RULING NUMBER COM TB 012/2010
COMMISSION HEARING TORONTO, ONTARIO – JUNE 16, 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
THOROUGHBRED LICENSEE MARNI WILLIAMS
On May 24, 2010, the Stewards issued Thoroughbred Ruling TB 6455/10 wherein Marni R. WILLIAMS (“WILLIAMS”) was fined $200 for violation of Thoroughbred Rules 9.27.05 (b) and 9.27.08 (a).
WILLIAMS was penalized for excessive use of the crop, characterized by an unreasonable quantity while urging her mount “Rye On the Rocks” during the running of the third race on May 24, 2010 at Fort Erie Racetrack. This was a first offence for WILLIAMS.
On May 31, 2010, WILLIAMS filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.
On June 16, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, as Chair, convened for the purpose of hearing this matter.
Brian Newton appeared on behalf of the Administration of the ORC. WILLIAMS attended the Hearing and was represented by Robert King, Secretary of the Jockeys’ Benefit Association.
After reviewing the evidence, hearing the testimony of Senior Steward William McMahon, and upon considering the closing submissions, the Panel denied the appeal.
WILLIAMS will therefore pay the fine of $200, payable June 25, 2010, in accordance with Rule 24.04 of the Rules of Thoroughbred Racing.
A transcript of the Panel’s Reasons for Decision is attached to this Ruling.
Dated at Toronto this 18th day of June 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
MARNI WILLIAMS
Held Before:
John Macdonald, Commissioner
This is an excerpt of a Hearing of the Ontario Racing Commission re: MARNI WILLIAMS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of June, 2010.
Appearances:
Brian Newton, representative for the Ontario Racing Commission Administration
Robert King, representative for the licensee
Marni Williams
Hearing continued ...
MR. CHAIRMAN: Thank you all. The rule talks about excessive action which is characterized by unreasonable quantity or degree. Mr. King points out that there is nothing in the book that describes that. Excessive action is described as a guideline. There is no number other than the three strike rule. The evidence was that the horse did have a chance to respond and it appeared that he did start to come on a bit, enough to pick up a cheque. She was following instructions as far as the urging of this horse and it didn't leave very well. The difficulty I have is it is not a measurable amount, unreasonable quantity, and Mr. Newton pointed out what is in the directive are examples and I have to take it, it is examples only so there could be more. I find that the three stewards exercised their discretion and thought that it was just too many times that the whip had been used and whether it was 21 or 22 or 23 or 24 is not totally material except for the fact that it does seem like a large number and in the opinion of the stewards that was an unreasonable number. The result, I am going to deny the appeal and Ms. Williams will have the $200.00 fine as a first offence. The matter is terminated.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths