RULING NUMBER COM SB 062/2010
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 3, 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 ANDY MOORE
Standardbred Licensee Andy Moore (“Moore”) appealed Ruling SB 41559, dated July 3, 2010, wherein he was suspended for 5 days (August 3, 4, 5, 6 and 7, 2010), for changing course while driving “DM FATBOY SLIM” during the stretch drive of the 8th race at Hiawatha Horse Park on July 24, 2010, in violation of 22.05.01(a) the Rules of Standardbred Racing.
On December 3, 2010, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner Brenda Walker as Chair, was convened to hear the appeal.
Rick Rier appeared on behalf of the Administration and Moore attended the hearing in person and was self-represented.
Upon hearing the testimony of Judge Dave Stewart, and Mark Williams, upon reviewing the exhibits filed and upon hearing the submissions of Rick Rier and Moore, the Panel allowed the appeal.
The order of finished was revised as follows:
- ALLAMERICAN ZORO;
- DM FATBOY SLIM;
- FITFORALIFETIME L;
- ROCK PAPER SCISSOR L; and
- BO GRAYSON L.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
DATED this 24th day of December 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 ANDY MOORE
Held Before: Brenda Walker, Commissioner
This is an excerpt of a Hearing of the Ontario Racing Commission re: ANDY MOORE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 3rd day of December, 2010.
Appearances: Rick Rier, representative for the Ontario Racing Commission Administration
Hearing continued ...
HEARINGS CLERK: All rise please.
MADAME CHAIR: Please be seated. This is the appeal for Andy Moore regarding SB41559 which was a five day suspension, Rule 22.05.01(a) driving DM FATBOY SLIM in the 8th race at Hiawatha on July 24th, 2010. He finished 2nd and was placed 7th for changing course in the stretch and interfering with driver Brad Forward and causing his horse to make a break. After reviewing the tape and hearing the evidence from Mark Macdonald that wasn't available to the Judges at the time of the hearing I am going to allow the appeal and the placing will go back to he will be finishing 2nd. Any questions?
MR. MOORE: Thank you.
MR. RIER: Thank you.
MADAME CHAIR: Actually I have a little more because I should actually do the decision right now. I believe that the film shows that Brad Forward was driving directly behind you with his feet right behind your wheel and that his horse was bearing in coming off the top turn and that he did make contact with your wheel and that his horse in turn went off stride. A driver shall not change course and swerve into another driver to cause a horse to go off stride, which I don't believe that you did and I also believe that a driver shall drive that he actually has room in a race that allows him to manoeuvre and that is why I have made this decision.
MR. RIER: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths