Ontario Racing Commission
TB
RULING NUMBER COM SB 042/2009
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 30, 2009
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 JODY JAMIESON
On August 20, 2009, the Judges at Georgian Downs issued Standardbred Official Ruling SB 41401 wherein standardbred driver, Jody Jamieson, was fined $1,000 and suspended for 10 racing days.
The reason given for the penalty was:
Violation of ORC Rule 22.22 - 6th offence in 2009 - “Did use his whip in an excessive manner during the stretch drive of the 1st race at Georgian Downs on August 11, 2009, while driving LUCKY TERROR.”
Mr. Jamieson appealed the Ruling; he was granted a Stay of his penalties until such time as his appeal was heard.
The appeal was heard on December 30, 2009 by a Panel of the Ontario Racing Commission consisting of Commissioner David Gorman.
Jennifer Friedman appeared as counsel for the Administration. Jody Jamieson appeared on his own behalf. ORC Judge Rick Rier was a witness for the Administration.
Decision
Upon hearing the presentations by Ms. Friedman and Mr. Jamieson, listening to the testimony of Judge Rier and reviewing the video tape to the race in question, the Panel denied the appeal and confirmed the penalty imposed by the Judges, i.e., $1,000 fine and a 10-day driving suspension.
The Panel’s Reason for Decision is attached to this Ruling.
DATED this 4th day of January 2010.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director
REASONS FOR DECISION
During the first race at Georgian Downs on August 11, 2009, Driver Jody Jamieson drove the two-year-old colt pacer LUCKY TERROR to a win. The Judges at Georgian Downs, that evening, differed only slightly in their views of how many times Mr. Jamieson used the whip on LUCKY TERROR during the stretch run – 17, 18 or 19 times. Mr. Jamieson himself suggested the actual number may have been 14. A viewing of the tape tends to support the higher numbers in the opinion of the Panel.
Witness Rier, an ORC Judge with 7 year’s experience, was not at Georgian Downs on the evening in question. He did, however, participate in past event discussions. In his view, Jamieson’s whipping action was continuous, approximately 17 strikes and he (Jamieson) switched to one-handed whipping later in the stretch.
Rier said that would be considered “excessive” under the old rules of racing, which were in effect at the time of the race. The new rules came into effect September 1, 2009.
Under questioning from Ms. Friedman, Rier said that Jamison had multiple whip and urging violations in the last 12 months, totaling 15. He said that penalties must be progressive in order to act as a deterrent.
Mr. Jamieson, for his part, said he did not brutalize the horse but merely gave him a number of “tippy taps”. The Panel agrees with this observation.
Mr. Jamieson further noted that no complaints had been received from the public, to his knowledge, and that no request was made to the track vet to look at the horse.
Jamieson said he has participated in more than 5,000 races in the past year and therefore having 15 violations should not be considered unusual. In the Panel’s view, that misses the point entirely. The Rules of Racing are to be adhered to at all times by all participants, regardless of the number of times in which they participate.
Jamieson admits he is familiar with the Rules. He sat on the Board which worked on the new (as of September 1, 2009) urging rules so he is particularly familiar with this aspect of the rules and the reasons behind the new rule.
It has been said before but obviously bears repeating on this occasion. This Commission has as one of its key mandates, the protection of the health and welfare of the horse.
The Panel agrees with Mr. Jamieson that there was no brutality involved but it also agrees with the Administration that it was the number of times the horse was whipped, not the force of the whipping which provides the basis for this Ruling.
The Panel also agrees with the Administration that penalties must be of a progressive nature in order to provide deterrents. Higher sentences for earlier offenses have clearly not worked for some in the driving profession.
Under any definition, hitting a horse, however lightly, from 14 to 19 times without a break during a stretch run must be considered “excessive”.
Therefore the Ruling of the Judges stands.
DATED this 4th day of January 2010.
David Gorman Commissioner