RULING NUMBER COM SB 035/2010
COMMISSION HEARING TORONTO, ONTARIO – JULY 21, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED LICENSEE STEVE BOSSENCE
On May 24, 2010, the Judges issued Standardbred Official Ruling SB 41127 wherein The Horse CHICK N TELL finished third and was not placed during the 3rd Race at Mohawk Raceway on May 24, 2010, in accordance with Rule 22.27 of the Rules of Standardbred Racing for the following reason:
That driver Jody Jamieson followed all the breaking rules and did continuously lose ground.
On June 3, 2010, Steve Bossence (“Bossence”) filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On July 21, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Neil McCoag appeared on behalf of the Administration of the ORC. Bossence attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Judge Craig Walker and Driver Jody Jamieson, and upon considering the closing submissions, the Panel denied the appeal.
A transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 26th day of July 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 STEVE BOSSENCE
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: STEVE BOSSENCE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of July, 2010.
Appearances:
Neil McCoag,
representative for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Please be seated. After carefully reviewing the testimony, the evidence and the documentation submitted the panel denies the appeal. The panel prefers the testimony of Judge Walker supported by driver Jody Jamieson. The interpretation of the breaking rule results in a horse when on a break must lose ground and for safety reasons is not expected to pull out immediately. Mr. Bossence did not offer any new material evidence or that the Judges incorrectly interpreted the rules. He only offered his opinion, one that runs counter to the testimony of both Judge Walker and driver Jody Jamieson. The Judges correctly applied the Rules of Standardbred Racing. Mr. Jamieson's horse was not lapped on and therefore should not have been placed as he did lose ground, albeit marginally as Mr. Bossence pointed out. That's it. Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths