RULING NUMBER COM TB 015/2012
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 31, 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 LICENSEES ELDRIDGE LINDSAY AND LYNN SIMON
On August 28, 2012, the Stewards issued Thoroughbred Official Ruling TB 7741/12 wherein Jockey Eldridge Lindsay (“Lindsay”) was suspended from riding for 3 days and placed from 1st to 2nd for violation of TB Rules 11.07, 11.09.01, 11.09.03, 24.01(c) and 16.13 (c), causing interference to another horse while riding “Your Fantasy” in race 4 on August 28, 2012, at Fort Erie Racetrack.
On August 30, 2012, Mr. Lindsay filed a Notice of Appeal, pursuant to Rule 13.17 (B) of the Rules of Thoroughbred 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. Lindsay and Ms. Simon appeared and were unrepresented.
After reviewing the evidence and hearing the testimony of witnesses Terry Husbands, Steward Neil McCoag and upon considering closing submissions, the Panel denied the appeal. The placing stands and Lindsay will serve the 3-day riding suspension on October 28, 29 & 30, 2012.
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 ELDRIDGE LINDSAY/LYNN SIMON
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ELDRIDGE LINDSAY/LYNN SIMON, 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 is did the appellant Eldridge Lindsay violate thoroughbred rules 11.07, 11.09.01 and 11.09..03 in the 4th race on August 28, 2012 at Fort Erie thereby causing a placement of Ms. Simon's horse. The decision: 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 the 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 Lindsay violated rules 11.07, 11.09.01 and 11.09.03. The video of the race confirms the fact, and admitted by Mr. Lindsay, that his horse did come out. The testimony of Steward McCoag and jockey Husbands, on a balance of probabilities, supports the rule violation.
As with most interference calls on appeal it is very subjective and it is widely acknowledged seeing the race live is helpful in making a call and therefore in this case we go with the stewards as to what happened during that race and the rule violation. Therefore, the placing remains and the three days penalty to Mr. Lindsay remains.
Aggravating factors in this appeal which might have impacted in a positive way on Mr. Lindsay is his unwillingness to cooperate with the Stewards at the film review. This ends the hearing.
Any questions? Mr. Lindsay, you can work out your days with the Stewards.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths