RULING NUMBER COM TB 015/2013

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 KIRK JOHNSON

Kirk Johnson (“Johnson“) appealed against Ruling Number TB 8272/13.

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. Johnson’s suspension will be on September 29, October 1 and 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 KIRK JOHNSON:

Held Before:

Rod Seiling Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: KIRK JOHNSON, 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 the decision. The appellant Kirk Johnson admitted violating Thoroughbred Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03, 11.09.04, 11.09.05, 11.12 and 11.14 on June 2, 2013 at Fort Erie in the 6th race. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. The standard of proof is on the balance of probabilities with the onus of proof on the Administration of the ORC. Based on the evidence it is reasonable to conclude the need to maintain, at this time, the minimum penalty for interference at 3 days and the appeal should not succeed as consistency in penalties is an important function, as per former Vice Chair Donnelly has previously written. Based on the standard penalty guidelines as issued by the stewards the penalty is not varied and remains at three days. Thank you.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths