Notice of Decision
RULING NUMBER COM TB 010/2015
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 2, 2015
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 PAUL BUTTIGIEG
Paul Buttigieg appealed against Ruling Number TB 9254/2015 issued against him on June 21, 2015.
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.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 15th 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 PAUL BUTTIGIEG:
Held Before:
John Macdonald Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: PAUL BUTTIGIEG, 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 Paul Buttigieg
Hearing continued ...
MR. CHAIRMAN: Thank you, gentlemen. It is acknowledged, as Mr. Wagman just said, that there was a slow start. We all understand that. We know there is a stumble. You can see that. Mr. Garcia did take a hold of his horse. It wasn't a hundred percent clear but that happened and yes, I agree that there seemed to be also pressure from the 5 horse. It is not shown to me that there was a clipping of heels, although, one jockey thought there was and the other one wasn't sure but you can't blame Mr. Moran for that because he was in front at that stage or far enough in front that he wouldn't have noticed it. The one thing that is not clear to me is, as Mr. Wagman said, there was a clear path that was taken. The indications are and Mr. Moran acknowledged that, that there was a path. It was removed from the 3 horse and that's what results in a disqualification and a disqualification can happen at any part of the race and to make a bald statement that it shouldn't happen at the beginning of races is incorrect. It can happen anytime in a race. The difficulty here is that you had green horses and there was pressure from the 5. The disqualification was, in the opinion of the stewards, something that happened early and the path did not seem to be totally clear. Following those assumptions I am going to deny the appeal because there was enough interference to show what happened there. That didn't necessary affect the total outcome of the race but there was a disqualification at the start and that picture that is on the screen now shows what happened. The 4 horse is going into the area of the 3 horse. Thank you, gentlemen. The appeal will be denied.
MR. WAGMAN: Thank you, sir.
MR. STEWART: Thank you.
CERTIFIED CORRECT:______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths