RULING NUMBER COM SB 031/2011
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 KEN DUNCAN
On April 20, 2011, the Judges issued Official Ruling SB 41192 wherein the horse "Warbucks" was placed from 4th to 7th for violation of Standardbred Rules 22.05.01(g)(i) and 22.09 for causing confusion and interference to other horses in the 3rd Race on April 16, 2011 at Flamboro Downs.
On April 20, 2011, Ken Duncan "DUNCAN" 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. DUNCAN attended the Hearing and was self represented.
After reviewing the evidence, hearing the testimony of Judge Tom Miller, Scott Zeron, 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 KENNETH DUNCAN, 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: KENNETH DUNCAN, 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: Well, this is a most difficult case I believe because it is a fine line but based on the testimony of Judge Miller and supported by driver Zeron and with the film I have to deny the appeal. I think Mr. Duncan did, his horse did, slow up in the first turn thereby causing interference in violation of the Rules Standardbred 22.09 and 22.05.01(g)(i). I do want to reiterate that drivers, once in control of the race as the leader, have the right to dictate the pace but again, not such that they endanger the rest of the field and they have to take that into consideration and the start of the race I think is a prime example of that is where this case is. It's at the start of the race where everyone is leaving and try to find and sort themselves out and drivers have a responsibility to make sure that their horse doesn't slow down too much at that point in time and put others or themselves in peril. Thank you very much.
MR. WALKER: Thank you, sir.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths