The Ontario Racing Commission today announced that it has denied an appeal from horseman Dan Clements regarding a July 27, 2009 race at Grand River Raceway
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Clements was aboard PL Dangerous during the fourth race on the Grand River card.
Clements' mount broke stride and the ORC ruled that the charge was placed from second to seventh for making a break in stride in the first turn and violating the following rules: 22.27(c) did fail to continuously lose ground while on a break; 18.08.02 did leave the course and the action gave the horse an unfair advantage over other horses in the race and the action helped the horse improve its position in the race; 22.05.01(b) did impede the progress of other horses in the race and the action caused them to break from their gait.
The ORC panel dismissed Clements’ appeal as follows:
- Although obliged to do so by Rule 22.27(a) Clements failed to ‘take the horse to the inside where clearance existed’.
- Although obliged to do so by Rule 22.27(c) Clements failed to ‘continuously lose ground while on the break’.
- Clements was in breach of Rule 22.05.01 by ‘impeding the progress of another horse’.
- By leaving the race course by going inside four consecutive pylons, Clements was in violation of Rule 18.08.02.
- With substantial issue in balance the burden of proof on the Administration is on a balance of probability with an evidential burden of cogent evidence both clear and compelling. In the view of the Panel that burden has been met.
The panel’s reasons for decision can be read in the official ruling here.
(With files from the ORC)