RULING NUMBER COM SB 014/2015

COMMISSION HEARING TORONTO, ONTARIO – JULY 8, 2015

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING

OF RANDY WAPLES

Randy Waples, licence # H41395, appealed Ruling Number SB 46634, wherein he was fined $200 for violation of Rule 22.03 (j) (vii) of the Rules of Standardbred Racing.

Date of Hearing: July 8, 2015

ORC Panel: John W. Macdonald, Commissioner

Representative for the Appellant: Self represented

Agent for the Administration: Neil McCoag

Decision:

The Panel denied the appeal and upheld the ruling of the Judges.

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

DATED at Toronto this 14^th day of July 2015.

Jean Major

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 RANDY WAPLES:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RANDY WAPLES, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 8th day of July, 2015.

Appearances:

Neil McCoag,

Agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: The evidence was it would appear that the 8 horse driven by Mr. Waples started maybe a little farther back than he needed to be when the horses were called that you were in a bit of a handicap to try to make up the difference. Even getting after the horse it was a little late to do it, it would appear. He did well actually leaving then. He got away 6^th and one horse made a break and another one didn’t move off the gate terribly well so the horse was in a decent position so that helped it up getting placed 2^nd and not losing by very much but I have to look at it by the public perception and my job here is not just to see that the horsemen are treated fairly but what the public looks at when they come to a race and a horse, whether it is a horse making a break which is obviously one of the most difficult things for a bettor to understand half the time and I appreciate Mr. Waples concern about pushing a horse too much and forcing a break.

These are all three year olds so there may be more indication there but other than the one qualifier where it made a break we don’t see that here but this is also the first time the horse it would appear, at least under the program that we have, that he made a break and that was a qualifier. Anyway the public perception wins here and I think that the image is the horse didn’t get up to the gate. He was too far off whether it was two and a half and at one stage it was three or four lengths off. He did make up a little bit of ground but it was just too far back. So I’m going to deny the appeal and leave the fine as is. Thank you.

MR. MCCOAG: Thank you, sir.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths