RULING NUMBER COM SB 004/2016
COMMISSION HEARING TORONTO, ONTARIO – MARCH 16, 2016
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 BY
BOB MCLURE
Date of Hearing: March 16, 2016
John W. Macdonald, Commissioner
Representative for the Appellant: Self-represented
Agent for the Administration: Neil McCoag
Decision: The Panel denied the appeal but varied the penalty to a one day driving suspension, to be served on March 24, 2016.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 29th day of March 2016.
Jean Major
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF BOB MCLURE:
Held Before:
John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BOB MCLURE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of March, 2016.
Appearances:
Neil McCoag,
Agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Thank you all for getting this done very quickly. We are a little behind on what normally would have been done today. I appreciate the fact that there is acknowledgement of the interference. It makes my job a little easier except that I have to look at the penalty now and earlier today we already had Mr. McLure with a three day suspension so he is familiar with suspensions for interference already before we even get to this one. I was concerned initially because there might have been some indication there might have been injury but thanks to the passing lane there and Mr. Dunbar’s reaction to protect his horse and the fact that it has been acknowledged that in the view of the judge involved that it was not intentional and it doesn’t look like it was. Obviously there was interference and there should be some penalty but I’m going to reduce the penalty from a three day driving suspension down to one day in acknowledgement that there was certainly no intention to cause any problem here and from looking at the screen I can’t tell whether driver Mr. McLure knew how close Mr. Dunbar was to him. He should be aware of it. All drivers should be aware of everything that is around them and that’s why I feel there still should be some penalty and I’ll end up with, as I said, giving the one day suspension.
MR. MCCOAG: Thank you, sir.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths