Ontario

Racing

Commission

RULING NUMBER COM SB 030/2012

COMMISSION HEARING TORONTO, ONTARIO – JULY 23, 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 BY

STANDARDBRED LICENSEE NICKOLAS BOYD

On May 18, 2012, the Judges issued Standardbred Official Ruling SB 42674 wherein Driver Nicholas Boyd (Boyd) was given the penalty of a $300 fine and a 5-day driving suspension for violation of Rules 22.23.03 (a), (b) &(c) and 22.23.04 (a), (b) & (c). Boyd failed to keep a line in each hand and did raise his hand, while urging, above his head and back beyond a 90 degree angle. He also failed to keep his whip within the confines of the race bike. The horse “Rhapsody Star” finished 5th and was placed 9th.

On May 25, 2012, Boyd filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.

On July 23, 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. Boyd attended the Hearing and was unrepresented.

After reviewing the evidence, hearing the testimony of Judge Tom Miller and driver Boyd and upon considering the closing submissions, the Panel denied the appeal.

The penalty of a $300 fine and a five-day driving suspension from July 24 to July 28, 2012, inclusive will apply. The placing of the horse “Rhapsody Star” from 5th to 9th will stand.

The transcript of the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 31st day of July 2012.

BY ORDER OF THE COMMISSION __________________________________

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER THE APPEAL AND REQUEST FOR HEARING OF

NICK BOYD

Held Before:

John Macdonald, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: NICK BOYD, 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 July, 2012.

Appearances:

Neil McCoag,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Mr. Boyd, I have to agree with you that there is no clear evidence that you didn't have the reins in your hand but the number of hits as explained to you by Judge Miller that's going to depend on whether we think it is flagrant or not and from what I could see you certainly were bringing your arm far enough back to make a difference and I don't know if that urging made the difference finishing fifth or sixth. You managed to beat the 5 horse but again this Commission is discouraging, and this is why the rules were brought in for urging in both Standardbred and Thoroughbred and Thoroughbred is very clear if your arm is above your shoulder it is a violation. Now you at the turn it might not have been noticeable but once you hit the top of the stretch and starting hitting it became quite clear that your arm was far enough back that you were hitting the horse and so I'm going to deny the appeal. There is no question that you did hit the horse and you have sort of indicated yourself that but as far as the reins go, no. So if that becomes a question of in the future that's not clear. It's the film at Kawartha that is the problem there. The Judges thought that and that's what made them in all likelihood of seeing the film again and seeing if that is what had happened. Then the placing, placing the horse 6th, 7th, 8th, 9th it wouldn't have made any difference. The last bit of urging may have made the difference between finishing 5th or 6th so I agree with the Judges on the placing. It would have been after the 5th. The last bit of urging may or may not have made the difference. I can't tell and the horse can't tell us either. Only you would know whether that did when you were still moving. Once the horse has been hit enough times urging usually doesn't help. They've had enough and that's why the rule has been brought in to stop that urging. So the appeal is denied. Thank you all.

MR. MCCOAG: Sir, there is the ‑‑

MR. CHAIRMAN: About the days?

MR. MCCOAG: ‑‑ the days to be established. Do you wish to establish them now or would you prefer that ...

MR. CHAIRMAN: Well, we can ask Mr. Boyd. It is five days, Mr. Boyd. So the question is when do you want that to start?

MR. MCCOAG: Well, normally, do you have any horses in to go, Nick?

MR. BOYD: I will. I have two horses today.

MR. MCCOAG: You have horsed entered today for?

MR. BOYD: Kawartha Downs, Thursday.

MR. MCCOAG: For what date?

MR. BOYD: Well, Thursday through Sunday.

MR. CHAIRMAN: So we could start next week then.

MR. MCCOAG: So you have entered today for Thursday.

MR. BOYD: I could just take the days starting tomorrow.

MR. MCCOAG: Five days starting tomorrow. You have nothing in the box, right?

MR. BOYD: I have a drive this afternoon entered and that's it.

MR. MCCOAG: Okay, five days starting tomorrow. Thank you.

MR. CHAIRMAN: And it's the policy here generally if a horse has been entered we don't interfere with that.

MR. BOYD: I didn't put myself down.

MR. MCCOAG: We would let him race out and start the next day after his horses were classified.

MR. CHAIRMAN: Thank you all.

CERTIFIED CORRECT________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths