RULING NUMBER COM SB 023/2011
COMMISSION HEARING TORONTO, ONTARIO – MAY 5, 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 LICENSEES SANDY JONES AND JAMES MARCHMENT
On March 27, 2011, standardbred, Driver Sandy Jones, (“JONES”) (ORC Licence #B6155), and trainer James Marchment (“MARCHMENT”) (ORC Licence #C2905) jointly appealed Judges’ Ruling SB 43402, dated March 27, 2011, wherein JONES was suspended for 3 days (March 29 to 31inclusive) for causing interference before the half in the 6th race, on March 17, 2011, at Rideau Carleton Raceway, in violation of Rule 22.05.01 (a) of the Rules of Standardbred Racing. MARCHMENT appealed the subsequent placing of the horse Abundaspin from 3rd to 5th under Rule 22.09.
On May 5, 2011, a Panel of the Ontario Racing Commission (“ORC”) consisting of Chair Rod Seiling convened to hear the appeal.
Rick Rier appeared as agent for the Administration. JONES and MARCHMENT attended the hearing in person and were unrepresented.
Upon hearing the testimony of Judge Mike Weber, driver Guy Gagnon, and starter Jamie Fiolek, upon reviewing the exhibits filed and, upon hearing the submissions of Rier and Marchment, the Panel dismissed the appeal. JONES will now serve his driving suspension on May 8 to 10, 2011 inclusive.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 9th day of May 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 SANDY JONES AND JAMES MARCHMENT
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Held before:
Rod Seiling, Commissioner
These are an excerpt of the proceedings
in the above-mentioned matter held before
The Ontario Racing Commission, Re: SANDY
JONES AND JAMES MARCHMENT, taken before
Toronto Court Reporters, Suite 1410, 65
Queen Street West, Toronto, Ontario, at
10 Carlson Court, Suite 400, Toronto,
Ontario, on the 5th day of May, 2011
Appearances:
Rick Rier, Agent for the Ontario
Racing Commission
Administration
1Hearing continued.....
2COMMISSIONER SEILING: The appeal is
3 denied. There's been nothing new in terms of
4 new evidence or the judges having
5 misinterpreted. I understand why you brought
6 your appeal forward, but I think you understand
7 where we are. Thank you very much.
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9 - Whereupon at 11:25 a.m. the hearing was
10 concluded.
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15 This is to certify that the
foregoing excerpt is a true
16 and accurate transcription of
the proceedings taken to the
17 best of my ability and skill.
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20 ___________________________
Sandra Brereton
21 Certified Shorthand Reporter
Registered Professional Reporter
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