RULING NUMBER COM TB 021/2013

COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 21, 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 OMAR MORENO

Omar Moreno appealed against Ruling Number TB 8330/2013.

Date of Hearing: November 21, 2013

ORC Panel Member: Commissioner John W. Macdonald

Representative for the Appellant: Lorne Spearman, Jockey’s Agent

Agent for the Administration: Tom Miller

The Panel dismissed the appeal. The 3-day riding suspension will be served November 27 to 30, 2013, inclusive.

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

DATED at Toronto, Ontario, this 25th day of November 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 OMAR MORENO:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: OMAR MORENO, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of November, 2013.

Appearances:

Lorne Spearman, Jockey’s Agent

Tom Miller, agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: I thank you for you comments, Mr. Spearman. We have the difficulty here that the Judges, although, Steward Grubb noticed that there was something with the binoculars but nobody else in the stand had noticed that and it was only after they had a combination of the objection by Campbell and the review of the race but it was too late at that stage to put in the inquiry. Steward Grubb said that if they had noticed it there would have been an inquiry and I think a change. So that's a problem. Mr. Campbell not objecting was a problem because it didn't give the stewards the opportunity to have a look at it and make a decision. That's difficult but then we look at all the other trainers, riders and Mr. Campbell noted that when he was talking about the video that one jockey on his right turned his head. You could see that on the video. Obviously he saw something happen. So we can't just lay it all on Mr. Campbell. He had a frustrating day he indicated so he did finally say something. The difficulty is that when we got down to it all Mr. Moreno is the one that had to pay the penalty and there was a three day suspension and the suspension, if it had been noted as to what happened earlier, all that would mean is that the suspension would have been given earlier before having the opportunity to examine the video closely and to know what Mr. Campbell had objected to. So the offence did take place and that was clear there and the good thing is that nobody got hurt which clipping heels like that in a thoroughbred race the horse could go down and ultimate factor is others also probably could have been involved. In any event I am going to deny the appeal. The suspension I gather is pretty standard, a three day riding suspension. It is too late to do anything about the official results as that already has been done. So the only question then for Moreno is the initial decision mentioned the days in October that he had. Is there anything, Mr. Miller, on the date as far as the timing goes?

MR. MILLER: I'll let Mr. Grubb speak to that since he is more aware of the thoroughbred side.

MR. CHAIRMAN: I'm taking it that those days in October they were either stayed or ...

MR. MILLER: Yes.

CERTIFIED CORRECT:_______________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths