RULING NUMBER COM TB 015/2015

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 7, 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 MIKE DOYLE AND DAVID MORAN

Mike Doyle (“Doyle”) and David Moran (“Moran”) appealed against Ruling Number TB 9286/2015 issued against Moran wherein he was suspended for 3 racing days and his horse, INPERSON finished 3^rd and was placed 9^th in the 6^th race at Woodbine Racetrack on June 27, 2015.

Date of Hearing: October 7, 2015

ORC Panel: Sandra Meyrick, Commissioner

Representative for the Appellants: Self-represented

Agent for the Administration: Neil McCoag

Decision:

The appeal is upheld in part.

(i) Doyle’s appeal is denied. The disqualification of the horse from 3^rd position to 9^th is upheld.

(ii) Moran’s appeal of his 3-day suspension is allowed.

and further

(iii) Tyler Pizzaro is fined $500, payable forthwith, for failing to appear as a witness although duly served with a summons.

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

DATED at Toronto this 22^nd day of October 2015.

______________________________

Jean Major

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED 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 MIKE DOYLE and DAVID MORAN:

Held Before:

Sandra Meyrick Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MIKE DOYLE and DAVID MORAN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 7th day of October, 2015.

Appearances:

Neil McCoag,

Agent for the Ontario Racing Commission Administration

Hearing continued ...

MADAME CHAIR: Okay, so the Moran appeal we are going to uphold that appeal in part. The finding of interference by INPERSON as against FIRST DANCE on a balance of probabilities will be upheld but the appeal on the three day suspension will also be upheld and Moran will not be suspended from racing.

MR. MCCOAG: Will not be?

MADAME CHAIR: Will not be. The evidence upon which the panel relies is the video film from the backstretch at Woodbine at the 6^th race June 27^th, 2015. The film does show David Moran on horse INPERSON moving in on the rail at the turn interfering with the horse FIRST DANCE ridden by Tyler Pizarro. The Doyle appeal is therefore denied. The disqualification from 3^rd position to be placed to 9^th will be upheld. Tyler Pizarro although duly served with a summons to witness has failed to appear and has not provided any reason for not appearing today. According to the thoroughbred rules, in fact Rule 13.17.02, we have the authority to fine Mr. Pizarro for not attending and we will do so and the fine will be $500.00 payable forthwith and I thank you very much. This was a difficult hearing for me. There is some deference we have to pay to the judges in these situations who have much more experience in witnessing the tapes and viewing the tapes and witnessing these races than do the panel members and we thank you very much for your evidence and for your efforts and we wish the very best in the rest of the season. Thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths