RULING NUMBER COM QH 001/2012
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 28, 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 QUARTER HORSE LICENSEE MARTY MERCIECA
On June 24, 2012, the Stewards issued Official Ruling QH 7587 wherein Marty Mercieca (“MERCIECA”) was issued a fine of $300 for using his crop with aggressive action, as he was observed to strike his mount “Paint It Black” under the belly area during the running of the fifth race on June 12, 2012 at Ajax Downs.
On June 24, 2012, MERCIECA filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred 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. MERCIECA appeared and was self represented.
MERCIECA indicated that he wished to withdraw his appeal. The request was granted. MERCIECA will pay a $300 fine and is accessed costs of $50 due September 8, 2012.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto, Ontario this 11th day of September 2012.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MARTY MERCIECA
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MARTY MERCIECA, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 28th day of August, 2012.
Appearances: Brian Newton, agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: I'll just summarize it for you. This directive was put in place to deal with situations like this that once we, the Commission, the Administration staff, begins work on an appeal there is a cost involved and so we are quite prepared to allow people to withdraw their appeals but on the other hand there is also a requirement on the Commission to use its resources properly and effectively and efficiently and so this policy was put in place that we would recoup those costs because there was a time when, for some appeals, there is a lot of work put in place and we would be here ready to go and all of a sudden, I want to withdraw my appeal. So we are quite prepared to allow you to withdraw your appeal and I'm going to so order that but I'm also going to invoke Directive 3/2010 and I want to be as fair as I can to you and for that reason I'm going to allow you to withdraw the appeal but there will be a fee or fine or whatever you want to call it charged to you and I'm going to limit it as best I can to $50.00.
MR. MERCIECA: I accept.
MR. CHAIRMAN: So on that basis you have requested to have your appeal withdraw. I accept that and under Policy Directive 3/2010 you are fined a sum of $50.00 for dropping your appeal. That's it. You're excused.
MR. MERCIECA: Thanks.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths