RULING NUMBER COM TB 017/2010

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

THOROUGHBRED LICENSEE ANTHONY STEPHEN

On July 13, 2010, the Fort Erie Stewards issued Thoroughbred Ruling TB 6585/10 wherein Anthony Stephen (“Stephen”) was fined $500.00 and suspended three racing days for a violation of Thoroughbred Rules 9.27.07 (a) and 9.27.08 (a) (b).

Stephen was penalized for raising his hand above his shoulder while urging his mount AFLEETS LOVE SONG during the running of the 7^th race on July 11, 2010 at Fort Erie Racetrack. This is a third offence for Stephen.

On July 14, 2010, Stephen filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On August 16, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Fenton Platts appeared on behalf of the Administration of the ORC. Stephen was present and self-represented.

TAKE NOTICE THAT having withdrawn his appeal of the Stewards TB Ruling 6585/10, and having given reasons for his withdrawal, Stephen has been assessed costs of $200.00 in accordance with Rules 13.16 and 13.17.09 of the Rules of Thoroughbred Racing. In addition, he will pay the $500.00 on or before August 24, 2010 and serve the three-day riding suspension on August 22, 23 and 24, 2010, inclusive.

A transcript of the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 19^th day of August 2010.

BY ORDER OF THE COMMISSION

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

RE: THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF

ANTHONY STEPHEN

Held Before:

Rod Seiling, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: ANTHONY STEPHEN, 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:

Fenton Platts, agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: The panel is prepared to accept Mr. Stephen's request to withdraw his appeal and based upon policy directive number 3-2010 Mr. Stephen's is fined $200.00 which is far less than the cost of preparing for this hearing but I do hope that when you go back to Fort Erie that you will take note of the leniency of this panel and you can also communicate to your fellow riders that there is a need to obey the Rules of Thoroughbred Racing and in particular the urging rule but the public has responded very positively to the new urging rule. There is no going back and in lieu of this the next step would be losing the stick, period due to public pressure. We don't want to see that happen and so we need your fellow riders to understand and work with the Commission and follow the rules. Thank you and have a good day and good luck.

MR. STEPHEN: Thank you very much.

MR. PLATTS: Excuse me, sir, and also there is the issue of the three days and the $500.00 suspension.

MR. CHAIRMAN: Well, he withdrew his appeal.

MR. PLATTS: Yes.

MR. CHAIRMAN: That naturally ‑‑

MR. PLATTS: It means they just put them in place?

MR. CHAIRMAN: Put them in place, yes. I didn't both ruling on it because as soon as he withdrew the ruling stands.

MR. PLATTS: Certainly. Thank you, sir.

MR. STEPHEN: Thank you, sir.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths