Ontario Racing Commission
TB
RULING NUMBER COM SB 011/2011
COMMISSION HEARING TORONTO, ONTARIO – FEBRUARY 23, 2011
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 LICENSEES RICHARD TURCOTTE AND PHILIPPE BELANGER
On November 27, 2010, the Judges issued Standardbred Official Ruling SB43136 wherein Richard Turcotte (“TURCOTTE”) was given the penalty of a 3-day driving suspension, December 3, 4, and 5, 2010, for violation of SB rule 22.05.01(a) while driving the horse SOS BREEZER in race 7 at Sudbury Downs on November 13, 2010, did bear in on the first turn and cause interference to the horse CELEBRITY SHARK. SOS BREEZER finished 2nd and was placed 8th.
On November 29, 2010, TURCOTTE filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On November 17, 2010, trainer Phil Belanger (“BELANGER”), filed a Notice of Appeal pursuant to Rule 24.01 of the Rules of Standardbred Racing.
On February 23, 2011, a Panel of the Ontario Racing Commission (ORC), comprised of Commissioner Brenda Walker convened for the purpose of hearing this matter.
Rick Rier appeared on behalf of the Administration of the ORC. Ed Paquette appeared as counsel for driver TURCOTTE and trainer BELANGER.
The Panel, having heard the testimony of Judge Jeff Rouse, driver Wayne MacLean and witness Judge Jeff Minler and upon reviewing the film evidence, and upon hearing closing submissions, denied the appeal.
A copy of a transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 25th day of February 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 RICHARD TURCOTTE and PHILIPPE BELANGER
Held Before:
Brenda Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RICHARD TURCOTTE and PHILIPPE BELANGER, and taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of February 2011.
Appearances:
Rick Rier: agent for the Ontario Racing Commission Administration
Edmond J. Paquette counsel for Belanger and Turcotte
Hearing continued ...
MR. RIER: All rise please.
MADAME CHAIR: Please be seated. This is the appeal of SB43136 by Richard Turcotte and Phil Belanger from Sudbury Downs November the 13th, 2010 race 7. The Rule violation was 22.05.01(a) and 22.09. It is an objection of number 9 CELEBRITY SHARK driven by Wayne MacLean against number 5 SOS BREEZER driven by Richard Turcotte for causing interference after the start. We have to determine whether the actions of Mr. Turcotte were enough to cause Mr. MacLean to break stride in the first turn. We have viewed the films which we saw Turcotte crossing over in front of MacLean but we don't actually see contact. It also didn't show any unnecessary attempt by Mr. Turcotte - or Mr. MacLean to grab his horse, shorten its stride but we did observe the horse break stride along with a couple of other horses beside him. We have testimony from Judge Rouse and we had testimony from Wayne MacLean the driver but we failed to hear testimony from the starter who was not contacted that night, or which anybody can recall and we have to determine how much weight would have been given to the starter's testimony if he saw anything at all. It was noted that neither side had subpoenaed the starter to bring in that testimony and for those reasons from what I witnessed on the tapes I am disallowing the appeal.
MR. RIER: Thank you.
CERTIFIED CORRECT__________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths