RULING NUMBER COM TB 010/2012

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 24, 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

THOROUGHBRED LICENSEE RODERICK DACOSTA

On July 23, 2012, the Stewards issued Official Ruling TB 7663/12 wherein Jockey Roderick DaCosta (“DACOSTA”) was issued a $200 fine for indiscriminate use of the crop, hitting his mount “Seeyadowntheroad” in an area other than the shoulder or hind quarters in the stretch of the second race on July 22, 2012 at Fort Erie Racetrack.

On July 25, 2012, DACOSTA filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.

On September 24, 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. DACOSTA attended the hearing and was represented by Robert King, Manager of the Jockey’s Benefit Association of Canada.

Upon reviewing the evidence and hearing the testimony of Senior Steward Richard Grubb and DACOSTA, reviewing the exhibits filed and considering the closing submissions, the Panel denied the appeal.

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

Dated at Toronto, Ontario, this 1^st^ day of October 2012.

BY ORDER OF THE COMMISSION

Steve Lehman

Acting Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF RODERICK DACOSTA

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RODERICK DACOSTA, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 24th day of September, 2012.

Appearances:

Brian Newton,

agent for the Ontario Racing Commission Administration

Robbie King agent for the licensee Roderick DaCosta

Hearing continued ...

MR. CHAIRMAN: The issue, did the appellant Roderick DaCosta violate TB Rules 9.27.05(a) and 9.27.08(a) on July 22, 2012 at Fort Erie Racetrack in the 2nd race. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. Reasons for decision: the standard of proof is on a balance of probabilities with the onus of proof on the Administration of the ORC. Based on Mr. DaCosta's admission that he hit the other horse in the head with his crop it is reasonable to conclude that the appellant Roderick DaCosta did violate Rules 9.27.05(a) and 9.27.08(a). Based on ORC penalty guidelines the penalty assessed by the Stewards is not varied and the fine of $200.00 remains. The panel took into consideration the aggravating factors that he did hit the horse in the head, the need to protect the welfare of the horse and the public interest. Thank you.

CERTIFIED CORRECT_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths