering the closing submissions, the Panel denied the appeal. Mr. Byron shall serve the 3-day driving suspension (April 8, 9 & 10, 2010 inclusive).
The Transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 17th day of March 2010.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director ONTARIO RACING COMMISSION
STANDARDBRED INDUSTRY APPEAL HEARING
IN THE MATTER OF AARON BYRON
This is an excerpt of the hearing of the Ontario Racing Commission re: AARON BYRON, in the above mentioned matter held before The Ontario Racing Commission, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, on the 17th day of March, 2010.
Heard before: Brenda Walker, Commissioner
Appearances: Tom Miller & Neil McCoag, Representatives for the Ontario Racing Commission Administration,
Hearing continued ...
MR. MILLER: All rise please. This appeal before the Commission board is back in session.
CHAIRMAN: Okay. After reviewing the tape and looking at the evidence Mr. Byron did interfere with Mr. Davis and due to no supporting statements about the steer-ability of the horse the appeal has been disallowed. So you have days from that.
MR. BYRON: I have days for this one too?
CHAIRMAN: There is days attached. There is three days.
MR. MILLER: there is three days attached for driver's suspension. The appeal is disallowed. Your other ones finish up on April 7th so we will go 8th, 9th and 10th.
MR. BYRON: All right.
MR. MILLER: So April 11th is your first day back driving.
MR. BYRON: Okay. Thank you.
MR. MILLER: Just so we are clear on that three day penalty, you can drive in a stake race those three days if you understand and so then add a day onto the end of it if you do choose but that is available for those three days.
MR. BYRON: Okay.
MR. MILLER: Okay.
CHAIRMAN: Which one occurred first? The whipping occurred first?
MR. MILLER: The whipping was December, yes.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths