RULING NUMBER COM SB 037/2012
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 13, 2012
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 AARON BYRON
On July 4, 2012, the Judges issued Official Ruling SB 44931 wherein Aaron Byron (“BYRON”) was given a ten-day driving suspension for bearing in and causing an accident while driving the horse “K Aos Agent” during the running of the first race at Flamboro Downs on July 1, 2012. “K Aos Agent” finished in fourth position and was disqualified for causing an accident.
On July 12, 2012 BYRON filled a Notice of Appeal, pursuant to Rule 24.01 (b) of the Rules of Standardbred Racing.
On August 28, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Brian Newton appeared on behalf of the Administration for the ORC. BYRON attended the hearing in person and was represented by Mike Sinclair.
Upon reviewing the evidence, and hearing the testimony of Senior Judge Chuck Fraleigh and driver J Brandon Campbell and reviewing the exhibits filed, BYRON requested an adjournment to obtain further exhibits. The Panel granted a continuance of the hearing to be rescheduled for September 13, 2012.
On September 13, 2012, a hearing, consisting of the same Panel, convened to hear the remainder of this matter.
Upon reviewing the evidence, and hearing the testimony of drivers Rick Baker and Aaron Byron and reviewing the exhibits filed and considering the closing submission, the Panel varied the penalty to a seven-day driving suspension. BYRON will now serve his seven-day suspension September 22 through September 28, 2012, inclusive.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto, Ontario, this 20th day of September 2012.
BY ORDER OF THE COMMISSION
Steve Lehman
Acting Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF AARON BYRON
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: AARON BYRON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of September, 2012.
Appearances:
Brian Newton,
for the Ontario Racing Commission Administration
Mike Sinclair,
for the licensee
Aaron Byron
Hearing continued ...
MR. CHAIRMAN: The issue is not whether Aaron Byron violated Standardbred Rule 25.05.01 on July 1, 2012 at Sudbury Downs. Based on his Notice of Appeal the issue is only severity of penalty. The video clearly shows Mr. Byron's horse moved out off the rail thereby creating room along the one post. His coming back in caused a driver to be unseated. Based on ORC penalty guidelines the penalty is varied and is set at seven days. The panel took into consideration the need to protect the driver, the safety of horses and participants. There was an alleged infraction and it is insufficient, especially given that there was space sufficient to allow another horse to move into the vacated space, to say driver etiquette allows me to come back.
With respect to driver Campbell, his testimony was not helpful. Participants need to know that when they give testimony they need to be forthright and provide testimony as per what happened. Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths