RULING NUMBER COM SB 018/2015

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 MICHAEL WHELAN AND MELVILLE GILES

Michael Whelan (“Whelan”), licence # R90903 and Melville Giles, licence # J15022 appealed Ruling Number SB 46523 issued against Whelan for violation of Rule 22.05.01 (a) & (h) 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 decision of the Judges. The three days driving suspension are assigned as July 9, 10 and 11, 2015.

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

DATED at Toronto this 14th 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 MICHAEL WHELAN and MELVILLE GILES:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MICHAEL WHELAN and MELVILLE GILES, 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: I’ve listened to all the evidence and we have seen the video enough. It’s a tough call but as the witnesses indicated it’s a split second decision as to whether you go in or out. It wasn’t like someone went from the one path to the three path. I can see that, it was sort of a jam up. My first view of this when I looked at it before it looked like Mr. Byron on the front end, the 6 horse, slowed down but then when I see the fractions there really wasn’t that much of a change. It’s tough but I see where Mr. Whelan was faced with the decision as to when he goes out and that’s the tough call but he did go out and there was, while it wasn’t a serious hooking fortunately, there was no damage or injury to anyone but it did unfortunately change the outcome of the race. As far as Mr. McClure was concerned they could see an interference break. The judges had the opportunity to see all this and their decision was unanimous. So I am going to deny the appeal and leave the decision as is and it is tough because the rules say the offending horse gets placed behind the horse that made the break. So that’s the position so that it ends up finishing behind the horse which made the break that was caused by Mr. Whelan’s horse. Therefore the placing is going to stay the same and the suspension will stay the same, three days. Any further questions?

MR. MCCOAG: There were two elements to this appeal. One was the placing of the horse.

MR. CHAIRMAN: The placing and the other one was the suspension.

MR. MCCOAG: So the appeal was denied so the placing remains. There as a three day penalty assessed for Mr. Whelan.

MR. CHAIRMAN: I said the suspension stays.

MR. MCCOAG: The suspension stands?

MR. CHAIRMAN: Yes.

MR. MCCOAG: Thank you.

MR. CHAIRMAN: The matter is terminated. Thank you, gentlemen.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths