RULING NUMBER COM TB 013/2014
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 15, 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 ANANTRAM (SUNNY) SINGH
Anantram (Sunny) Singh, licence # 106524, appealed against Ruling Number TB 8449/13.
Date of Hearing: October 15, 2014
ORC Panel: John W. Macdonald, Commissioner
Representative for the Appellant: Robert King, Jr. Secretary Manager Jockeys’ Benefit Association
Counsel for the Administration: Angela Holland
The Panel accepted an Agreed Statement of Facts and Joint Submission on Disposition.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 16th day of October 2014.
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 ANATRAM (SUNNY) SINGH:
Held Before:
John Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ANATRAM SINGH, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 15th day of October, 2014.
Appearances:
Angela Holland, for the Ontario Racing Commission Administration
Robert King, agent for Singh
Ontario Racing Commission
Commission des courses de l’Ontario
Suite 400 10 Carlson Court Toronto, Ontario M9W 6L2 Tel 416 213-0520 Fax 416 213-7827
Bureau 400 10 Carlson Court Toronto (Ontario) M9W 6L2 Tél 416 213-0520 Téléc 416 213-7827
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. 2000, C.20
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
ANATRAM (SUNNY) SINGH
AGREED STATEMENT OF FACTS
The licensee and Counsel for the Administration of the Ontario Racing Commission (the “ORC”) agree to the following facts:
Anatram Sunny Singh (SINGH), ORC License Number 106524, is licensed as a Jockey/ Exercise Person.
On November 9, 2013, the Stewards issued Ruling TB 8373/2013, which suspended SINGH, pending the completing of an Ontario Racing Commission (“ORC”) investigation with respect to an electrical goading device located in SINGH’s jacket in the jockey’s quarters at a licensed race track.
On November 20, 2013, SINGH filed a Notice of Appeal with respect to Ruling TB 8373/2013 and requested a stay of penalty.
On November 22, 2013, the Deputy Director, issued Ruling Number TB ADMIN 46/2013, denying SINGH’s request for a stay.
On December 1, and 4, 2013, a Steward’s Hearing was convened. On December 11, 2013, the Stewards issued Ruling Number TB 8449/13, suspending SINGH for 10 years, from December 11, 2013 to December 11, 2023, and denying access privileges to all Ontario race track Association grounds during the period of his suspension, pursuant to Rules 9.27.03 and 15.09.01 of the Rules of Thoroughbred Racing.
On December 20, 2013, SINGH filed a Notice of Appeal, with respect to Ruling Number TB 8449/13 and requested a stay.
On January 8, 2014, the Deputy Director issued Ruling Number TB ADMIN 1/2014, denying SINGH’s request for a stay.
On March 11, 2014, a Notice of Hearing was issued, scheduling a Hearing for May 21, 2014.
On May 12, 2014, a request for adjournment was granted and the appeal adjourned sine die.
On August 5, 2014, the Executive Director issued Ruling Number COM TB 010/2014, adjourning the matter until October 15, 2014.
On September 25, a Notice of Hearing was issued, scheduling a Hearing for October 23, 2014.
Joint Recommendation With Respect to Penalty
- The ORC Administration and SINGH jointly submit for the Panel’s consideration that the following disposition is appropriate in these circumstances:
a. SINGH breached Rules 9.27.03 and 15.09.01 of the Rules of Thoroughbred Racing;
b. SINGH is suspended for a period of five (5) years;
c. Three (3) years of the suspension shall be subject of an immediate stay;
d. SINGH shall serve a two (2) year suspension less time already served;
e. SINGH’s suspension shall end on November 8, 2015;
f. SINGH may reapply for a license on November 9, 2015;
g. SINGH is placed on probation for two (2) years (November 9, 2015 to November 8, 2017) with the following conditions:
i. SINGH shall keep the peace and be of good behaviour;
ii. Should SINGH be responsible for another offence related to possession of an electrical goading or other prohibited device, the stay of his three (3) year suspension shall automatically expire and shall be invoked immediately; and
iii. SINGH may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Stewards for any breach of the terms of his license.
Dated at Toronto, Ontario, this 15th day of October, 2014.
Original signed by A.Singh
Anatram (Sunny) Singh
Dated at Toronto, Ontario, this 15th day of October, 2014.
Original signed by Angela Holland
Angela Holland
Counsel
ORC Administration
Hearing continued ...
MR. CHAIRMAN: The order based on the Agreed Statement of Facts provided to the court reporter will go on the basis of the joint recommendation with respect to the penalty set out in paragraph 12 of the Agreed Statement of Facts. Anything else, counsel?
MS. HOLLAND: Thank you, sir.
MR. KING: Thank you, sir.
MR. CHAIRMAN: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths