On Thursday the Ontario Racing Commission released rulings in regard to a pair of appeals from horsepeople Giles Gendron and Angie Matthews
.
Gendron was appealing a $500 fine and a three-day driving suspension handed to him due to a violation of Standardbred Rule 22.23.01 (a), (use of whip in a blatant or exaggerated manner). The penalties were imposed for a third offence within a year of the first offence and within 750 drives of the first offence.
Upon hearing the allegations against Gendron and upon reading the exhibits filed, and upon hearing the submissions of counsel for the administration, the commission ordered as follows:
- (i) The appeal is denied.
- (ii) The fine of $500 is upheld.
- (iii) The suspension of three days is upheld (Gendron can race any horses he has entered into race or is programmed to drive before his penalty takes effect).
- (iv) A further penalty of $1,500 is imposed, pursuant to the Racing Commission Act.
To view an official copy of the ORC ruling, click here.
In regard to Matthews, she was the owner of standardbred racehorse JR Falcons Fury which last raced at Flamboro Downs on November 20, 2008. The horse died on January 19, 2009, at Grand Valley, Ontario.
On July 20, 2009, a hearing was held by the track judges at Grand River Raceway. Matthews was found to be in violation of Standardbred Rule 6.47.02 (a) and (b), failure to notify of death of horse.
The judges considered the following mitigating factors:
- No previous discipline for any offence of this nature. Record shows driving violations only.
- No intent to commit the violation.
- Violation occurred while under duress.
- Cooperated fully with investigator.
- Did make admission to error.
- No financial gain.
- No effect upon outcome of a purse or a race.
The judges imposed a penalty of $500. Matthews appealed the decision. Matthews was represented by Darryl R. MacArthur of the Ontario Harness Horse Association. The administration was represented by Anthony Williams, counsel. This matter was the subject of settlement discussions and a resolution agreement in advance of the hearing of the appeal.
In view of the tragic circumstances surrounding the death of the horse, the fact that Matthews did report the death, albeit not in conformance with the rules, her relatively modest level of industry involvement and her financial situation, the resolution agreement was as follows:
- (i) appeal restricted to penalty only
- (ii) fine of $500 is upheld
- (iii) $300 of the fine to be subject to a stay
On November 10, 2009, the matter was heard before a panel of the ORC, consisting of chair Rod Seiling. By prior agreement, neither Matthews nor MacArthur was in attendance. Anthony Williams appeared as counsel for the administration.
The order of the Panel was as follows:
- Penalty of $500 upheld.
- $300 of the $500 subject to a stay for a period of one year.
The transcript with the panel’s oral decision can be read in the official ruling.
(With files from the ORC)