Ontario Racing Commission
RULING NUMBER COM SB 005/2010
COMMISSION HEARING TORONTO, ONTARIO – FEBRUARY 2, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE DARCY CLANCY
On October 30, 2009, the Judges issued Standardbred Official Ruling SB40178 wherein Darcy Clancy (CLANCY), Licence Number W36969, was given the penalty of a three-day driving suspension and the horse A STUD NAMED STEPH which finished 3rd was placed 6th for the following reason:
The horse A STUD NAMED STEPH caused interference in Race 3 at Rideau Carleton Raceway on October 29, 2009, ORC Rule 22.09.
CLANCY was given a three-day driving suspension for a violation of ORC Rule 22.05.01 (a).
On October 30, 2009, CLANCY filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On February 2, 2010, a Panel of the ORC, comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.
Neil McCoag appeared on behalf of the Administration of the ORC. CLANCY attended the Hearing and was represented by Brian Tropea.
After reviewing the evidence, hearing the testimony of Judge Rick Rier, Driver Darrell Coville, Driver Darcy Clancy and Owner Walter Clancy, and upon considering the closing submissions, the Panel denied the appeal and found as follows:
i. The evidence shows that interference did occur.
ii. Driver Darcy Clancy will serve his three-day driving suspension from February 4, 2010 to February 6, 2010, (inclusive).
iii. The placing of the horse A STUD NAMED STEPH is upheld.
The transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 2nd day of February 2010.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF DARCY CLANCY
Held Before: John Macdonald, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DARCY CLANCY, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 2nd day of February, 2010.
Appearances: Neil McCoag, for the Ontario Racing Commission Administration Brian Tropea, OHHA representative
Hearing continued ...
MR. CHAIRMAN: There is not a question here about the placing. That was already determined. It was the suspension I understood here that was under appeal.
MR. TROPEA: Both the placing and the suspension, sir.
MR. MCCOAG: I think on the advice of the intention to appeal it is on there somewhere.
MR. CHAIRMAN: In the written letter? I'm sorry, the initial appeal I had only referred to the suspension.
MR. MCCOAG: I asked that question earlier because I was a little confused myself. If you look at the notice of appeal that was written out, it is page 1 and it is following ...
MR. CLANCY: The charter lines.
MR. MCCOAG: It is following the charter lines. It says, I appeal the days and the placement.
MR. CHAIRMAN: That's in Exhibit 1 which I didn't have in front of me prior to the hearing. I see it here. In any event, I find after hearing the evidence and seeing the video; while the video wasn't a hundred percent conclusive as to this, it did appear from that, supported by the evidence of Mr. Coville and from what I could see that there was enough of an interference to illustrate that Mr. Coville's horse did have to pull up and unfortunately that's what it appeared to be. You indicated - Mr. Clancy indicated that he maybe had a better view of that than what we had but that's what we are going to go by and on the evidence of the video and the witnesses the appeal will be denied in both instances. Thank you.
MR. TROPEA: Mr. Macdonald, if I could just, off the record. I have sat through two hearings here today and I think with the technology available to us today it is disappointing to have to deal with the quality of video that we have been presented with today and I would ask that the Racing Commission does a review into what processes and procedures are in place at all the racetrack to see if we can increase the quality of the video to determine these things. I note that it wasn't a great deal of money that we were going to deal with today but there are going to be cases here where we are talking about millions of dollars and I would think that we should de all that we can to make sure that we have got as clear evidence as possible.
MR. MCCOAG: There is one other piece of evidence or one other matter that we would like to resolve at this time. It is the matter of the three day suspension. We would like that, the Administration would like the three days set here. There has been in the past it has been a process of sending it out to the Judges at that track to determine when they could do three days. Normally the three days commence after the driver has finished his driving obligations. So it is our request that the days be established right now.
MR. TROPEA: And we are comfortable with that, Mr. Macdonald.
MR. MCCOAG: Mr. Clancy, when is your last date of driving?
MR. CLANCY: I have nothing in.
MR. TROPEA: He can start at any time.
MR. MCCOAG: You have nothing in to go so you could start it as early as ...
MR. TROPEA: Yesterday.
MR. MCCOAG: It has got to be one day at that track, correct? Well, that is the way we deal with it. It is one day at least at that track.
MR. CLANCY: So Thursday and Sunday are Rideau.
MR. MCCOAG: So if we made it Thursday, Friday, Saturday?
MR. CLANCY: Okay.
MR. MCCOAG: Thank you.
MR. CHAIRMAN: That's acceptable?
MR. TROPEA: That's acceptable, sir.
MR. CHAIRMAN: Even though I believe the court reporter has it on the record you do have a point and that will be brought up. Thank you.
MR. TROPEA: Thank you very much, sir.
MR. MCCOAG: Those dates then will be the 4th, the 5th and 6th of February.
MR. CHAIRMAN: This hearing is terminated. Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths