On August 18, 2008, the judges at Mohawk Racetrack issued Standardbred Official Ruling SB 38287 to Won The West with a penalty of 'finished second, placed fourth' for violating

Rule 18.08.02 of the Rules for the following reasons:

• did go inside two consecutive pylons during the stretch drive, and
• was lapped on by #1 ‘Western Shore’ and #2 ‘Eagle Luck’ in Race 7, August 16/08

Ronald E. Parsons, trainer of the horse Won The West, appealed Standardbred Official Ruling SB 38287 to the Ontario Racing Industry Board of Appeal.

The Board of Appeal allowed Parsons' appeal.

Gregg McNair, trainer of the horse Eagle Luck, Frank J. Dettore, owner of the horse Eagle Luck, Ronald C. Michelon, Brittany Farms, Ervin Miller Stable Inc., and Riverview Farms, co-owners of the horse Western Shore, appealed against the decision of the Board of Appeal.

On March 24, 2009, a Panel of the Ontario Racing Commission, comprised of chair
Rod Seiling, vice chair James Donnelly, and commissioner Brenda Walker, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. Robert Burgess and James
Geis appeared as counsel for Michelon, Brittany, Ervin and Riverview. Gerald Sternberg appeared as counsel for McNair and Dettore. Larry Todd appeared as counsel for Parsons.

Upon hearing the testimony of senior judge Michael Brown, assistant manager of racing
Michael Wilson, ORC licensed driver Mark MacDonald, and ORC licensed driver Greg
Grismore, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel allowed the appeal as follows:

• i) The order of finish reverts as posted by the judges…Western Shore, finished
  third, placed second, Eagle Luck, finished fourth, placed third and Won The
  West, finished second, placed fourth;
• ii) Purse monies, driver and trainers’ fees are to be distributed accordingly.

To view a copy of the ruling, which also contains the panel's reasons for decision, click here.

(With files from the ORC)