Ontario

Racing

Commission

TB

RULING NUMBER COM SB 001/2011

COMMISSION HEARING TORONTO, ONTARIO – JANUARY 12, 2011

IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF

STANDARDBRED LICENSEE DAGFIN HENRIKSEN

On November 7, 2010, the Judges issued Standardbred Official Ruling SB41856 wherein he was suspended from driving for three days and fined the sum of $200 for violation of Rule 22.23.04 (a) in race 4 at Rideau Carleton Raceway on October 21, 2010.

On November 8, 2010, Dagfin Henriksen (Henriksen) filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On January 12, 2011, a Panel of the Ontario Racing Commission (ORC) comprised of Commissioner Brenda Walker, convened for the purpose of hearing this matter.

Rick Rier appeared on behalf of the Administration of the ORC. Henriksen attended the Hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Judge Mike Weber and upon considering the closing submissions, the Panel allowed the appeal.

A transcript with the Panel’s oral Reasons for Decision is attached to this ruling.

DATED at Toronto this 14^th^ day of January, 2011.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF DAGFIN HENRIKSEN

Held Before:

Brenda Walker, Chairman

This is an excerpt of a Hearing of the Ontario Racing Commission re: DAGFIN HENRIKSEN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 12th day of January, 2011.

Appearances:

Rick Rier agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. RIER: All rise please.

MADAME CHAIR: In the appeal of Dagfin Henriksen ruling SB 41856 issued November 7th, 2010 where he was suspended from driving for three days and fined $200.00 for a violation of Rule 22.23.04(a) while driving STRIKE GOLD during the 4th race at the Rideau Carlton Racetrack on October the 21st, 2010. After hearing the evidence and watching the films I am allowing the appeal. The film shows that he was transferring his whip to under his arm just before the finish and there was no intent or movement towards the horse with his whip and he placed his hands back on the lines after the transfer. Any questions? Next.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths