RULING NUMBER COM TB 009/2014

COMMISSION HEARING TORONTO, ONTARIO – JULY 30, 2014

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL OF PATRICK HUSBANDS

Patrick Husbands, licence number 119669, appealed against Ruling Number TB 8627/2014.

Date of Hearing: July 30, 2014

ORC Panel Member: Commissioner Sandra Meyrick

Counsel for Appellant: Dan McMahon

Representative for the Administration: Neil McCoag

The Panel denied the appeal.

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

DATED at Toronto this day 31st day of July 2014.

Rob M Kinney

Acting 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 PATRICK HUSBANDS:

Held Before:

Sandra Meyrick Chairperson

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: PATRICK HUSBANDS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 30th day of July, 2014.

Appearances:

Neil McCoag,

agent for the Ontario Racing Commission Administration

Dan McMahon,

for the licensee Patrick Husbands

Hearing continued ...

MADAME CHAIR: Please be seated. Okay, so this is an appeal by Patrick Husbands of ruling number TB 8627/2014 issued against him on may 24th, 2014 wherein he was suspended for three racing dates for violation of Rule 9 and 11 and various subsections thereof of the Rules of Thoroughbred Racing. Viva Voce evidence has been provided by Steward William McMahon, jockey Justin Stein, jockey Juan Crawford and jockey Patrick Husbands. The panel has also had the benefit of video replay of the race and various notes made contemporaneously with the stewards investigation the day after race day. The panel is satisfied on a balance of probabilities that jockey Patrick Husbands did cause interference with the two inside horses ridden by Stein and Crawford in breach of Rule 11.07 and Rule 11.09.01 of the Rules of Thoroughbred Racing. The panel finds that jockey Patrick Husbands has not provided satisfactory evidence to justify a reduction of or to eliminate the standard penalty of three days suspension. The appeal is denied. Now when do you want these days?

MR. MCCOAG: If we could, the original days were Friday, Saturday, Sunday and as a matter of practice we usually try and use the same days as the original penalty. I think we would be looking at 8th, 9th and 10th and that does not preclude Mr. Husbands if there is a stake race that he wishes to ride for requesting an exemption from the stewards to ride the stake and taking another day if that is to his benefit.

MADAME CHAIR: Would you like us to set the dates or do you want to work that through?

MR. HUSBANDS: What day do they fall on?

MR. MCMAHON: Friday the 8th, Saturday the 9th and Sunday the 10th.

MR. MCCOAG: They have already drawn this weekend already.

MR. HUSBANDS: I have no choice. I go with the flow.

MR. MCMAHON: I guess 8, 9 and 10 knowing that in the event there is an important stake that he can take an extra day and ride that stake.

MADAME CHAIR: I think that's understood.

MR. MCCOAG: That is allowed within our rules and that is acceptable.

MADAME CHAIR: Okay, thank you.

MR. MCMAHON: Thank you.

CERTIFIED CORRECT: ______________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths