RULING NUMBER COM TB 014/2010
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 THOROUGHBRED LICENSEE ANTHONY STEPHEN
On June 18, 2010, the Stewards issued Thoroughbred Official Ruling TB 6523 wherein Anthony Stephen ("Stephen") was given the penalty of a $300 fine and one day riding suspension for violation of Rules 9.27.07 (b) and 9.27.08 (a), (b) and (c) of the Rules of Thoroughbred Racing while riding CORREDOS d'AMOUR in Race 5 at Fort Erie Racetrack on June 14, 2010.
On June 15, 2010, Anthony Stephen filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred 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. Stephen attended the Hearing and was represented by Mike McMullen.
After reviewing the evidence, hearing the testimony of Steward William McMahon and Jockey Anthony Stephen and upon considering the closing submissions, the Panel denied the appeal.
Stephen will serve the one-day riding suspension on Monday, July 26, 2010 and pay the fine of $300.
A transcript of the Panel's Reasons for Decision is attached to this Ruling.
DATED this 26th day of July 2010.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director ONTARIO RACING COMMISSION
RE: THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ANTHONY STEPHEN
Held Before: Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: ANTHONY STEPHEN, 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: All rise. Please be seated. After carefully listening to the testimony and reviewing the film and evidence the panel denies the appeal. There was undisputed testimony that jockey Simard launched a claim of foul submitting jockey Stephen struck his horse in the head during the stretch run. While the film review does not clearly show the exact strike it does clearly place the whip under Mr. Simard's horse's chin and the horse then moves his head. It is reasonable to conclude the horse did not shy as was submitted but reacted to being hit. Further support of this conclusion is that the stewards on their own put up the inquiry sign. They had the benefit of seeing the race live and submitted that Mr. Anthony's crop made contact with the other horse thus violating the Rules of Thoroughbred Racing.
MR. MCCOAG: Thank you
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths