The VIEW: Please explain yourself

It seems to me that when a horse travels well inside of 13 consecutive pylons during a stretch drive, passes the horse in front, then comes back onto the track to win a race, he should be disqualified. But on October 28 of last year, three judges – employed by the Ontario Racing Commission – ruled otherwise.

The race went something like this: driver Don McElroy, guiding the race favourite, Dream Well, sat in the pocket for most of the race. Greystone Dylan, the pace-setter, with driver Larry Nickle, carried the field throughout the mile and into the stretch.

From the basic race feed seen by the public, it appeared that McElroy, realizing he had no reasonable way out of second, steered Dream Well to the inside lane to overtake his foe and eventually cross the wire on top. By leaving the course and saving ground, he finished the race first, but to those watching, the result of the subsequent judge’s inquiry was a foregone conclusion: a quick DQ.

What ensued instead was a storm of disgruntled fans and participants stunned by the eventual non-call. Various explanations were discussed and dismissed on industry websites and backstretches, but the consensus remained; it was a travesty. Almost three months later, on January 13, 2009, the Commission reversed the decision, placing Dream Well back and altering the official order of finish. The press release read:

All ORC officials are called upon to make sound, deliberate decisions, based on the Rules of Racing. In some cases, the decisions are vigorously contested as ‘unfair.’ But that is the nature of officiating.

That is why the process of appeal is so important to ensure fairness and soundness of every decision. It is also in keeping with our mandate to protect the integrity of racing in an open and accountable manner.

For the connection of a few horses, the process was fair.

But for those who cumulatively wagered more than $13,000 on the race, for Western Fair (the racetrack caught unfairly in the storm), and for racing fans across the ­country, things were less equitable. Was there a good explanation given as to how that decision could have possibly been reached? No. Did the Commission post the reasons for the non-call on their website the next morning? No. Did they call an emergency meeting to ensure this could never happen again? No.

In Australia, stewards’ inquiries are televised live following the running of a race, complete with jockey interviews, discussion and decisions. In Hong Kong, judges break down every racing incident in remarkable detail, making those details available online. In Ontario, one of North America’s richest racing jurisdictions, you would expect that a judge’s inquiry would result in a detailed written record of decision – every time. You would expect the judge to walk over to the announcer’s booth and explain to the public what happened and why. And you would demand that in cases as controversial as the October 28 P.R. nightmare, Commission press releases and podcasts would be the order of the day to make some attempt to live up to their mantra – ‘to protect the integrity of racing in an open and accountable manner.’

In 2009, transparency is not a dirty word. Everything we do today is out in the open. We share thoughts, decisions and ideas constantly and are no longer content to accept rulings blindly. Seconds after an airplane lands in the Hudson River, viewers around the world are witnessing the story. Immediately after an NFL official views a replay, his explanation is broadcast to millions of viewers.

Today, responses are measured in minutes, not months.

On YouTube, thousands watched the replay of this otherwise non-descript race less than 24 hours after post-time. None of them saw the ORC’s Chief Judge publicly explain his decision - because he never did. Comments poured in, and discussion turned ugly.

As a racing customer, I can get over a call I disagree with. But when your decision takes money from my wallet, I deserve a detailed explanation – every time.

Comments

Even in the NFL after a coach's challenge.A ruling is made after review and the call is explained on the PA system.This makes for a definate understanding,whether agreed or disagreed ,there is an explanation.In this case when the obvious is contradicted ,a verbal explanation for the integrity of the ruling acting authority on this race day,should have been heard publicly.Especially when money is involved by almost everyone who is present for this race.As a horseman myself,I can only hope the industry can grow with improved means for the public to make sense of the rules and decisions of the officials presiding over the races.This incident would be contrary to that belief.

It's possible this mistake happened because the judges dont have 13 fingers.

My thoughts are that when speaking about the general public, not many people are interested in horse racing and because of this the ORC is able to operate with little public scrutiny.

WHERE ARE YOU ORC?

NO COMMENTS?

I thought you guys NEVER made a MISTAKE,at least it seems that way everytime a horseperson is charged with an infraction and goes before an ORC Hearing.Amazing how many times the ORC are always Correct.

Come on ORC Belly up to the bar and give us an explanation for this travesty.Make it visible right here on this blog,don't shuffle it out on some nondescript little memo that for etternity all horsepeople should know how to drive coming up the stretch.

Frank Lester

Thanks Mr. Kaplan for choosing your words guardedly to avoid possible slander lawsuits. The reversal in this fiasco took much too long, and many of the bettors alienated from harness racing in the interim, have surely found alternate means of parting with their hard-earned dollars. Now that this matter has been dealt with, let us address a subject that gets my bloodpressure skyrocketing at the mere mention of it-"The Fair Start Rule." How on earth is it possible for a horse to have received a "Fair Start" when it breaks stride long before the FS pole, and is still off-stride when reaching the FS pole? It never gets addressed due to one solitary fact: TAX DOLLARS!! Refunding the money from various pools also means refunding tax$. As if that will ever change eh? My own pocketbook no longer gets mauled by harness horses, only caressed by thoroughbreds:-)

INCONSISTENT JUDGING STRIKES YET AGAIN! Too bad they cant get days and fines like every other horseperson who does something wrong. But with judging like that do we really know if all the fines/days are really deserved?

WOW! And are we all still wondering why attendance and wagering are down considerably? Yes we can blame the bad economy to a certain extent, however it is decisions like this that drive the betting public away. How do you think the patrons who were holding triactor tickets on the second, third and fourth place finishers feel now that the decision has been overturned? Probably not thinking of returning to Western Fair very soon. We depend on the judges to protect the interests of the betting public and while the changes of the official order of finish makes things right for the horseman, it leaves the betting public out in the cold. It is a sad state of affairs when people believe that they have a better chance of winning money with a slot machine than they do in choosing a winner from 10 (less at B tracks) horses. Decisions like the one made by the judges lend credence to those thoughts. How long will the provence keep supporting purses with slot revenues if the wagering keeps decreasing?? We want to attract people AND keep them COMING BACK to one of the greatest sports in the world. All anyone can ask is that they have a fair shot at winning and that all the rules are enforced to protect the horseman and the bettors.

I do not intend to point out other races where I feel the judges made the wrong decision. That would simply be my opinion and as one voice that does not count for a whole lot. However in this case, there was an obvious violation that took way too long to correct.

Whipping rules, length of races and whatever else the industry is looking at aside, let's start enforcing the rules we have, get people believing that their is integrity in harness racing and they will come back and wager their hard earned money at the track rather than dumping it into a slot machine.

Dear Mr. Kaplan
Finally!!! Thank you! Someone is finally getting to the real crux of the problem here after everyone else has tip toed around. The biggest issue is not the horrific error made by these judges but the cloak and dagger handling of the event by the regulators. I had a nice win ticket on the horse that came second that night. I was very upset and contacted both the ORC and Western Fair regularly thereafter looking for an explanation. I could not even get someone to acknowledge I exist much less return a call or an email. All I wanted was an explanation of how the judges came to this conclusion. I also wanted to know if there was a criminal investigation underway as it seemed very far fetched that the judges could have made this decision because they thought it was the right thing to do. The silence and lack of respect was deafening for me as a fan. I found out how little the industry values me. Since that night I have not wagered $1.00 on a harness race after being a big fan and bettor for more than 35 years and unless the powers that be come out with a complete accounting of the events that respects me as a customer I never will again. I have found that there are many other gambling options available where my patronage is both appreciated and I am treated like a valued customer. I am betting that I am not alone.

its is clear that something needs to be done with the ORC when they can't make a simple call like that. They took Mcelroys word for what they could see wasn't what happened and made fools of themselves, if not our whole industry, as it pertains to integrity. Heads should have rolled over this, it has to be considered like a horseman getting an EPO or class 1 positive, how can they say that they're protecting the public????? VERY CONCERNED

The ORC needs a complete overhaul, they investigated and repremanded the judges in the Georgian Downs Fiasco for following the direction provided by senior management. Why is nothing made public regarding this totally outrageous call? When a driver or trainer makes a mistake it is published for all to see, when a judge is asleep at the switch it is brushed under the rug.

Its enough for me never to bet a Ontario B track again....WOW what a botched call.

Thanks to Standardbred Canada's wonderful digging on this one since posting the race in question...

Darryl, if you're looking another race to try to figure out the final placing, try Windsor Raceway's Sun Feb 1 Race 6...

While the judges got the decision clearly right on the 'pylon vioaltion' on doug mcnair's #5 into the last turn...
...they absolutely CHOKED on the other leg of the inquiry,,,the one where 'glamor driver' Eric Carlson's #1 Joe Mama,the eventual winner, BROKE entering first turn , forcing trailing horse #2 to check,,,AND practically STOPPING the outside #6 horse in his tracks...

PUT THAT VIDEO RACE UP, AND LET US PLAY ANOTHER GAME of emailers 'you be the judge!!!

*for the record,,I think the judging box altered the final video print that we see now (on horseplayer interactive)...cutting to the far turn camera, instead of leaving up the general race shot from finish line camera you normally get with Windsor raceway.
My suggestion is that had it had been left the way it orignally rolled, you would have witnessed the veer out of #1, totally eliminating #6's chances.

I think there'd be lots of reaction.

jctoronto.

As a racing customer, my two biggest problems have always been poor judging and too high pari-mutuel takeout. Forget about whipping, integrity, 7/8 mile racing, they pale in comparison. The London decision certainly rates as ONE of the worst decisions that I have ever seen. Why are judges not held accountable? If a driver or trainer make a mistake, they are fined and/or suspended. If I get a wrong ticket, I have no recourse, I am out the money. If a seller makes a mistake, they are deducted from their pay-cheque. I have never read where a judge was fined or suspended for screwing up, other than the Anderlecht qualifying fiasco. Mike Wassilyn was suspended 60 days on a questionable call. What should the penalty be for judges that had the use of video replay, driver's statements, and most importantly, time, and still make such a bad decision? I am still upset over a call made Dec. 29 at Woodbine in race #3, where Stonebridge Leader went inside of 3 consecutive pylons near the 1/4 pole, and was ruled to be inside of only one and let stand the winner. I need other commenters or even you, Mr. Kaplan, to check out the replay, and give your opinion.

Bravo for sure. It's about time that someone spoke out about this. Taking three months to make a call while fans everywhere are making fun of harness racing should make the ORC hang its head in shame. This is not 1990 when no one hears about decisions. They happen in real time now and it is about time organizations like the ORC come to realize this.

Very well written report ... I totally agree there should be a recount of inquiries to let the betting public know the facts.

with the plyon rule being such a HOT TOPIC remember this ... if there was still a hubrail in place Don McElroy would not of been able to do what he did the horse would of fallen over the rail.

The plyons were only brought in for SAFTY reasons and if your wheels are off the course without being pushed over you should be set back .... NO " oh he was only inside ONE or TWO " the old hubrail would not be as forgiving as PLYONS ARE so lets not abuse the system and the BETTING PUBLIC.

aah the power of the press--you speak for all of us who cannot understand why the O.R.C. judges are not held accountable publicly as we in the business are--if we get a fine or suspension- its on the standardbred canada website instantly--guilty or not -its long overdue for the o.r.c. to fess up --if not do we have to take our complaints to theIR BOSSES--THE CONSUMERS AND COROPORATE AFFAIRS DEPARTMENT of the government--i guess we do--sadly.

For what it is worth i called the ORC the very next day after this happened and asked to speak to somebody about this issue they put me right thru to one of the judges that made this call. We talked for a good 20 minutes about this and he did try to explain to me why this call was made. I did not agree with this call but at least i will give him credit for talking to me . What i do not understand is why everybody did not question this at the time. There should be a forum for the bettors to question this publicly and immediately when something like this happens in the future.

Thanks Sonny

Shame on ORC judges. We have such great Horses such as The Beach and Dewey who come along and add so much to racing and then we have judges who can't or don't or won't make a sound decision.

I agree totally that when there is a problem on the racetrack that the public is informed of why the officials made the call they did. We are in the 2000s, not the '50s when officials were beyond reproach. It is time that racing commissions get properly qualified officials so that problems such as this are handled correctly and promptly.

This incident was mind blowing in it's total lack of respect for the betting public or the rules that are in place to protect the betting public. I have been around this sport for a very long time and I can say with certainty that I cannot recall an incident that was so blatant and absolutely wrong. Hopefully some good will emerge from the debris and fall-out. To those people with tickets rendered useless, I hope they come back to the sport.

Thank you Mr. Kaplan.

It is about time articles like this are printed. It is fine for us mal contents to reply back to articles, anonymously, but it is nice to see this in your magazine. It is clear that there are some issue in racing these days and need to be addressed. My interpretation of the pylon rule is very clear, I wonder why it is so hard for the judges, who have video review, can't make heads or tales of it? Riddle me this, if a driver is not to remove his feet from the stirrups and keep two hands in the handholds or on each line at all times when this rule is passed, how do they pop the earplugs and work the swedish blinds? Clarity and transparency, a little more thought should go behind some of the rules and regulations. This would sure make life easier for everyone involved.

I would like to know if the senior judge was reprimanded. That would only seem fair.

This is one of the most intelligent discussions of the incident. My question however is, when a licensed member makes an error in racing, especially when it takes from or costs the public money, they are penalized. When is the flagrant errors like this,and the judges who made them going to be penalized? Everyone makes mistakes and there are consequences to be faced when they are made in this industry but if the integrity of the sport is number one in the minds of the ORC then they need to look no farther. Its time they fessed up as well. There are more and more GOOD horsemen and women getting out of the business because of stuff like this. Its time to stop the bleeding and put a more permanent Band Aid on the wound. ORC please fess up.

It,s to bad some bettor is not taken the ORC to court. The ORC has to be put in place. People are betting their hard earned money on these races and money is being burned with these unreasonable, untimely decisions. You would think that the ORC would punish their own for this foolish decision.

BRAVO !!! Well done Darryl.... you have just spoken for thousands of customers !

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