RULING NUMBER COM TB 031/2010

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 2, 2010

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

THOROUGHBRED LICENSEE JAMES MCALENEY

Thoroughbred Jockey James McAleney, (“MCALENEY”) (ORC Licence #115861), appealed Ruling TB 6806/2010, dated September 22, 2010, wherein he was fined the sum of $300 and suspended for one racing day, September 26, 2010, for raising his hand above his head while urging his mount, “Thunder Ball” during the 9th race on September 19, 2010, at Woodbine Racetrack, in violation of Rule 9.27.07(a) of the Rules of Thoroughbred Racing.

On December 2, 2010, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner John Macdonald as Chair, was convened to hear the appeal.

Angela Holland appeared as counsel for the Administration. Robert King appeared on behalf of MCALENEY.

Given the recently completed review of the urging rules and subsequent recommendations of the ORC Committee of Inquiry, the Administration did not dispute the appeal.

Upon hearing submissions of counsel for the Administration and of Mr. King and considering the exhibits filed, the Panel ordered that the penalty be withdrawn.

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

Dated at Toronto, Ontario this 7th day of March 2011.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

RE: THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF

JAMES MCALENEY

Held Before:

John Macdonald, Commissioner

This is an excerpt of a Hearing of the Ontario Racing Commission re: JAMES MCALENEY, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 2nd day of December, 2010.

Appearances:

Angela Holland,

counsel for the Ontario Racing Commission Administration

Robbie King, agent for James McAleney

hearing continued ...

MR. CHAIRMAN: Mr. King, I am not going to disagree with the Administration but obviously we have a little more concern with it is over the shoulder and the reason for that, as I understand it, is for the protection of the horse and it is a question of the discretion of the stewards of how serious they thought the violation was and obviously after the review has been done it has not been considered in this particular case not as serious. We will go along with the matter being withdrawn. That's why and it would be helpful, and you can pass this on to the jockeys, Mr. King, we still consider it a serious violation of the rules and it is going to be applied as the stewards determine whether they consider its seriousness or if it is something that is not as serious where the violation is there but it is borderline we can understand that but that's why we rely on the stewards to help us make the decisions. Thank you, counsel, the matter is withdrawn.

MS. HOLLAND: Thank you, sir.

CERTIFIED CORRECT__________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths