RULING NUMBER COM SB 032/2010
COMMISSION HEARING TORONTO, ONTARIO – JULY 21, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE JAMES MACDONALD
On June 05, 2010, the Judges issued Standardbred Official Ruling SB42120 wherein James MacDonald (“MacDonald”) was given the penalty of a three-day driving suspension for violation of Rule 22.05.01 (a) of the Rules of Standardbred Racing, wherein he did bear in past the ¾ pole causing interference in Race 3 on May 22, 2010, at Hanover Raceway
On June 09, 2010, MacDonald 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. MacDonald attended the Hearing and was represented by Jody Jamieson.
Macdonald pleaded guilty to the charge.
The Panel set a three-day driving suspension for July 27, 28 and 29, 2010, inclusive.
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 JAMES MACDONALD
Held Before: Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: JAMES MACDONALD, 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: I'm going to interrupt for a minute. Just stop here. Based on your testimony, Judge Rier; I'm in a lenient mood today, if Mr. MacDonald is still prepared to drop his appeal as he suggested to you and given that he is in that transition period - he appealed it June 7th and the new procedure came out June 14th - he is caught in that time warp.
MR. RIER: Right.
MR. CHAIRMAN: I'm prepared to allow him to drop the appeal without any penalty other than serve the three days. He can work out with the Judges his three days.
MR. JAMIESON: Mr. Chair, we were very very nervous to come here and offer to do that ourselves. That's why we were going to argue the appeal but we would definitely take your offer up.
MR. MCCOAG: If I may, could we set the three days right now?
MR. CHAIRMAN: After this I will let Mr. MacDonald sit down with Judge Rier and if you want to participate, Mr. McCoag, and work out to however the Judges want to set the dates.
MR. MCCOAG: Thank you, sir.
CERTIFIED CORRECT:_________________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths