RULING NUMBER COM SB 030/2011
COMMISSION HEARING TORONTO, ONTARIO – JUNE 9, 2011
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
STANDARDBRED LICENSEE MARVIN CHANTLER
On May 16, 2011, the Judges issued Official Ruling SB 43284 wherein the horse "Rock Me Please" finished 1st and was placed 4th for violation of Rule 22.09, causing interference in the stretch to "Aracache Hanover" in Race 2 at Woodbine Racetrack on May 14, 2011.
On May 16, 2011, Marvin Chantler (CHANTLER) filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On June 9, 2011, a Panel of the Ontario Racing Commission (ORC), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Craig Walker appeared on behalf of the Administration of the ORC. CHANTLER attended the Hearing and was self represented.
After reviewing the evidence, hearing the testimony of Judge Don Lawrence, Doug McNair, and Randy Waples and upon considering the closing submissions, the Panel denied the appeal.
A transcript with the Panel's Reasons for Decision is attached to this Ruling.
DATED at Toronto this 15th day of June 2011.
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 MARVIN CHANTLER, OWNER/DRIVER/TRAINER FOR STANDARDBRED RACE HORSES
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MARVIN CHANTLER, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of June, 2011.
Appearances:
Craig Walker,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: The appeal is denied. I think it is quite clear that Mr. Waples did come off the rail. He took racetrack away from Mr. McNair. Whether the horse would have gone through or not is irrelevant and perhaps Mr. Jamieson had a role to play in this as well. I am more concerned quite frankly with Mr. Waples assertion of unfairness by our officials. That's a serious charge, very serious and I'm going to be asking the Administration to look into this. This simply is a very serious matter and I would certainly hope it not to be true but the fact that Mr. Waples believes it to be true is just as serious and I'm sure that the Administration will have to meet with Mr. Waples and follow up on what further course should or might happen, I don't know. In terms of the interference I understand there is a fine line between what a driver will do and should do to try and win a race. I've been there, done that; not to the extent that Mr. Waples has nor would I ever try to put myself in his place and intimidation plays a large part and role in being a successful driver and it's that fine line that one tries to ensure that one does not cross but coming off the rail to at least a width and a half clearly is not driving in a straight path and we will never know what subsequently might or might not have happened, whether there was a whip involved or not. We will never know because quite frankly, there was no hole there to get through. So anyway, that is the ruling and I thank you all for coming and Mr. Waples, please be assured that someone will be following up on your perception of how you are being treated if you do object to a ruling of one of our officials.
Questions? If not, the hearing is ended.
MR. WALKER: Thank you, sir.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths