RULING NUMBER COM SB 015/2011

COMMISSION HEARING TORONTO, ONTARIO – APRIL 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

STANDARDBRED LICENSEE ROBERT SHEPHERD

On March 2, 2011, standardbred Driver Robert Shepherd, ("SHEPHERD") (ORC Licence #607G6), appealed Judges Ruling SB43025, dated February 28th, 2011 wherein he was fined the sum of $200 and suspended for 3 days (March 6^th to the 8^th inclusive) wherein he used his whip from outside the confines of the race bike, during the 4^th race on February 4, 2011, at Woodbine Racetrack, in violation of Rule 22.23.03(c) of the Rules of Standardbred Racing.

On April 13, 2011, a Panel of the Ontario Racing Commission ("ORC") consisting of Commissioner Brenda Walker as Chair, was convened to hear the appeal.

Rick Rier appeared as agent for the Administration. SHEPHERD attended the hearing in person and was assisted by Anthony Haughan.

Upon hearing the testimony of SHEPHERD and Judge Brian Newton, upon reviewing the exhibits filed and upon hearing the submissions of Rier and Haughan, the Panel upheld the appeal.

A transcript of the Panel's Oral Decision is attached to this Ruling.

Dated at Toronto, Ontario this 15^th day of April 2011.

BY ORDER OF THE COMMISSION ____________________________

Rob McKinney

(Acting) Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ROBERT SHEPHERD

Held Before:

Brenda Walker, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROBERT SHEPHERD, 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 April 2011.

Appearances:

Rick Rier,

Agent for the Ontario Racing Commission Administration

Hearing continued...

MR. RIER: All rise please.

MADAME CHAIR: Please be seated. This is a hearing for Robert Shepherd for a violation of ORC Rule 22.23.03(c), 22.23.05(a) and (b) while driving SAILAWAY DREAM in the 4th race at Woodbine February 4th, 2011. After hearing evidence and reviewing the tapes I believe that Mr. Shepherd was inside the confines of the race bike, although, he was close to going over and therefore I will allow the appeal.

MR. RIER: Thank you.

CERTIFIED CORRECT__________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths