RULING NUMBER COM QH 001/2011
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 25, 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
QUARTERHORSE LICENSEE ERIK LEHTINEN
On August 16, 2011, at the start of the 8th race at Ajax Downs, which was a Derby Trial for the All Canadian Derby, the rider of the horse WHOS KISSIN SHAZOOM, John McInerney, became unseated, following contact with the horse JOG MY MEMORY. As a result, JOG MY MEMORY, which originally finished 1st, was disqualified and placed 6th. The final order of finish was:
ZOOMING RISKS;
STOLE BY NIGHT;
TELLER LITE;
FISHER LINES;
A SHORE THINGS; and
JOG MY MEMORY.
Erik Lehtinen (“LEHTINEN”), the owner and trainer of JOG MY MEMORY, submitted a Notice of Appeal, with respect to the placing of JOG MY MEMORY.
On August 25, 2011, a Panel of the Ontario Racing Commission (“ORC”) consisting of Chair Rod Seiling, was convened to hear the appeal.
Angela Holland appeared as counsel for the Administration. LEHTINEN attended the hearing in person and was self-represented.
Upon hearing the testimony of Senior Steward Fenton Platts, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the Administration and of LEHTINEN, the Panel ordered that JOG MY MEMRORY should be placed rather than disqualified.
The Transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 12th day of September 2011.
BY ORDER OF THE COMMISSION
Rob McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
QUARTER HORSE HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF ERIK LEHTINEN:
Held Before:
Rod Seiling, Chairman
These are the oral reasons and ruling in the above mentioned matter held before The Ontario Racing Commission, Re: ERIK LEHTINEN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 25th day of August, 2011.
Appearances:
Angela Holland for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: So therefore it seems to me that given the agreed statement of facts it allows me to rule that the horse should be placed rather than disqualified.
MS. HOLLAND: I would agree with that.
MR. CHAIRMAN: And I'm sure you are not going to disagree, sir. So I will make that ruling based on an agreed statement I am ordering the number 1 horse ‑‑
MR. PLATTS: Placed first.
MR. CHAIRMAN: I'm just getting the name.
MR. PLATTS: JOG MY MEMORY.
MR. CHAIRMAN: ‑‑ JOG MY MEMORY to be placed from finishing ‑‑
MR. PLATTS: First.
MR. CHAIRMAN: ‑‑ first to sixth?
MR. PLATTS: Sixth place.
MR. CHAIRMAN: And I think that's all I have to do.
CERTIFIED CORRECT:______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths