Ontario
Racing
Commission
- 1 -
RULING NUMBER COM TB 021/2011
COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 23, 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
THOROUGHBRED LICENSEE ANANTRAM (SUNNY) SINGH
On October 13, 2011, the Stewards issued Official Ruling TB 7341/11 wherein Anantram Singh (“SINGH”) was given a three-day riding suspension for coming in with his mount “Pakula” and interfering with “Duck Trail” in the vicinity of the three eights pole during the running of the sixth race at Woodbine Racetrack on October 12, 2011. “Pakula” was disqualified from fourth position and placed seventh.
On October 14, 2011, SINGH filed a Notice of Appeal, pursuant to the Rule 13.17 (b) of the Rules of Thoroughbred Racing.
On November 6, 2011, the Stewards issued Official Ruling TB 7373/11 wherein Anantram Singh (“SINGH”) was given a three-day riding suspension for coming in with his mount “Wildcat Times” and interfering with “Action Nine” approaching the run into the far turn of the fourth race at Woodbine Racetrack on November 5, 2011.
On November 7, 2011, SINGH filed a Notice of Appeal, pursuant to the Rule 13.17 (b) of the Rules of Thoroughbred Racing.
On November 23, 2011, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner Brenda Walker, convened for the purpose of hearing these matters.
Brian Newton appeared on behalf of the Administration for the ORC. SINGH attended the hearing in person and was self represented.
In the absence of Shale Wagman, counsel for SINGH, the Panel adjourned the hearing until a later date when Mr. Wagman could be made available to attend the hearing.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto, Ontario, this 1st day of December 2011.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF SUNNY SINGH
Held Before:
Brenda Walker, Commissioner
These are an excerpt of the two proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: SUNNY SINGH, 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 November, 2011.
Appearances:
Brian Newton,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MS. WALKER: All rise. Please be seated. Now, Mr. Singh, was your lawyer supposed to be here today?
MR. SINGH: Shale Wagman cannot be. He took my case and cannot make it here today because when I hired him I didn't have evidence book to give to him and other obligation. He still hadn't seen ‑‑
MS. WALKER: Well, first of all, we have got two booklets.
MR. SINGH: I only got one.
MS. WALKER: Yes, you had got the one in October.
MR. SINGH: The other one I have?
MS. WALKER: Yes, you have another one. You are here for two different appeals.
MR. SINGH: Yes.
MS. WALKER: Okay. Now the first booklet you had received?
MR. SINGH: Yes.
MS. WALKER: Okay. Now the second booklet was sent out to you on the 13th of November due to the fact they were trying to get you so you didn't have to come twice. They had sent the second booklet out for you so you could be here because you are probably going to be - do you leave the country? Do you go south?
MR. SINGH: Yes.
MS. WALKER: Okay, so that was the reasoning for the second booklet not getting out until the 13th. Okay, now you are saying you received that booklet when?
MR. SINGH: Yesterday in my mail.
MS. WALKER: Yesterday. Do you have when it was sent?
MR. NEWTON: It was sent out - Darla is just working on it but I believe it was sent out the 15th. She is just double checking the express post.
MS. WALKER: Okay, so are you prepared to go ahead with the first hearing then? You have two of them. You have two different hearings and you have had the booklet on the first one, okay?
MR. SINGH: Okay.
MS. WALKER: Are you prepared to go ahead with the first hearing?
MR. SINGH: No. I will tell you a conversation with myself and Shale Wagman my representative have. He said for me to come here and say that he cannot make it, get a next date or make a plea deal, which I tried to call. I don't know if that works here but he says to talk to one of the Directors, which I tried to call yesterday and Mr. Stone tried to call me back. We were playing phone tag. The conversation never get to happen.
MS. WALKER: Okay.
MR. SINGH: If we drop one and get off, plead guilty to the one, the first one, and get off the next one if that's possible. In that case we don't have to come back.
MS. WALKER: Okay, that's a decision that you have to talk to Mr. Newton here.
MR. NEWTON: I think as far as the Administration is concerned we are prepared to go so I don't think we are willing to make any deals.
MS. WALKER: Okay, well, when he is not properly represented ‑‑
MR. NEWTON: No, I understand that. I just mean in regards to a deal or anything along that lines. If he is not properly represented then we will have to return.
MS. WALKER: Then it will have to be adjourned today and you will have to set up another day when your lawyer can come and you will have to come back.
MR. SINGH: Yes.
MS. WALKER: You understand that?
MR. SINGH: I understand.
MS. WALKER: Okay, so that would be between Mr. Newton and if he is not prepared to go ahead today then you will have to set up another date for a hearing.
MR. NEWTON: Okay. We will be in touch then.
MS. WALKER: They will have to be in touch. Now
MR. SINGH: I'll be away for the winter.
MR. NEWTON: But you are going to have to be here for an appeal. We are going to reschedule and you are going to have to be here for whatever day it is.
MR. SINGH: Your honour, I'm pretty sure myself and which we do need witnesses for both cases here. They are not going to be in the country so I it is no sense me saying yes, I'm going to be here and they are not going to be here.
MS. WALKER: The other?
MR. SINGH: Yes.
MS. WALKER: Okay. Then it can be set up when you come back and you will not be able to ride until you have your hearing in the spring when you come back. You will have to come here before the racing starts.
MR. SINGH: Yes because March?
MS. WALKER: Yes, which will mean you will have to have your hearing before racing starts.
MR. SINGH: Right.
MS. WALKER: Okay.
MR. SINGH: In the month of March.
MS. WALKER: That's possible too is it not?
MR. NEWTON: It's possible, yes. I'm not exactly sure what the witnesses have on their agenda to be honest with you but over the winter.
MS. WALKER: Well, they are going to have to be talked to today because they didn't show up.
MR. NEWTON: Right.
MS. WALKER: And they have had their summons.
MR. NEWTON: Yes.
MS. WALKER: So they didn't show up for this hearing. They should have been here regardless of what was going to happen today. So you will have to contact them and find out why they weren't here today and then between you and Mr. Singh you will have to have a hearing set before you start racing again at Fort Erie or Woodbine, wherever you are going to race next spring, okay?
MR. SINGH: Okay.
MS. WALKER: And you will have to come back in here for both of these.
MR. SINGH: Both of these, yes.
MS. WALKER: Okay and you will have to set a date.
MR. NEWTON: Okay.
MS. WALKER: Okay?
MR. NEWTON: Yes.
MR. SINGH: Thank you.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths