RULING NUMBER COM QH 001/2010
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
QUARTER HORSE LICENSEE JEFFREY MACLAREN
On June 29, 2010, the Stewards issued Quarter Horse Official Ruling QH 6553 wherein the Stewards denied the claim of foul of Jockey Jeffrey MacLaren (“MacLaren”) against #1 Jockey Johnny Riel and #3 Jockey Kim Ito, during the running of the 6^th^ race at Ajax Downs on June 27, 2010.
On June 27, 2010, MacLaren filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred and Quarter Horse 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. MacLaren attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Steward Ed Hall, Jockeys Kim Ito and Johnny Riel and Jockey Jeffrey MacLaren, 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 26^th^ day of July 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
RE: QUARTER HORSE HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JEFFREY MACLAREN
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: JEFFREY MACLAREN, 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 reviewing the testimony, the films review and the evidence submitted the panel denies the appeal. The testimony and film review clearly indicate contact involving jockey MacLaren and horses to his either side near the start of the race. The panel accepts Steward Hall's testimony that it was incidental and therefore not warranted for a placing. The panel suggests that the stewards at Ajax hold a meeting with the jockeys at their earliest convenience. The purpose of this meeting is to explain/demonstrate what is incidental contact.
The panel also wants to address the need for witnesses to be forthright when testifying. Jockey Real's testimony was not helpful and does a disservice to his fellow riders. Witnesses need not be reluctant to tell what they see and/or know. It is required of them by the Rules of Racing. I can't emphasize that enough and failure to do that could result in further penalties. I understand sometimes reluctance to tell what people are doing because they ride with you. You compete but you ride with your friends. It is incumbent upon licensees to be honest. Read the rule book. It is not acceptable to be otherwise. Thank you.
MR. MCCOAG: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths