ORC Rules On Jamieson, McNair Whipping Appeals

The Ontario Racing Commission today released rulings in regard to the appeals of whipping violations by drivers Jody Jamieson and Doug McNair

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Jamieson was appealing a $1,000 fine and 10-day driving suspension for violating ORC Rule 22.22 on August 20, 2009 at Georgian Downs while aboard Lucky Terror. The instance was the sixth time Jamieson had violated the rule in the 2009 racing season.

The ORC panel which heard Jamieson's December 30, 2009 appeal denied the appeal and confirmed the penalty imposed by the judges.

The panel’s reason for decision can be read in the official ORC ruling, which can be viewed here.

McNair was appealing a $500 fine and five-day driving suspension for violating ORC Rule 22.22 on August 16, 2009 at Mohawk Racetrack while aboard OK Commander. The instance was the fifth time McNair had violated the rule in the 2009 racing season.

The ORC panel which heard McNair's December 30, 2009 appeal denied the appeal and increased the penalty from what was handed down by the judges. McNair was not present at the December 30 appeal.

The ORC panel denied McNair's appeal and ruled that:

  • i) The penalty is varied from a five-day suspension and $500 fine to a seven-day suspension and a $1,000 fine;
  • ii) McNair is assessed a $1,500 fine for a frivolous appeal.

The panel’s reason for decision can be read in the official ORC ruling, which can be viewed here.

(With files from the ORC)

Comments

It's funny how you get 6 infractions and no suspension til after the record for wins is broken. I'm in shock that you can get away with breaking the rules and still drive all over southern ontario to break a record. You wouldn;t get away with this in the real world. Maybe if the Meadowlands drivers came here for 1 year he would have taken the suspensions when they happened because the win totals would only be 10% of what he won.

The lines are definitely flopping a lot more than they used to. I'm not sure that this was the intended outcome of the new whipping rule. ORC; time to revisit, for so many reasons.

The other morning I just happened to have the T.V. on the racing channel and the Meadowland replay's were on. Racing down the Stretch the Drivers were giving their all with the odd one hander and teaming the horse's right to the wire. It really gave me the impression that The Drivers were TRYING to win the race for not only the Owner but for THE BETTOR. Watching the Woodbine Races it looks to me that the Drivers are Hand Cuffed and are NOT TRYING. I feel as long as the ORC and the Bleeding Hearts in Racing continue with this Stupid Rule that your bet will continue to dwindle . The last thing you want is THE BETTOR thinking that they are not getting a fair shot. Compared to The Meadowland's Drivers , Woodbine Drivers look like Robots.

C.Renon The only thing that can be said about Jody, Doug and Trevor is that they are guilty of doing all they can to win every race they are in!Isn't that what this sport is all about? As for the other non violating drivers that are mentioned on here aren't you wondering alot of the times as i am if they have done all they can to win!Yet they are put up on pedalstals when maybe they are the guilty ones!AS the drivers at Yonkers were tlod " you are racing for big money and are expected to go after it aggressively"

Bravo to the judges. I stopped going to racetracks several years ago when my children whom I took on occasion complained about how the drivers were beating the horses with their whips. Never occured to me in all the years I went to tracks, I thought it was part of the game but times change, there's a new generation out there and most of them are offended by the cruelty some of these animals have to live with. But like many athletes, all they think about is themselves and the glory. Rules are rules. If I drive 70 mph in a 30mph zone and get caught, I pay a fine. Grow up Jody, Doug and all the others out there. Times cahnge, people change, it's time you start listening to what management thinks is best for the game.

You wonder why this business is in the turmoil its in and wonder why bettors are staying home. Mr seiling blames it on the horsemen and tracks. Here is a prime example. Jody is one of the best drivers in the business. He smashes the single season wins record and then the ORC slaps something like this on him. Jody drives to win and is agressive in doing so. Shame on him for doing his job. Yet another wonderful call by the POWERS TO BE

Jody has the guts to show up and defend his position. It is clear he respects the process and isn't a coward by dropping the appeal. While he may be wrong in the eyes of the O.R.C he made a valid point. After watching the replay it I agree with what Jody was trying to express to tha panel. Clearly he will take his punishment and move on with his life. By standing up and being accountable for his actions and by that he earned my respect and would not hesitate to use him as a driver on any of my horses because I know he has the best interest of the industry at heart.

After reading the judgement and explanation on Mr. McNair I thought it would be best to watch the replay of the night in question. I am not sure what is more comical, the blatant violation of the rule or the fact that he had the audacity to appeal the ruling. The close-up as the horses reach the last 1/8th of mile clearly shows McNair breaking the rule which is embarrassing to say the least. The diappointing situation to me is that the O.R.C had to waste the time and resources to prepare an appeal for which McNair was obviously going to drop anyways. I am sure he will take his suspension now that the lucrative stakes season is done and there is limited B-track racing for him to make money. I continuously read comments on how the O.R.C is "sleeping at the wheel" or how they are destroying the industry with poorly formulated rule changes. McNair has 11 violations in less than 2 years. It is drivers like Doug who make it easy to justify the rule changes. My questions are, "Does he know the rules? Can he read? Where is the mentoring for young drivers in the industry?" Sadly, how can we expect him respect the sport if the he has no respect for the body that governs it.

Hmmmmmmm let me see 6 Violations in 5000 drives, thats less than .001 percent, I have yet to hear or see acomplaint from a owner or he has not been brought before the ORC or a commision vet..........everything in perspective

Jamieson mentioned in his latest interview that he cannot figure why there are owners/trainers to this day that have not used his services.Perhaps the fact that he has violated the whipping rule six times in 2009 has something to do with it.

