Ontario Racing Commission
AMENDED RULING NUMBER COM TB 018/2010
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 24, 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
THOROUHBRED LICENSEE ROSS ARMATA
Thoroughbred licensee Ross Armata (“Armata”) appealed Ruling TB 6558/10, dated June 30, 2010, wherein he was suspended for twenty days from July 7, 2010, through July 26, 2010, and fined the sum of $1,500.00 for violation of Rule 15.09.01 of the Rules of Thoroughbred Racing as a result of his failure to comply with a vehicle search on June 17, 2010, at Woodbine Racetrack, when directed to do so by Ontario Racing Commission (“ORC”) Investigators.
On August 24, 2010, a Panel of the ORC consisting of Chair Rod Seiling, Commissioner John Macdonald, and Commissioner Dan Nixon, was convened to hear the appeal.
Angela Holland appeared as counsel for the Administration. Armata attended the hearing and Harvey Swartz appeared as counsel for Armata.
Upon hearing the testimony of Investigator Rasa Malinauskas, Investigator Rick Grant, Woodbine Security Supervisor Jennifer Harvey and Armata, upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the Administration and counsel for Armata, the Panel denied the appeal but varied the penalty. The penalty was varied as follows:
i. 10 days of Armata’s suspension are stayed. Accordingly, Armata is suspended for 10 days (August 30 – September 8, 2010).
ii. The fine is increased to $2,000.
iii. Armata will be on probation for one year (August 24, 2010 – August 24, 2011). Any rule violation in that time period will see the stay automatically expire.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 27th day of August 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 ROSS ARMATA
Held Before:
Rod Seiling, Chairman
John Macdonald Commissioner
Don Nixon Commissioner
This is an excerpt of a Hearing of the Ontario Racing Commission re: ROSS ARMATA, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 24th day of August, 2010.
Appearances:
Angela Holland,
counsel for the Ontario Racing Commission Administration
Harvey Swartz,
counsel for the licensee Ross Armata
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony, reviewing the evidence and submissions made the panel denies the appeal but varies the penalty. Ten days of Mr. Armata's suspension is stayed and his fine is increased to $2,000.00. Furthermore he is to be put on probation for a period of one year. Any rule violations in that time period will see the stay automatically expire. Mitigating circumstances in favour of varying the penalty are his exemplary record and his cooperation with the investigators post the infraction. This fact contrasts sharply with the Durnin and Giliforte precedent cases put forth by the Administration. Nonetheless violating Thoroughbred Rule 15.34 is a very serious rule violation. As is evident in this case a penalty is required, the degree to be determined by the facts of each case. Any questions?
MR. SWARTZ: I have none, Mr. Chairman.
MR. CHAIRMAN: Just as an aside, if Mr. Armata wishes to transfer any horses under his care, custody and control it will have to be approved by the Thoroughbred Stewards. He is aware of that I'm sure but just in case.
MR. SWARTZ: Yes.
MR. CHAIRMAN: It is only ten days do ...
MR. ARMATA: I can settle it with the stewards.
MR. CHAIRMAN: You can settle it with the stewards. Thank you.
Well, yes, I'm sorry. With respect to Mr. Todd not respecting his subpoena this matter is turned over to the ORC investigators to determine why he wasn't here and make any recommendations to the Administration should any action be forthcoming or required. Thank you.
CERTIFIED CORRECT:_____________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths