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 KIRK W.JOHNSON
On September 10, 2012, the Stewards issued Thoroughbred Official Ruling TB 7765 wherein Kirk Johnson (“Johnson“) was given the penalty of a three-day riding suspension for violation of TB Rules 11.07, 11.09.01, 11.09.03 and 11.09.05, causing interference during the stretch run in the 8th race on September 9, 2012 at Fort Erie Racetrack.
On September 9, 2012, Johnson 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 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. Johnson did not show, did not send representation and did not contact the Administration to provide any reason for his absence. . It was understood that he had moved to another jurisdiction for the balance of the year.
The Panel denied the appeal on the basis that Johnson was a no show. Johnson must appear before .the Stewards before he is re-licensed in Ontario and must serve his three-day suspension at that time. The dates are to be established with the board of Stewards
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 KIRK JOHNSON
Held Before:
John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: KIRK JOHNSON, 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: In the matter involving the appeal of Kirk Johnson the appellant chose not to appear. We are going to deny the appeal. We also have the one witness that had been subpoenaed Brian Cheyne and there is no reason given for either one of these people to be absent so I am going to refer this matter to the Administration with the requirement that both of them appear before the Executive Director or the Deputy Director to explain the reasons for their non appearance.
MR. MCCOAG: I'm just wondering about the days here.
MR. CHAIRMAN: He was given a three day suspension. I don't know how you work that out. Has he been riding at Woodbine?
MR. MCCOAG: No, he hasn't been. If we could set three days here and we would try to send a copy of the ruling to West Virginia and have him sit the days out or maybe he should be required to see the stewards upon his return because then upon his return they could set three days for him.
MR. CHAIRMAN: I think that would be the appropriate one. I don't know what our reciprocal arrangement is with West Virginia.
MR. MCCOAG: If the ruling states then that he is required to see the stewards before he resumes riding in Ontario and ‑‑
MR. CHAIRMAN: And his suspension will be set at that time by the stewards, yes.
MR. MCCOAG: Okay, sir. Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths