RULING NUMBER COM TB 009/2012
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 28, 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
THOROUGHBRED LICENSEE LAYNE GILIFORTE
On July 10, 2012, the Stewards issued Official Ruling TB 7628 wherein Layne Giliforte (“GILIFORTE”) was issued a $500 fine for a display of gross misconduct and uttering profanities when speaking to an Official of Racing following the running of the fifth race on July 8, 2012, at Fort Erie Racetrack.
On July 15, 2012, GILIFORTE filed a Notice of Appeal, pursuant to Rule 13.17 (b) of the Rules of Thoroughbred Racing.
On August 28, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Brian Newton appeared on behalf of the Administration for the ORC. GILIFORTE attended the hearing and was self represented.
Upon reviewing the evidence, and hearing the testimony of Senior Steward Richard Grubb, reviewing the exhibits filed and considering the closing submissions, the Panel denied the appeal. The penalty is adjusted to $400 due September 8, 2012.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto, Ontario this 11th day of September 2012.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF LAYNE GILIFORTE
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: LAYNE GILIFORTE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 28th day of August, 2012.
Appearances:
Brian Newton,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: The issue is did the appellant Layne Giliforte violate Thoroughbred Rule 16.05(a)(c) and 15.09.01 on July 8th, 2012 at Fort Erie. By his own admission Mr. Giliforte did violate those rules, therefore the appeal is denied but the penalty is varied. The penalty to be assessed is $400.00. The panel took into consideration the mitigating factor of what's going on at Fort Erie today, the difficult situation facing horse people. For greater certainty, this decision should not be seen as a precedent for other licensees in respect to their need to follow the Rules of Racing and show respect to ORC officials. Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oath