RULING NUMBER COM QH 004/2010
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 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
QUARTER HORSE LICENSEE JOE TAVARES
On July 18, 2010, the Stewards at Ajax Downs had an inquiry into the start of the sixth race regarding #2 WIND DANCER. Edward Walton (103777), the jockey on #1 ZE SPECIAL MISSY, lodged a claim of foul against #2 WIND DANCER ridden by Jockey Anthony Phillips (119085)
After a review of the film patrol, pan and front tower views, and speaking with Jockey Edward Walton, the Stewards issued QH Ruling 6640/2010 on July 27, 2010, wherein #2 WIND DANCER was disqualified from fourth position and placed sixth for interference at the start with #1 ZE SPECIAL MISSY.
On July 20, 2010, Trainer Joseph Tavares (“Tavares”) (124924) filed a Notice of Appeal with the Ontario Racing Commission (“ORC”) in accordance with Rules 13.17 and 13.17.02 of the Rules of Thoroughbred Racing.
On August 16, 2010, a Panel of the ORC, comprised of Chair Rod Seiling, convened to hear the appeal of Joseph Tavares.
TAKE NOTICE THAT Tavares, having withdrawn his appeal of the Stewards’ decision to disqualify #2 WIND DANCER from fourth place to sixth in Race 6 on July 18, 2010, the order of finish will remain as officially posted.
1st MERLOT TO GO
2nd SMASHING JANE
3rd ABIT OF BIGTIME
4th SMOKENIZER
5th ZE SPECIAL MISSY
6th WIND DANCER
A transcript of the Panel’s Reason for Decision is attached to this Ruling.
Dated at Toronto this 19th day of August 2010.
BY ORDER OF THE COMMISSION
Rob McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
RE: QUARTER HORSE HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF
JOE TAVARES
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: JOE TAVARES, 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 August, 2010.
Appearances:
Brian Newton, agent for the Ontario Racing
Commission Administration
Hearing continued ...
MR. CHAIRMAN: Okay, I'm going to allow you to withdraw your appeal with the proviso and Mr. Platts, I will leave it with you. I don't know who is presiding steward out at --
MR. PLATTS: Yes, I am and I understand.
MR. CHAIRMAN: You are. Then well, perfect.
MR. PLATTS: An education.
MR. CHAIRMAN: At your earliest convenience I think we need an educational seminar for trainers and jockeys and anyone else maybe who if owners want to attend as well. So my suggestion is it is not for next racing day but maybe you could post a notice of when you are going to do it and allow the greatest participation possible but a seminar or informational session, whatever you want to call it, as to how the stewards are interpreting and calling the rules. I think that would be helpful.
MR. PLATTS: Okay.
MR. CHAIRMAN: All right. Thank you. Thank you, Mr. Tavares. Have a good day.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths