On Monday, October 4, the Ontario Racing Commission released rulings in regard to horsemen John Kovacs, Jay Polifroni and Kelly Sheppard
.
In regard to John Kovacs, on July 26, 2010, ORC judges issued Standardbred Ruling SB 34244 wherein Kovacs was given a three-day driving suspension -- August 3, 4, and 5, 2010 -- for violation of ORC Rule 22.05.01(a) while driving Mr Invincible in Race 6 at Woodstock Raceway on July 24, 2010. Mr Invincible finished first and was placed second.
On July 30, 2010, Kovacs filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On September 29, 2010, a panel of the ORC, comprised of commissioner John Macdonald, convened for the purpose of hearing the matter.
Craig Walker appeared on behalf of the ORC administration. Kovacs attended the hearing and was self represented.
After reviewing the evidence, hearing the testimony of judge David Stewart and driver Douglas McNair, and upon considering the closing submissions, the panel denied the appeal and gave oral reasons for its decision.
The ORC ruled that Kovacs will therefore be suspended on September 30, October 1 and 2, 2010.
In regard to Jay Polifroni, he appealed Ruling SB 41967, dated July 10, 2010, wherein he was suspended for 45 days, fined $1,000 and put on probation for a period of two years for violating Rules 6.20(b), 6.20(c), 22.23.03(e), 22.3.05 and 26.02.01 of the Rules of Standardbred Racing, for maltreatment of the horse Tricky Prospect.
On September 16, 2010, an ORC panel consisting of chair Rod Seiling, commissioner David Gorman and commissioner Brenda Walker, was convened to hear the appeal.
Angela Holland appeared as counsel for the administration. Polifroni attended the hearing, and James Evans appeared as Polifroni's counsel.
Upon hearing the testimony of associate judge Troy Rossignol, Phil Belanger, Isabelle Darveau, Pascal Berube, Jim Stewart, Dion McLean and Polifroni, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the administration and counsel for Polifroni, the panel denied the appeal, but varied the penalty. The penalty was varied as follows:
- i. The suspension is increased to 90 days, with 60 days stayed, accordingly Polifroni is suspended for 30 days (October 3, 2010 – November 2, 2010);
- ii. The fine is increased to $1,500;
- iii. Polifroni must enrol in a recognized anger management program approved by the Judges at Sudbury Downs;
- iv. Polifroni will be on probation for two years (November 3, 2010 – November 3, 2012), subject to the normal terms and conditions. If during the probation period Polifroni violates any rule related to whipping a horse, or to the health and welfare of a horse, the stay will automatically expire.
The panel’s reasons for decision can be viewed by clicking here.
In regard to Kelly Sheppard, on July 12, 2010, the judges issued SB Ruling 42232 wherein there was a non-placing of the horse Plato the seventh race on July 12, 2010 at Mohawk Racetrack pursuant to Rules 18.08.02 and 22.09 of the Rules of Standardbred Racing.
The judges ruled that there were no violations of the pylon rule in the stretch drive consequently there were no placings and the race was declared official.
On July 14, 2010, Sheppard appealed the non-decision of a panel of standardbred judges pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On August 16, 2010, an ORC panel comprised of chair Rod Seiling, convened for the purpose of hearing the matter.
Brian Newton appeared on behalf of the ORC administration. Sheppard appeared and was self-represented.
After reviewing the evidence and hearing the testimony of associate judge Jeff Minler, the panel requested an adjournment until September 29, 2010, allowing Sheppard time to review the 'Won The West' decision and interpretation of the pylon rule.
On September 20, 2010, the ORC received a notice from Sheppard that he would not be tendering any new evidence. As a result, the panel denied the appeal.
The original order of finish remains as follows:
1) PLATO
2) WHATABOUT TOM
3) IMPERIAL COUNT
4) CALIPARI
5) BIG STRIKE
6) PUT YOUR DUKES UP
7) WINDSUN TUDOR
8) FULL FORCE
The panel’s reasons for decision can be viewed by clicking here.
(With files from the ORC)