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RULING NUMBER COM TB 015/2010
COMMISSION HEARING TORONTO, ONTARIO – JULY 21, 2010
IN THE MATTER OF THE RACING COMMISSION ACT [S.O. 2000, c.20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);
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## AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
## THOROUGHBRED LICENSEE JONATHAN JONES
On June 06, 2010, the Stewards issued Thoroughbred Official Ruling TB 6502 wherein Jonathan Jones (“Jones”) was given the penalty of a three-day riding suspension for violation of Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03 and 11.09.05 of the Rules of Thoroughbred Racing, in causing interference shortly after leaving the gate during the 5<sup>th</sup> race at Woodbine Racetrack on June 5, 2010.
On June 7, 2010, Jones filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred 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. Jonathan Jones attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Steward Richard Grubb and Jockey Jonathan Jones and upon considering the closing submissions, the Panel denied the appeal. Jones will serve his three-day riding suspension on July 30, 31 and August 1, 2010. In addition, because Jones was 20 minutes late for his appeal, he is fined $100 payable to the Long Run Foundation for retired thoroughbred horses.
A transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 26<sup>th</sup> day of July 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 JONATHAN JONES
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: JONATHAN JONES, 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 listening to the testimony and reviewing the evidence the panel denies the appeal. Mr. Jones admitted he caused the interference and stated that he was appealing penalty only. Steward Grubb testified that the penalty is consistent, notwithstanding Mr. Jones' submission, with the rule violation. Mitigating factors attributable to the horse causing the interference were not present and therefore the penalty of three days is upheld. Mr. Jones will meet with the stewards at Woodbine to determine the time frame for his suspension to start.
Further to Mr. Jones being twenty minutes late to his appeal without any reason except a sorry he is fined $100.00. The ORC is directed to remit the money to The Long Run for the benefit of retired thoroughbred racehorses. Any questions?
MR. MCCOAG: No questions, sir.
MR. CHAIRMAN: Thank you.
CERTIFIED CORRECT: _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
minicounsel