RULING NUMBER COM SB 048/2013
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 GERRY BELANGER
Gerry Belanger appealed against Ruling Number SB 44990.
Date of Hearing: November 21, 2013
ORC Panel Member: Commissioner John W. Macdonald
Representative for the Appellant: Self-represented
Agent for the Administration: Tom Miller
The Panel dismissed the appeal and upheld the decision of the Judges. The 3-day driving suspension will be served November 25, 26 & 27, 2013, inclusive.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto, Ontario, this 26th day of November 2013.
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF STANDARDBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF GERRY BELANGER:
Held Before:
John Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GERRY BELANGER, 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:
Tom Miller,
agent for the Ontario Racing Commission Administration
Hearing continued...
MR. CHAIRMAN: Thank you. Gentlemen, I have listened to the testimony and looked at the video I do agree with you, Mr. Belanger, that there was, and everyone who testified agreed that there was, no contact. The problem was that when you moved out; I know you are saying that you felt that Mr. Turcotte's horse was on one line but that wasn't totally obvious on the video. If he was it was very small. What happened though is when you decided to come out. It looked in tactics that he was waiting for you to come out and when you didn't he started to then move and got up beside you and then you moved out and the video and the testimony makes it clear that you forced him three wide. It is a good thing that he did go three wide otherwise there would have been contact, from what I can see. So notwithstanding that the tactics, as you pointed out, may have been such that he would like to have followed you but you hadn't moved early enough so he couldn't do that so he moved out and you did force him three wide. So I have to agree with the Administration that there was forcing of a change of course of Mr. Turcotte's horse therefore I'm going to deny your appeal. The suspension of the three days and the placing from 1st to 3rd will stay as decided by the Judges. Thank you.
CERTIFIED CORRECT:______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths