The Ontario Racing Commission has ruled on the appeal and request for hearing of Kerry and Shirley House. The appeal was filed after the owners were both fined $17,343.50 after racing a horse outside of province within
60 days of claim.
The horse in question was no run of the mill horse.
The Houses had claimed All The Weapons at Mohawk Racetrack on July 3, 2009. The horse then raced in a Gold Cup & Saucer trial on August 17 at the Charlottetown Driving Park, thus violating ORC rule 15:09a, which stipulates:
15.09. A claimed horse, regard less of ownership:
(a) shall race only at a track or tracks in the Province of Ontario for the next 60 days, except where such a horse had been nominated to participate in an added money event before it was claimed, or unless the track where the horse was claimed is closing for more than 30 days. If the track where the horse was claimed closes for more than 30 days, the horse is released from the requirements of 15.09 (a).
All The Weapons would go on to win the Gold Cup & Saucer August 22 at CDP.
In its ruling, the ORC fined the Houses each $17,343.50. The combined sum worked out to $34,687, the same amount of purses earned by All The Weapons in winning the trial and final of the Gold Cup & Saucer.
In regard to the appeal, the ORC ruled that:
- i) The penalty provision is clear for a violation of 15.09 (a), it is 10% of the claiming price or 100% of the purse for each race, whichever is greater.
- ii) The appeal is denied but the penalty is varied. Kerry House’s fine is set at $8,671.75. Shirley House’s fine is set at the same amount, $8,671.75.
To view the ORC ruling in its entirety, which includes reasons for decision, click here.
(With files from the ORC)
The problem isn't with the
The problem isn't with the betting public or the other horses in the Gold Cup & Saucer, the problem is with the rules with claiming horses within Ontario, itself.
ORC and Woodbine is wondering why the amount of claims on horses is going down, look at the rule itself and you'll find out. You can not race out of Ontario within 60 days of the claim, which is crap. Once you claim a horse, the owner(s) should be able to race them, wherever and whenever they want to, following the claiming pricing guidelines.
The fact is, the Houses knew they had a horse that could win the Gold Cup & Saucer, and they did so. They did it knowing in advance the rule, and yes, they do deserved to be fined for it. Saying that, they also brought this rule into the spotlight, a rule that really in today's horse racing world must be changed.
At least the bettors weren't
At least the bettors weren't penalized this time
I'm sure the ORC will
I'm sure the ORC will redistribute the money the same way they redistibuted the purse monies ordered paid back in the Michelle's Power positive. We still haven't seen that money and its been 2 years
Another MONEY GRAB by ORC.
Another MONEY GRAB by ORC. They apply rules whatever way they like. Great way to promote harness racing and encourage new owners to become involved in the industry, NOT!!! When this happened a few years ago they only applied the 10% penalty as that horse only won a smaller portion ot purse but when the Houses horse won the Gold Cup and Saucer the ORC's GREED KICKED IN and they tried to take the full purse until people started complaining nad the House people appealed.But being MONEY GRABBERS as the OSC are they couldn't come to reduce the fine to 10% and kept 50% instead
So by doing this they are
So by doing this they are allowing the rule to be broken. Does the ORC have no backbone? Make a rule and stick to it one e way or another. So next year how do they stop it from happening again
against ALL rules and
against ALL rules and regulations , we see that the judges ruling was Subjective rather than Objective..And they dare ask why they continue to get themselves in HOT WATER!!!
It's no wonder that the betting public have no idea what goes on with rulings.
These owners circumvented the system on purpose and were able to get their fine reduced by 50%!!!
This is a Tragedy!
This latest ruling by the
This latest ruling by the ORC is beyond belief. With full knowledge of the consequences and the benefit of being forewarned, the licencees chose to violate the rules anyway. Given these facts and no mitigating circumstances, the ORC disregarded their own rule and reduced the penalty by fifty percent.
Back in September, this same ORC was unable to move away from the letter of the law in the disqualification of Angostura. In that case Trevor Ritchie inadvertently violated the new whipping rule. (I'm sure we all remember the circumstances). In that situation the horse was placed last and missed a chance at a huge payday a week later. The letter of the law was applied - no room for argument.
Now we find out the letter of the law is not always followed. It seems odd that the penalty was reduced in a situation where the rules were deliberately ignored yet fully applied in a situation where the breaking of the rules was the result of a brain cramp. I think the ORC is even further out to lunch than usual on this one.
Of course the ORC will
Of course the ORC will redistibute the funds confiscated from the House's to the first 5 finishers in the Cup And saucer, right??!!