Ontario Racing Commission
RULING NUMBER COM SB 059/2011
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 STANDARDBRED LICENSEE MARK MACDONALD
On October 10, 2011, the Judges issued Official Ruling SB 43346 wherein Mark MacDonald (“MACDONALD”) was given a $500 fine and three-day driving suspension for needlessly allowing the horse “Ill Be There” to pass on the inside and improve his position while driving “Tymal Oh So Nice” in the stretch drive at Mohawk Racetrack on October 1, 2011.
On October 10, 2011, MACDONALD filed a Notice of Appeal, pursuant to Rule 24.01 (b) of the Rules of Standardbred 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. MACDONALD attended the hearing in person and was self-represented.
Upon reviewing the evidence, and hearing the testimony of Judge David Stewart and Driver MACDONALD, reviewing the exhibits filed and considering the closing submissions, the Panel allowed the appeal.
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
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MARK MACDONALD
Held Before: Brenda Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MARK MACDONALD, 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 ...
MR. CHAIRMAN: Please be seated. This is a hearing of Mark MacDonald SB145/2011 wherein he was fined $500.00 and suspended from driving for three days. First of all, I would like to just let you know that the betting public has been - it has been a big contention of theirs about drivers letting horses up the inside rail and there has been a lot of complaints to the Racing Commission but after hearing the evidence and watching the tape I am going to allow the appeal. I believe that you thought you were doing the right thing and didn't intentionally move to the inside to allow Scott Zeron up the rail. I also believe that the tape shows that the horse was wobbly in the stretch drive and maybe due to your previous accident you were a little bit concerned for your safety. For that reason I will allow the appeal and if there are any questions?
MR. NEWTON: No questions.
MS. WALKER: Okay. Thank you.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths