Ontario

Racing

Commission

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RULING NUMBER COM TB 022/2011

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 ERIC EDWARDS

On October 10, 2011, the Stewards issued Official Ruling TB 7329/11 wherein Eric Edwards (“EDWARDS”) was given a three-day riding suspension for coming in with his mount “Stars Brew” and interfering with “Twilight Affair” in the vicinity of the quarter pole during the running of the second race on October 9, 2011 at Fort Erie Racetrack. “Stars Brew” was disqualified from fourth position and placed sixth.

On October 11, 2011, EDWARDS 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 this matter.

Brian Newton appeared on behalf of the Administration for the ORC. EDWARDS attended the hearing in person and was self-represented.

Upon reviewing the evidence, and hearing the testimony of Senior Steward William McMahon and Jockey EDWARDS, reviewing the exhibits filed and considering the closing submissions, the Panel denied the appeal. EDWARDS will serve a three-day riding suspension commencing the first three days of the 2012 Fort Erie Racing season.

A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.

Dated at Toronto, Ontario this 1^st 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 ERIC EDWARDS

Held Before:

Brenda Walker, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ERIC EDWARDS, 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. This is an appeal of thoroughbred ruling 7329-11 where Eric Edwards was suspended three days inclusive for coming in with his mount STARS BREW causing jockey Real Simard to check his mount number 3 TWILIGHT FAIR in the second race at Fort Erie on October the 9th, 2011. After hearing the evidence and watching the tape of the second race Mr. Edwards agreed that he did come in with his mount and Real Simard had to check his horse. Therefore the appeal has been denied and the suspension of three days stands. Also, Mr. Edwards, we encourage you to be on time for these hearings. They start at 9:00 and also I would like the Administration to have Mr. Simard come in for not showing up as a witness and you will talk to the stewards to set up the days when you will serve your sentence. Okay, thank you very much.

MR. NEWTON: Thank you.

CERTIFIED CORRECT _________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths