*AMENDED RULING NUMBER COM SB 047/2010
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 29
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 JOHN KOVACS
On July 26, 2010, the Judges issued Standardbred Ruling SB 34244 wherein John Kovacs was given a 3-day driving suspension, August 3, 4, and 5, 2010 for violation of ORC Rule 22.05.01(a) while driving MR. INVINCIBLE in Race 6 at Woodstock Raceway on July 24, 2010. The horse MR. INVINCIBLE finished 1st and was placed 2nd.
On July 30, 2010, John Kovacs filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On September 29, 2010, a Panel of the ORC, comprised of Commissioner John Macdonald convened for the purpose of hearing this matter.
Craig Walker appeared on behalf of the Administration of the ORC. John Kovacs attended the Hearing and was self represented.
After reviewing the evidence, hearing the testimony of Judge David Stewart and Driver Douglas McNair, and upon considering the closing submissions, the Panel denied the appeal and gave oral reasons for its decision.
John Kovacs will therefore be suspended on September 30, October 1 and 2, 2010.
*A transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 29th day of September 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
JOHN KOVACS
Held Before:
John Macdonald, Chairman
This is an excerpt of the Hearing of the Ontario Racing Commission re: JOHN KOVACS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 29th day of September, 2010.
Appearances:
Craig Walker, Agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Well, notwithstanding the arguments and your feelings, Mr. Kovacs, from what I can see from the video and as borne out by Mr. McNair that there was some interference as a result of your horse coming out and it was a little easier in my following the path of the inside mud. Obviously it is easier to drive a little farther off the rail but you did come out far enough that Mr. McNair had to take hold of his horse and that seemed to be fairly clear so that I will deny your appeal and leave the placing as is and you can discuss with the Administration as to the 3 day suspension and when that should start. The last point and you are not going to agree with this at all because this comes close to the borderline of frivolous appeal because you have the Stewards making the decision, it was their inquiry not a driver's inquiry that there was some interference and from what I can see there was. I have seen worse and so have you but I hope you are at least partially convinced even though you are not going to agree that there was some interference. I'm not going to say anything about the frivolous appeal here but your belief is you were correct. The Commission disagrees with you in this case and I will deny the appeal. Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths