RULING NUMBER COM TB 012/2015

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 2, 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

EURICO ROSA DA SILVA, READE BAKER and BEAR STABLE

Eurico Rosa Da Silva, Reade Baker and Bear Stable appealed Against Ruling Number TB 9230/2015 for interference during the 8^th^ race on June 6, 2015 at Woodbine Racetrack.

Date of Hearing: September 2, 2015

ORC Panel: John W. Macdonald, Commissioner

Counsel for the Appellant: Shale Wagman

Agent for the Administration: David Stewart

Decision:

The Panel denied the appeal but varied the penalty to a 2-day riding suspension.

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

DATED at Toronto this 15^th^ day of September 2015.

Jean Major

Executive Director

ONTARIO RACING COMMISSION

DISCIPLINE 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 EURICO ROSA DA SILVA, READE BAKER and BEAR STABLE:

Held Before:

John Macdonald Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: EURICO ROSA DA SILVA, READE BAKER and BEAR STABLE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 2nd day of September, 2015.

Appearances:

David Stewart,

agent for the Ontario Racing Commission Administration

Shale Wagman for the appellant Da Silva, Baker and Bear Stable

Hearing continued ...

MR. CHAIRMAN: Thank you, gentlemen. I will deal firstly with the last comment on the Section 11.09.01. The key word there is the major contributor. The evidence was that while the 8 horse might have moved in a foot or two that's the most indication. Most of the time there was a pretty straight line so it wasn't a major contributor. The difficulty I had was when Mr. Da Silva started hitting left handed the natural tendency for the horse would seem to be and in this case it did was to move out, the results of which the horse moved out into the path that Mr. Campbell was attempting to go through. Whether it was one and a half or two path lanes there was definitely an interference and Mr. Campbell really had no choice at that stage but to take a hold of his horse and come back so that I am going to leave the disqualification as it has been stated by the stewards as being applicable. I'm a little hesitant on the other because we are talking about athletes, elite athletes and the stewards said that their peripheral vision should be that they would be able to see horses close to them and the indications were that Mr. Campbell's horse was up to the boots of Mr. Da Silva but on the other side Mr. Campbell couldn't say whether Mr. Da Silva saw him there and Mr. Contreras obviously couldn't say. He was up front and he was too busy and Mr. Da Silva in his evidence said he didn't see Mr. Campbell. In my view Mr. Da Silva should have known he was there but I have to accept the evidence of the three jockeys but mindful of Mr. Lindberg saying that he should have been able to see him. All that means is I am going to deny the appeal as far as the 2 horse as far as being disqualified and I am going to vary the penalty because the standard penalty is three days and acknowledging that there is a possibility that he didn't know that Mr. Campbell was there. He should have known but indications were from the jockeys who were there that there may or may not have been the opportunity to know that Mr. Campbell was coming up the inside. The results of which I am going to reduce the three day penalty. It may not be substantial but it is an indication of that's what the evidence was, to two days. So the suspension will be for two days instead of three acknowledging that there was some doubt about that one.

CERTIFIED CORRECT:_____________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths