RULING NUMBER COM TB 025/2012
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 19, 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 DAVID GARCIA
On October 28, 2012, the Stewards issued Thoroughbred Official Ruling TB 7892/12 wherein David Garcia (“Garcia”) was suspended from riding for 10 days and placed from 5th to 8th for violation of TB Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03, 11.09.05 and 11.14, causing interference during the stretch run in race 4 on October 27, 2012, at Woodbine Racetrack.
On October 30, 2012, Garcia filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.
On December 19, 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. Garcia failed to appear at the prescribed time for the hearing.
Garcia’s appeal is hereby dismissed and Garcia’s failure to appear is to be dealt with by the Administration. Garcia shall serve his 10-day riding suspension at the beginning of the upcoming 2013 racing season.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 21st day of December 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 DAVID GARCIA
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DAVID GARCIA, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 19th day of December, 2012.
Appearances:
Tom Miller, agent for the Ontario Racing Commission Administration
Hearing commenced ...
MR. CHAIRMAN: Some housekeeping. The disclosure book we will put it in as Exhibit 1 and I will dismiss Mr. Garcia's appeal as the appellant did not attend and with no advanced notice and his action is referred to the Administration for any appropriate action.
MR. MILLER: Okay, and I'm just going to confirm so once again the ten days riding suspension will be served when the thoroughbred season starts back up?
MR. CHAIRMAN: The stewards will act on it as appropriate.
MR. MILLER: Thank you. That will be held until that time.
MR. CHAIRMAN: Yes.
MR. MILLER: And we thank Mr. Pizarro and Mr. Grubb.
MR. CHAIRMAN: I thank both of you for coming and I apologize for the poor manners of Mr. Garcia. Merry Christmas to both of you. Thank you.
CERTIFIED CORRECT________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths