RULING NUMBER COM TB 034/2010

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 EURICO DA SILVA

Thoroughbred Jockey Eurico Da Silva, ("DA SILVA") (ORC Licence #125179) appealed Ruling TB 6864/2010, dated October 16, 2010, wherein he was fined the sum of $300 and suspended one day, October 20, 2010, for using his crop in an excessive manner, more than three strikes in succession, while riding, "PURE ATTITUDE" in the stretch run of the 7th race at Woodbine on October 15, 2010, in violation of Rule 9.27.07(b) 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 DA SILVA.

Mr. King advised that DA SILVA wished to withdraw his appeal and serve his penalty on December 5, 2010. Given the recently completed review of the urging rules the Administration submitted that DA SILVA be allowed to withdraw his appeal without a cost penalty. The Panel agreed with the Administration's submission and the appeal was withdrawn without a cost penalty.

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

EURICO DA SILVA

Held Before:

John Macdonald, Commissioner

This is an excerpt of a Hearing of the Ontario Racing Commission re: EURICO DA SILVA, 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 Eurico Da Silva

Hearing continued ...

MS. HOLLAND: This is with respect to Ruling TB6861/10 dated October 16th, 2010. Mr. Da Silva has agreed to withdraw his appeal and he will be serving his penalty on the last day of racing which I believe is this Sunday. Is that correct, Mr. King?

MR. KING: Correct.

MS. HOLLAND: I should also confirm that in light of the urging review process the Administration has recommended that there should be no costs for withdrawing the appeal.

MR. CHAIRMAN: I understand given the recent process all those involved and we are hoping that stewards were well represented and it affects their decision making and the withdrawal here. The costs are in our jurisdiction but we are not going to disagree with counsel.

MS. HOLLAND: Thank you, sir.

MR. CHAIRMAN: And this matter is withdrawn at no costs. The penalty can be served I gather on the last day of the meet?

MR. KING: Correct.

CERTIFIED CORRECT__________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths