RULING NUMBER COM TB 019/2013

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 19, 2013

NOTICE OF DECISION

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF THE APPEAL OF STEVEN BAHEN

Steven Bahen appealed against Ruling Number TB 8122/13.

Date of Hearing: September 19, 2013

ORC Panel Members: Chair Rod Seiling

Representative for Appellant: Self- represented

Agent for the Administration: Gunnar Lindberg

The Panel denied the appeal and varied the penalty to four racing days suspension to be served on September 27, 28, 29 and October 2, 2013.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.

DATED at Toronto, Ontario, this day 23^rd day of September 2013.

______________________________

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF STEVEN BAHEN:

Held Before:

Rod Seiling Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: STEVEN BAHEN, 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 September, 2013.

Appearances:

Gunnar Lindberg,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: I'm ready for a decision. The appellant Steven Bahen admitted to violating Thoroughbred Rules 9.14.01, 9.14.02, 9.14.03, 11.09.01, 11.09.03, 11.02.05, 11.24 and 12.14. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. 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 Steven Bahen did not try to correct his mount. The video of the race confirms Mr. Bahen used his left hand to hit the horse causing it to move out and to cause the interference. The testimony of Steward Grubb, on the balance of probabilities, is reasonable and supports the above findings. Based on the ORC standard the penalty assessed by the stewards is varied and set at four days. The panel took into consideration the aggravating factors of Bahen created the issue whipping his horse left handed and did not try to correct, knowing the other horse was there. This ends the hearing.

CERTIFIED CORRECT:______________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths