RULING NUMBER COM TB 018/2012
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 October 8, 2012, the Stewards issued Thoroughbred Official Ruling TB 7858/12 wherein Juan A. Crawford (“Crawford“) was given the penalty of three racing days for causing interference with the inside horse Yankee Bailey West, a violation of TB Rules 11.07,11.09.1,11.09.3,11.09.5,11.12 and 11.14, shortly after the start of the 6th race on October 7, 2012, at Fort Erie Racetrack
On October 8, 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 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. Crawford attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Steward Fenton Platts, Jockey Melanie Pinto and Crawford, and upon considering the closing submissions, the Panel denied the appeal.
Crawford will serve the three-day riding suspension on November 25, 28 and 29, 2012.
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 a trial de novo like all the cases are. I have listened to the evidence of Mr.Platts and Melanie Pinto and Mr. Crawford and I'm going to deny the appeal. There was an initial bump leaving the starting get which didn't seem to be too serious but then Mr. Crawford was unable to control the horse sufficiently enough and to straighten him out so that did effectively let his horse interfere with the horse driven by Melanie Pinto, the results of which the judges' decision to change the placing to have Mr. Crawford's horse GRANT'S LOVE placed second and Ms. Pinto's horse YANKEE BAILEY WEST moved to 1st. The placings will stay as is. The three day suspension will stay as it is and it will be tacked on to the previous one we heard this morning so they will run consecutively and the Administration was kind enough to say that they didn't think you deliberately; and I was a little worried about it when I saw you looking back after, assumed you knew what was happening when the bump occurred and clearly there was interference. Now whether you could have straightened out the horse or not we don't know. Only you would know that, riding that horse at that time and any other time but the video made it quite clear that it was interference and so the ruling will stand as amended. Thank you.
MR. MCCOAG: Thank you, sir.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths