ORC Announces Five Rulings

Published: May 11, 2011 01:39 pm EDT

On Wednesday, May 11, the Ontario Racing Commission released its rulings in regard to appeals by Rene Allard, Sandy Jones and James Marchment, Nick Steward and Martin O’Toole, and Justin Turcotte.

The first ruling in regard to Allard states that on March 15, 2011 Allard appealed Judges’ Ruling SB43193, dated March 5, 2011, wherein he was fined $200 for being late to the paddock with the horse Home Run Hitter for Race 9 at Flamboro Downs on March 5, 2011, in violation of Rule 26.12 of the Rules of Standardbred Racing.

On May 5, 2011, a panel of the Ontario Racing Commission consisting of chair Rod Seiling, convened to hear the appeal. Rick Rier appeared as agent for the Administration. Allard attended the hearing in person and was unrepresented.

Upon hearing the testimony of judge John Dorion, upon reviewing the exhibits filed, and upon hearing the submissions of Rier and Allard, the panel dismissed the appeal. A transcript of the panel’s oral decision can be read here.

The second ruling in regard to Allard states that on March 15, 2011 Allard appealed Judges’ Ruling SB43192, dated March 5, 2011, wherein he was fined $300 for being late for lasix administration with the horse Sos Master Plan for Race 7 at Flamboro Downs on March 5, 2011, in violation of Rule 35.07.07 of the Rules of Standardbred Racing.

On May 5, 2011, a panel of the Ontario Racing Commission consisting of chair Rod Seiling, convened to hear the appeal. Rick Rier appeared as agent for the administration. Allard attended the hearing in person and was unrepresented.

Upon hearing the testimony of judge John Dorion, upon reviewing the exhibits filed, and upon hearing the submissions of Rier and Allard, the panel dismissed the appeal. A transcript of the panel’s oral decision can be read here.

In regard to Sandy Jones and James Marchment, on March 27, 2011, standardbred driver Sandy Jones and trainer James Marchment jointly appealed Judges’ Ruling SB 43402, dated March 27, 2011, wherein Jones was suspended for three days (March 29 to 31, inclusive) for causing interference before the half in Race 6 on March 17, 2011 at Rideau Carleton Raceway, in violation of Rule 22.05.01 (a) of the Rules of Standardbred Racing.

Marchment appealed the subsequent placing of the horse Abundaspin from third to fifth under Rule 22.09.

On May 5, 2011, a panel of the Ontario Racing Commission consisting of chair Rod Seiling convened to hear the appeal. Rick Rier appeared as agent for the administration. Jones and Marchment attended the hearing in person and were unrepresented.

Upon hearing the testimony of judge Mike Weber, driver Guy Gagnon, and starter Jamie Fiolek, upon reviewing the exhibits filed and, upon hearing the submissions of Rier and Marchment, the panel dismissed the appeal. Jones will now serve his driving suspension on May 8 to 10, 2011 inclusive. A transcript of the panel’s oral decision can be read here.

In regard to Nick Steward and Martin O’Toole, on March 30, 2011, Standardbred driver Nick Steward and owner Martin O’Toole jointly appealed Judges’ Ruling SB 43521 dated March 30, 2011, wherein Steward was fined $300 for leaving the course and going inside a pylon and gaining an advantage in Race 12, on March 28, 2011, at Western Fair Raceway, in violation of Rule 18.08.02 of the Rules of Standardbred Racing.

Also appealed was Judges’ Ruling SB 43522, the placing of the horse Justalittleluck from first to fourth, under Rule 22.09.

On May 5, 2011, a panel of the Ontario Racing Commission consisting of chair Rod Seiling, convened to hear the appeal. Rick Rier appeared as agent for the administration. Steward attended the hearing in person and was represented by Brian Tropea.

Upon hearing the testimony of judge Wes Coke, and driver Nick Steward, upon reviewing the exhibits filed and, upon hearing the submissions of Rier and Tropea, the panel dismissed both appeals. A transcript of the panel’s oral decision can be read here.

In regard to Justin Turcotte, on March 25, 2011, standardbred driver Justin Turcotte appealed the deputy director’s Ruling SB 45/2011, wherein he was fined $1,000 and fully suspended for three days (March 27 to 29 inclusive) for failure to attend a hearing pursuant to a Summons to a Witness.

On May 5, 2011, a panel of the Ontario Racing Commission consisting of chair Rod Seiling, convened to hear the appeal. Rick Rier appeared as agent for the administration. Turcotte attended the hearing in person and was unrepresented.

Upon hearing the submissions of Rier and Turcotte, the panel dismissed the appeal but varied the penalty. Turcotte will now serve his full suspension on May 8 to 10 inclusive, and his fine is reduced to $750. A transcript of the panel’s oral decision can be read here.

(With files from the ORC)

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