RULING NUMBER COM SB 020/2015
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 9, 2015
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEALS AND REQUEST FOR HEARING OF
MARIO BAILLARGEON and BENOIT BAILLARGEON
Mario Baillargeon, licence # C52526 and Benoit Baillargeon, licence # C39259, appealed Rulings Number SB 45998 and SB 45999, issued on July 14, 2015, for violation of Rule 22.05.01 (a) of the Rules of Standardbred Racing, in the 4th race at Georgian Downs on July 12, 2015.
Date of Hearing: September 9, 2015
ORC Panel: Anthony Williams, Vice Chair
Representative for the Appellants: Self-represented
Agent for the Administration: Craig Walker
Decision:
The Panel denied the appeals.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 22nd 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 STANDARDBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MARIO BAILLARGEON and BENOIT BAILLARGEON:
Held Before:
Anthony Williams Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MARIO BAILLARGEON and BENOIT BAILLARGEON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of September, 2015.
Appearances:
Craig Walker, agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Please be seated. I am now required to deliver a ruling in relation to the two appeals before the Ontario Racing Commission. I wish to thank the appellants as well as the Administration for a clean crisp presentation. The race was held on Sunday, July 12th, 2015 at Georgian Downs Raceway in Barrie. Nine Standardbred racehorses competed in race number four a one mile trot. The race was the Ontario Sires Stake second gold division, a race for two year old fillies for a purse of $52,000. The horses engaged in this proceeding were horse number 1 with red saddle cloth, SILKY FLASHY AND FAST driven by Mario Baillargeon, trainer Benoit Baillargeon. Horse number 4 the green saddle cloth ONE TOO MANY was driven and trained by Anthony MacDonald. The race completed in one minute 58.2 seconds. The winner was horse number 1, in second horse number 4. There was an inquiry following the race, an objection by number 4 against 1. There were three judges, senior judge William Maertens in the control adjudication room, associates judges Jeff Minler and Al Stiff. The judges spoke with both drivers and reviewed the film. The result, 1 which finished first was placed 2nd for causing interference to 4. Driver of 1 was directed to attend on Tuesday, July 14th, 2015 for a film review and hearing. Three judges presided, senior judge Douglas Hopkins, associate judges Minler and Stiff. Following the hearing two Standardbred official rulings were released. They are set out at page 3 of the disclosure book in the senior judge’s report and further at pages 7 and 8 within the disclosure book. Standardbred official ruling SB 45998 was made on July 14th in relation to a violation of Ontario Racing Commission Rule 22.09 which states as follows in the ruling. “In the opinion of the judges the horse SILKY FLASHY AND FAST driven by Mario Baillargeon did cause interference in the stretch to number 4 ONE TOO MANY driven by Anthony MacDonald. SILKY FLASHY AND FAST finished 1st and was placed 2nd behind ONE TOO MANY. The incident took place at Georgian Downs on July 12th, 2015 in race four” and a notation “gave verbal intent to appeal”. Standardbred official ruling SB 45999 was issued in relation to Mario Baillargeon, a three day driving suspension in relation to the violation of Ontario Racing Commission rule 22.05.01(a). The quotation, “when driving SILKY FLASHY AND FAST in race number 4 at Georgian Downs on July 12, 2015 did change course or position in the stretch and did cause driver Anthony MacDonald to change course and take his horse back. SILKY FLASHY AND FAST finished 1st and was placed 2nd as per rule 22.09 and gave verbal intent to appeal.” The penalties in relation to the two appeals were stayed on July 23rd and a notice of hearing was issued on August 18th. A short while ago we canvassed the rules of engagement in relation to the proceeding. This is a hearing de novo so that the burden of proof is upon the proponent, in this case the Administration, to prove the case on a balance of probabilities in relation to both rulings. The test being was it more likely than not that events occurred as claimed and the evidence must be clear, cogent and compelling. The Commission has the power to uphold the original rulings, to rescind or wipe out the rulings or modify or increase any penalty imposed. The two rules that govern are 22.05.01 and 29.09. 22.05.01 creates the offence alleged. Driver shall not commit any of the following acts which are considered violations of driving rules and then thirteen different varieties follow. The first is (a) and I quote “change course or position during any part of the race in such a manner as to cause another driver to change course or to take his horse back. If there is a violation of 22.05.01.(a) the judges have the discretion to place the horse back under 29.09. It is not mandatory. It states, in the case of interference or violation of any rules the offending horse may, and that’s the discretionary component, be placed back one or more positions. If a horse is set back it must be placed behind the horse with which it interfered. The evidence in this proceeding has been presented through Exhibit number 1 the disclosure book which contains fifteen pages, including a disc which is part of the record of all shots of the race