In reply to by truckinted

Well Mr Decker all I can say is that I know Mr Jamieson very well I have a lot of respect for the man and I know darn well that you are wrong to say that he is a bad driver because of 6 violations. You do realize there are 12 months in a year and to be brutally honest with you there are much worse than that out there. However I have enough respect For those people not to mention any names.

Secondly Jody Jamieson is a damn good driver and a man that would own up to his mistakes and tell you if he feels he has driven badly. I also know for a fact that the man would not brutilize a horse for the sake Of winning a race. He has more respect for this business than that so I also cannot figure out why there aren't more people using Mr. Jamieson as a driver!!!!

And if I had a say in the matter I for one would be putting Mr Jamieson on every animal in my barn because I know that if he doesn't feel the horse has enough power to win that night he will sit and do as well as he can do without Taking next weeks Race out of the animal!!!

In reply to by Homeboy88

Mr Long

No where in my comment did I say that Jody was a bad driver. I read his article in the paper as well as I listened to his interview while watching the Score on Monday night.He was the person who mentioned that he was bewildered as to why some people have not used his services. He obviously is driving for many people or how would he have won as many races as he did last year?

I merely suggested that perhaps the violations of the whipping rule that he sustained last year played some part in the decisions of those who ultimately name whom drives their horses. There have been some prominent horsemen/women who have been supporters of the new rule that perhaps would not utilize Jody's services based solely on his past violations. It's your right to use whomever you wish to drive for you as it is for all participants.

In reply to by truckinted

Correct however as I pointed out 6 Violations in as many Races as he Participated in last year is not something to be worried about for instance look at Mr McNiar how Many has he had in a Span Of 17 Months however you single Out Mr Jamison for his 6 Violations and yes I do agree with some Parts of this new Whipping rule but then again theres some things I don't Agree with and that is The Placing rule however not the point The point is there are many worse Drivers out there so there is no Reason to Single out Mr Jamison For his statement end of Story!!

In reply to by Homeboy88

This could go back and forth forever. He is a professional being well paid.The rules are for everyone and if you abuse them then you deal with the circumstances.
You say that 6 violations is nothing to "worry" about.I doubt if everyone in the sport feels as you do. No one singled out Mr Jamieson, but only responded to an ORC ruling.
You say there are worse drivers out there. Are you referring only to whipping violations? I would suggest that over the course of 2009 there were many seasoned drivers that had no violations of the whipping rule since it went into effect. Since Jody had 6 and Mr McNair more than that do you put them in the "worse" catagory? Believe it or not there are many very good drivers in Canada, and not only on the WEG circuit. I never was in agreement with the new rule when it was brought in but realize that it must be respected until such a time it changes. I doubt either driver had no whipping viloations prior to the new rule. Abide by the rules or lobby to change them.

In reply to by truckinted

Yeah There Were many Seasoned Drivers that Didn't have any and then you Look at Billy O Jason Brewer Phil Hudon Rick Zeron just to name a Few and yeah I mention those Drivers But I still have alot Of Respect for the Talent They have but 6 Violations in 5000 Starts yeah That is nothing to worry about when you get to be like Trevor henry where hes had how many and hes a "seasoned" driver to say the Least however again has alot of Talent however its the young guys that I worry About when Doug McNiar gets as many as he did at the age of 20 theres something to Worry about and I now agree with Brenda Walker When she Told me That maybe we should take the whips away From the young guys that Like to use them for if you did that maybe they would learn to Drive a little better then they do now and they would gain alot more Drives in the end cause they wouldn't use it so Much Jody however Drives with alot Of Passion and you for one Should know by now that the horse Industry isn't a Job its a life Style you wake up and Do the Same thing Everyday And Try to make a name and make money at but then people Start nailing you to the all for Statments you make like you have done With Mr Jamison

In reply to by truckinted

Perhaps he has violated the rule multiple times this year, I am sure Mr. Jamieson is attempting a protest, and making it very obvious this is a rule that is sending such negetive ripples across the board from horsemen to fans. This rule has created enough contraversy to bury the entire industry, by placing doubts in the minds of the betting public. I have been around racing for 20+ years and there has already been doubt in peoples mind about the fairness of betting - I wish I got a dime for every person that has ever asked me if racing is fixed. Adding to this, the element of a driver seemingly not trying their hardest to urge a horse to the wire.
These questions in people's minds are exactly what people can not have when spending their hard earned cash.
Mr. Jamieson is probably like many of the people in horse racing, fearful of its future. This is Jody's livelyhood, and I feel there is no one more deserving of honourable mention for his recent achievments. The industry needs a JJ to be a public figure, to mix n mingle, someone people feel they can trust. Jody could be the guy. The ORC is chasing the fans/bettors loyalty. How much loyalty is the ORC really and truly entitled to after creating such a ridiculous rule. We all know what a horse beater looks like - we all know what horsemen look like, it should have been left as "excessive use" and the judges are to decide what is excessive, and fine/suspend the hell out of those repeat offenders.
Instead we will waste time, spend money, and get no where - except maybe further behind, oh well at least PETA won't be knockin'.
Drop the rule - admit it was a mistake and lets get moving forward - not sit and spin our wheels. ORC - truly you must ask yourselves; what positive effects have come from this rule and how has it improved the state of racing as it is viewed by the general public?? You continue to spend time and money trying to ridicule one of the most visible people this industry has. How about pitching in and helping an industry that needs you more now than it ever has - or soon you like Jody will be out of a job.

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