RULING NUMBER COM SB 028/2011
COMMISSION HEARING TORONTO, ONTARIO – JUNE 9, 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 GEORGE LARGE
On April 8, 2011, the Judges issued Official Ruling SB 43810 wherein the horse “Aahm A Cammi” was found not to be in violation of Rules 18.08.02 and 22.09 from Race 7 on March 29, 2011, at Western Fair Raceway.
On April 8, 2011, George Large filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On June 9, 2011, a Panel of the Ontario Racing Commission (“ORC”) comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Craig Walker appeared on behalf of the Administration of the ORC. George Large attended the Hearing and was represented by Brian Tropea.
After reviewing the evidence, hearing the testimony of Judge Don Lawrence, Doug McNair and George Large and upon considering the closing submissions, the Panel denied the appeal.
The Panel’s Reasons for Decision is attached to this ruling.
DATED at Toronto this 16^th^ day of June 2011.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Overview:
- Standardbred licensee, George Large, appealed SB Ruling No. 43810 wherein the horse “Aahim a Cammi” driven by Doug McNair was not issued a penalty for violating the pylon rule in the 7^th^ race on March 29, 2011, at Western Fair Raceway. The hearing was originally scheduled for May 5, 2011, but was adjourned at the request of the appellant.
Background
Judge Don Lawrence gave undisputed testimony during the film review of the race that Mr. Large moved his horse, “Orithyrie Semalu”, off the rail coming out of the final turn in the race. This movement was sufficient in that it provided driver, Doug McNair, enough room to proceed up along the rail. Mr. Lawrence testified that Mr. Large then proceeded to move back down towards the rail thereby forcing Mr. McNair to go off the racecourse and inside a pylon.
The race film confirmed Mr. Lawrence’s testimony. Because Mr. McNair, in the opinion of the Judges, was forced off the track by Mr. Large, they determined there was no infraction of SB Rule No. 18.08 02.
Mr. McNair confirmed, in his testimony, that Mr. Large’s horse drifted out around the last turn which provided him enough room to move up along the rail and that Mr. Large then moved his horse back in forcing him off the course.
Mr. Large and his groom, John Caron, both alleged in their respective testimony that Mr. McNair, post race, told Mr. Large to return to the track because his win would be nullified as he had gone off the track. Brian Tropea, acting as a friend and representing Mr. Large, did not question Mr. McNair if those statements were accurate.
Mr. Large, who drives infrequently, did not agree that he came off the rail thus allowing Mr. McNair room to move up along the rail. It was his opinion that he was just straightening out his horse coming out of the turn as horses have a tendency to drift out.
Mr. Large was concerned that he never received a call from the Judges, post race, and that he only had the opportunity to question the non-call after he called them. He disagreed with Judge Lawrence that he received a warning about his driving actions in that race. The Judges notes in Ex. 1 do reference a warning to Mr. Large but due to a potential missing page, the evidence of such a warning is inconclusive.
Issue
- Did the Judges interpret and correctly apply the rules as they pertain to the incident?
Decision
- After carefully listening to the testimony and reviewing the evidence and submissions, the Panel denies the appeal.
Reasons for Decision
The race film shows Mr. Large moved off the rail coming around the last turn thus allowing room for Mr. McNair to move up inside and then Mr. Large moved back down forcing Mr. McNair to go inside a pylon. Under SB Rule No. 18.08.02, this does not constitute a violation of the pylon rule (forced off).
The video replay was confirmed by undisputed testimony that Mr. Large drove his horse in such a manner that he came off the rail thus allowing Mr. McNair to move up inside and then he proceeded to come back down forcing Mr. McNair off the track.
The Judges interpreted and applied the rule correctly. Mr. Large’s question of why he was not contacted by the Judges after the race and before it went official, remains unanswered but it is reasonable to conclude that once it was determined that there was no placing required, any required follow up action could wait until after the races when there would be ample time to address it.
Whether Mr. McNair told Mr. Large his number would be coming down is irrelevant in as much as there was no rule violation and therefore no placing required. Mr. McNair has no authority, and, if in fact he did make the statement, he clearly does not understand SB Rule No. 18.08.02. Furthermore, the alleged statement was untested despite the appellant’s opportunity to pursue the matter.
Dated this 16^th^ day of June 2011.
Rod Seiling
Chair