RULING NUMBER COM TB 013/2011
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 13, 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 LICENSEES LINDA DIVITA AND ROSS ARMATA
On July 6, 2011, the Stewards issued Official Ruling TB 7123/2011 wherein the horse Dubai Calling was disqualified from first position and placed fifth for interference in violation of Rules 11:07, 11:12 and 11:14 in Race 2 at Woodbine on July 1, 2011.
On July 3, 2011, owner Linda Divita (“Divita”) and trainer Ross Armata (“Armata”) filed a Notice of Appeal, pursuant to 2009 Rules of Thoroughbred Racing.
On September 13, 2011, a Panel of the Ontario Racing Commission (ORC), comprised of Chair Rod Seiling convened for the purpose of hearing this matter.
Tom Miller appeared on behalf of the Administration of the ORC. Divita and Armata attended the Hearing and were represented by Shale Wagman.
After reviewing the evidence, hearing the testimony of Steward William McMahon, Jockeys Sunny Singh and Justin Stein and upon considering the closing submissions, the Panel disallowed the appeal and the placing stands.
A transcript with the Panel’s oral Reasons for Decision is attached to this Ruling.
DATED at Toronto this 20th day of September 2011.
BY ORDER OF THE COMMISSION __________________________________
Rob McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF ROSS ARMATA and LINDO DIVITA
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROSS ARMATA and LINDO DIVITA, 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 September, 2011.
Appearances:
Tom Miller,
agent for the Ontario Racing Commission Administration
Shale Wagman, for the appellants.
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully reviewing the testimony and the submissions the placing stands as per the Stewards' decision. The film supports the testimony of Steward McMahon and jockey Singh that jockey Stein did drop in and was not clear causing the clip/interference on Singh's horse STAR BREW. Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths