RULING NUMBER COM SB 056/2012
COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 21, 2012
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING STANDARDBRED LICENSEE ROBERT SHEPHERD
On September 16, 2012, the Judges issued Standardbred Official Ruling SB 45325 wherein Robert Shepherd (“Shepherd“) was given the penalty of a $300 fine and a 10-day driving suspension for violation of SB Rules 22.23.03 (e), 22.23.05 (a) & (b) and Policy Directive No. - 5/2009, leaving a welt over the right hip area of the horse, Lost in the West, as a result of his urging actions in the 5th race at Flamboro Downs on August 26, 2012.
On September 16, 2012, Shepherd filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing
On November 21, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.
Neil McCoag appeared on behalf of the Administration of the ORC. Shepherd attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Commission Veterinarian Dr. J.A. Ballinger, Senior Judge Peter Gillies and Shepherd, and upon considering the closing submissions, the Panel denied the appeal and modified the penalty.
Shepherd is fined $500 and suspended for 12 days. The driving suspension is from November 25, 2012 to December 6, 2012 inclusive.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 28th day of November 2012.
BY ORDER OF THE COMMISSION
Steven Lehman Executive Director ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ROBERT SHEPHERD
Held Before: John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROBERT SHEPHERD, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of November, 2012.
Appearances: Neil McCoag, agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Counsel, I am going to deny this appeal. The Notice of Appeal refers to the fact that this horse had been chosen for a blood test and that is the reason why the vet could see the welts. Yes, that is what happened but there are a number of horses that go to the test barn and a veterinarian doing his job will normally and in almost all cases, as far as I know, will advise the judges of welts that are seen. The fact that there was heat we have testimony that that may be what showed the welts possibly came up a little faster. I don't know about that. That's the evidence and it was there, it did show and the pictures show there was one welt. Dr. Ballinger indicated that there were two others. The video did show the whipping but we can't really tell from that whether that was the cause of those welts but we can only assume on the balance of probabilities, which is what we have to do here, that that is what happened. I don't think the argument that other people leave welts and they are not fined or brought before the judges is directly relevant. It would be nice if all cases like that were reported in some fashion. On the question of the penalty, counsel, it was $300.00 and ten days. You are suggesting adding another further two days.
MR. MCCOAG: Two days.
MR. CHAIRMAN: A further two days making it twelve.
MR. MCCOAG: Yes.
MR. CHAIRMAN: And I'm also of the view that this is, notwithstanding the argument of Mr. Shepherd, that this is a frivolous appeal. The evidence was there. You had the opportunity to appear before the judges. You heard Dr. Ballinger. Just so that people will pay attention to this I think we are going to add another $200.00 for a frivolous appeal and I will go to the twelve days and the current fine of $300.00. This appeal is dismissed.
MR. MCCOAG: It will be a total then of $500.00?
MR. CHAIRMAN: Five hundred. $200.00 being for a frivolous appeal.
MR. MCCOAG: And twelve days. Thank you, sir.
MR. CHAIRMAN: This matter is terminated. Thank you
CERTIFIED CORRECT:_________________________________ RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths