RULING NUMBER COM SB 016/2011
COMMISSION HEARING TORONTO, ONTARIO – APRIL 13, 2011
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED LICENSEE JASON BREWER
On February 3, 2011, standardbred, Driver Jason Brewer, (“BREWER”) (ORC Licence #728D3), appealed Judges Ruling SB43010, dated February 3, 2011, wherein he was suspended for 3 days (February 6th to 8th inclusive) for causing interference in the stretch during the 9th race, on January 31, 2011, at Woodbine Racetrack, in violation of Rules 22.05.01 (a) and (d), of the Rules of Standardbred Racing.
On April 13, 2011, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner Brenda Walker as Chair, was convened to hear the appeal.
Rick Rier appeared as agent for the Administration. BREWER attended the hearing in person and was represented by Robert Burgess.
Upon hearing the testimony of Judge Rick Rier, Jason Brewer, drivers Mike Saftic and Mark MacDonald, upon reviewing the exhibits filed and upon hearing the submissions of Rier and Burgess, the Panel dismissed the appeal. BREWER will now serve his driving suspension on April 19th to the 21st inclusive.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 15th day of April 2011.
BY ORDER OF THE COMMISSION ____________________________
Rob McKinney
(Acting) Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JASON BREWER
Held Before:
Brenda Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JASON BREWER, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of April 2011.
Appearances:
Rick Rier,
agent for the Ontario Racing Commission Administration
Robert Burgess Q.C. for the licensee Jason Brewer
Hearing continued ...
MR. RIER: All rise please.
MADAME CHAIR: Please be seated. This is a hearing for Jason Brewer, Judge's ruling SB43010 wherein he was suspended from driving with three days for violation of Rules 22.05.01(a) which changed the course or position or swerved in or out during any part of the race in which as a manner to compel a horse to shorten its stride or (d) crowding of a horse by putting a wheel under it. We heard testimony from Judge Rick Rier, drivers Mike Saftic, Mark MacDonald and Jason Brewer. Mike Saftic testified that the wheel got right under him and after watching the tape agrees that the old horse did throw a step in but didn't have time to take a hold and did not make a break. He agrees when watching the tape Jason did get into him, although, he said that the outcome would not have changed and that his horse did not break stride. Jason Brewer also agrees that he did get into Mike Saftic a bit but testified it was because he was trying to get out around Mark MacDonald and THINK GOLD who was in the lead and drifting out. He does agree that he could have waited a second before moving, therefore I believe that the Judges were right in applying the rules and that the three day suspension stands. Any questions?
MR. RIER: No.
MR. BURGESS: Thank you.
CERTIFIED CORRECT__________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths