Ontario Racing Commission
TB
RULING NUMBER COM SB 055/2012
COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 21, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE RICHARD WEBB
On September 8, 2012, the Judges issued Standardbred Official Ruling SB 44899 wherein Richard Webb (“Webb“) was given the penalty of a three-day driving suspension for violation of SB Rule 22.05.01 (a), caucusing interference while driving DG Cash For Life in Race #2 at Kawartha Downs on August 30, 2012.
On August 30, 2012, Richard Webb 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. Webb attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Judge Peter Gillies, Starter Steve Skene, Drivers Nick Boyd, Jonathan Drury, Steve Skilton and Webb, and upon considering the closing submissions, the Panel denied the appeal.
Webb will serve his three-day driving suspension on November 27, 28 and 29, 2012.
The Panel’s Reasons for Decision is attached to this ruling.
DATED at Toronto 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 RICHARD WEBB
Held Before: John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RICHARD WEBB, 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: Like all hearings here this is a trial de novo which means we start from scratch and we take the evidence that we have before us. There were five witnesses for the Administration and Mr. Webb appeared on his own behalf and gave his own testimony. It is a question of degree. I think seeing Mr. Webb's position, looking at where the track was wet as far as whether in or out but from my perspective showing, as a matter of fact, the picture that is on there now it would appear that Mr. Webb is still closer to the rail and Mr.Skilton is up to his wheel. The problem seems to have started when there was a gap. Mr. Webb's horse was not initially kept up. When he did he moved, was anxious and that appears and that is confirmed by the witnesses and the film that in fact, Mr. Webb, this is one of those cases where you did make a mistake. You came out a little late unfortunately and that's the risk in the horse business where you come out at the right time or not. It is a matter of degree and it doesn't take long for interference to happen. Yes, we have all seen worse cases of interference than this but there was interference, even though it wasn't so egregious that there was any accidents but I think that is partly because Mr.Skilton, maybe out of a little bit more caution than was necessary, did pull over and pull up and then go behind you, Mr. Webb, and follow on. The confusion at the back was something that you wouldn't have known was going to happen but that's the sort of thing that you can't control once the ball starts moving in that direction. So in summation I'm going to deny the appeal and we will continue with the three day suspension and the fine which I believe ...
MR. MCCOAG: There is no fine.
MR. CHAIRMAN: No fine, sorry. It was just the three day suspension and the horse finished 3rd and was placed last because of the interference. Thank you all for your attendance this morning and the evidence.
MR. MCCOAG: Thank you, sir.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths