AMENDED RULING NUMBER COM TB 019/2012
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 THE APPEAL AND REQUEST FOR HEARING OF THOROUGHBRED LICENSEE JUAN A. CRAWFORD
On September 30, 2012, the Stewards issued Thoroughbred Official Ruling TB 7829/12 wherein Juan Crawford (“Crawford“) was given the penalty of a fine of $500 and a three-day riding suspension for violation of TB Rules 9.27.05 (b) and 9.27.08 (a) & (b) for excessive use of his crop while urging his mount during the stretch run of the 4th race on September 25, 2012 at Fort Erie Racetrack. This was his third offense during the 2012 racing season.
On September 30, 2012, Crawford filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred Racing.
On November 21, 2012, a Panel of the (“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. Crawford attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Senior Steward Richard Grubb and Crawford and upon considering the closing submissions, the Panel denied the appeal and upheld the Stewards’ ruling.
Crawford will pay the $500 fine and serve the three-day riding suspension December 1, 2 and 5, 2012. Additionally Crawford is assessed $300 in costs for a total fine of $800.
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
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JUAN CRAWFORD
Held Before:
John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JUAN CRAWFORD, 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: This is like all other hearings, is a trial de novo and we start from scratch and see what happened in the race and listen to the judge involved Richard Grubb here. Mr. Crawford, we heard your comments but I find that the video was very clear as to the number of times that you hit the horse and you know the rules that you are to give the horse time to respond and the rules are there to protect the horses and the perception of the public as to what we in the industry would like to curb and that is excessive use of the whip. In this case since you have already seen this before and had the opportunity to see the video I'm going to tack on another $300.00 for frivolous appeal so that the original fine of $500.00 and three day suspension will stay and there will be an additional $300.00 for a frivolous appeal and that's to discourage appeals where you have had the opportunity to meet with the judges and they have shown you where the violations were. Unfortunately you didn't have the advice of counsel or maybe a representative of the HPBA to explain to you what was happening. It is not a large amount for a frivolous appeal but it is enough that if we were trying to get your attention and for all the other riders to know that they have to be careful when they are out there. We know the intention is to have the horse do the best he can for the trainers and owners but in this case the violation was clear.
MR. MCCOAG: So to summarize, sir, we are $800.00 and a three day riding suspension?
MR. CHAIRMAN: Correct.
MR. MCCOAG: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths