RULING NUMBER COM SB 047/2012

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 23, 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 JEAN RENE PLANTE

On September 5, 2012, the Judges issued Standardbred Official Ruling SB42749 wherein Jean Plante (“Plante”) was given a 10-day driving suspension and a $300 fine for violation of SB Rule 22.23.03(e) and 22.23.05 (a) and (b), while driving the horse “Mako Sica” during the 3rd race on August 19, 2012 at Flamboro Downs.

On August 31, 2012, Plante filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On October 23, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.

Tom Miller appeared on behalf of the Administration of the ORC. Plante appeared in person and was unrepresented.

After reviewing the evidence and hearing the testimony of witnesses Dr. Julie Ballinger and Judge Jeff Minler and upon considering closing submissions, the Panel denied the appeal and increased the penalty. Plante is fined $300 with a driving suspension of 12 days which he will serve from October 31, 2012 through November 11, 2012 inclusive.

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

DATED at Toronto this 1st day of November 2012.

BY ORDER OF THE COMMISSION ________________________________

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JEAN RENE PLANTE

Held Before:

Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JEAN RENE PLANTE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of October, 2012.

Appearances:

Tom Miller,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. The issue before the panel is did the appellant Jean Rene Plante violate rules SB 22, 23.03(e) and 22.23.05 (a) and (b) in the 3rd race on August 19th, 2012 at Flamboro Downs. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. Reasons: the standard of proof is on a balance of probabilities with the onus of proof on the Administration of the ORC. Based on the evidence it is reasonable to conclude that the appellant Jean Rene Plante violated rules 22.23.03 (e) and 22.23.05 (a) and (b). The video of the race shows Mr. Plante hit the horse during the race. He is right handed, the welts on the horse are on the right side. He did admit with the pictures that there are two welts on the right side of the horse, as taken by Dr. Ballinger. Dr. Ballinger also confirmed that the trainer told her that the welts came from the race. Judge Minler confirmed that Mr. Plante was within the parameters of the urging rule. He also confirmed that with Mr. Plante having his hand holds moved back it enabled him to put an extra bite into the whipping action. The penalty assessed is varied and set at 12 days and the fine remains at $300.00. The panel took into consideration mitigating and aggravating factors. The mitigating, his record of no previous urging violations as opposed to his refusal to accept responsibility in a circumvention of the urging rule by moving his hand holds back to allow for more bite into his whipping. The ORC has a responsibility to protect the health and welfare of the horse. It takes this very seriously and is sending a message with the deterrence. The panel also notes for greater clarity the onus is on the driver to report welts on a horse as soon as he or she sees them. Refusal to accept this responsibility is taken very seriously and licensees should take note. Thank you. Mr. Plante, you can work out with the Judges as to when the penalty will take effect.

CERTIFIED CORRECT_________________________________

RAYMOND P. MACDONALD, B.A., CVR