RULING NUMBER COM SB 043/2012
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 LICENSEES PAUL MACLEAN AND RENE LAARMAN
On September 1, 2012, the Judges issued Standardbred Official Ruling SB44939 wherein the horse "Ima Nuisance" was placed from 4th to 7th in violation of SB Rule 18.02.02 (c) for leaving the racecourse by going inside the pylons when not forced to do so and did gain an unfair advantage over the other horses in race 9 on August 22, 2012, at Sudbury Downs.
On September 1, 2012, Paul MacLean ("MacLean") 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. MacLean appeared in person and was unrepresented.
After reviewing the evidence and hearing the testimony of MacLean and Judge Chuck Fraleigh and upon considering closing submissions, the Panel denied the appeal and the placing will stand.
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
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF PAUL MACLEAN/RENE LAARMAN
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: PAUL MACLEAN/RENE LAARMAN, 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 Paul MacLean violate SB rule 18.08.02. 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 did gain an advantage and violated rule 18.08.02. The video of the race clearly shows the horse inside at least seven pilons. The testimony of Judge Fraleigh plus the video, on the balance of probabilities, supports the rule violation.
This appeal truly presents a dilemma. Driver MacLean did all he could do but in the end the ORC must rule on what is in the public interest of racing. That means disallowing the appeal. Public announcements will not suffice and satisfy the public relating to allowing a horse to race inside the pilons as clearly has been demonstrated in the Western Fair issue. The placing remains as per the Judges ruling. Thank you.
MR. MILLER: Thank you.
MR. MACLEAN: Thank you very much.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths