RULING NUMBER COM SB 018/2011
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 MIKE WASSILYN
On January 28, 2011, standardbred, Driver Mike Wassilyn, ("WASSILYN") (ORC Licence No. E12780), appealed Judges' Ruling SB43177, dated February 9th, 2011, wherein the horse Dream Waves finished 4th and was placed 7th for causing interference while off stride in the 6th race, on January 28, 2011, at Flamboro Downs, in violation of Rule 22.09, 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. WASSILYN attended the hearing in person and was unrepresented.
Upon hearing the testimony of Judge Peter Gillies, upon reviewing the exhibits filed and upon hearing the submissions of Rier and WASSILYN, the Panel disallowed the appeal and the placing stands.
Dated at Toronto, Ontario this 21st day of April 2011.
BY ORDER OF THE COMMISSION ____________________________
John L. Blakney
Executive Director
REASONS FOR DECISION
Standardbred Driver Mike Wassilyn, ("WASSILYN") (ORC Licence No. E1278), appealed Judges' Ruling SB 43177, dated February 9th, 2011, wherein the horse Dream Waves finished 4th and was placed 7th for causing interference to #3 Zorgwijk Karma while off stride in the 1st turn in the 6th race, on January 28, 2011, at Flamboro Downs, in violation of Rule 22.09, of the Rules of Standardbred Racing.
Motions
Two Motions were put forward at the beginning of the hearing by Wassilyn.
The first: The Ontario Racing Commission ("ORC") did not follow the Rules of Procedure because he did not receive disclosure, and did not receive the written testimony of Haughan and Turcotte.
The second: It was a slipshod investigation and he wanted all three Judges to appear before the ORC today. Also Jeff Minler who was scheduled to testify at this hearing had to fill in at a track for someone who had called in sick and was replaced by Peter Gillies.
In answer to the Motions
The first motion: Wassilyn did receive the disclosure booklet and there was no written testimony as the witnesses were present and will be able to be cross-examined by Wassilyn.
The second motion: In the absence of Judge Minler, Wassilyn was asked if he would like the hearing adjourned until Judge Minler could appear before us. He declined and said he was prepared to continue. It was noted that Judge Gillies who was present at this hearing to testify was present the night in question and was manning the phone that night.
The hearing proceeded
Testimony was heard from:
Anthony Haughan
Justin Turcotte
Peter Gillies
The race tapes from race 6 were watched.
Michael Wassilyn, although asked if he would, did not take the stand.
It was noted by Wassilyn and confirmed that there were mistakes in Senior Judge Minler's report of the night in question, but just pertaining to the head number of Wassilyn's horse. It was referred to as # 6 not #2.
The question to be answered was: Did Michael Wassilyn driving #2 Dream Waves interfere with #3 Zorgwijk Karma while on a break?
After hearing the testimony and reviewing the tapes, the appeal has been disallowed and the placing stands.
Reasons for the Decision
The tapes show that #2 Dreams Waves did make a break and in turn caused Anthony Haughan driving #3 Zorgwijk Karma to check his horse and go off stride.
It was also observed that going in the 1st turn, the #2 horse driven by Wassilyn squeezed #9 driven by Turcotte, pushing him over a pylon while trying to get into a hole, then forks of the bikes hit and Wassilyn made a break and caused the checking of #3 Zorgwijk Karma which led to the placing from 4th to 7th.
DATED this 21st day of April 2011.
Brenda Walker
Commissioner