ORC Offers Details On Major Fines

Published: August 31, 2009 08:23 pm EDT

The Ontario Racing Commission has released details pertaining to the penalties doled out to Kerry and Shirley House, the owners of this year’s Gold Cup & Saucer winner, All The Weapons

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As outlined earlier today, each of the owners were fined $17,343.50 for 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).

Ontario Racing Commission Judges Rick Rier, Pat Webb, Doug Hopkins have offered the following background information which led to the fines that were handed out earlier today:

REASONS FOR DECISION

Facts

The Horse “ALL THE WEAPONS” was claimed at Mohawk Racetrack on July 3, 2009 for $20,000 by owners Kerry and Shirley House of St Jacobs, Ont.

The above horse started in the Gold Cup & Saucer at Charlottetown Driving Park in Prince Edward Island on August 17, 2009 in the Cup trial, finishing first in a dead-heat. Following that, he started in the Gold Cup & Saucer final on August 22, which he also won.

“ALL THE WEAPONS” was still owned by Kerry and Shirley House at the time of the above races in question.

O. R. C. rule 15.09 states; “a claimed horse, regardless of ownership; (a) shall only race 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.”

The last paragraph under rule 15.09 states; “For purposes of this rule, racetracks operated by Woodbine Entertainment Group shall be considered one track…

In dissecting rule 15.09 as it relates to “ALL THE WEAPONS”; 1) the horse had not been nominated to the Gold Cup & Saucer prior to being claimed, 2) as he was claimed at Mohawk (Woodbine Entertainment Group) the track was not closing for more than 30 days, and 3) sixty (60) days from after July 3 would be September 2, the earliest date in which ALL THE WEAPONS could race outside of Ontario.

The policy relating to penalty for a violation of rule 15.09 was revised in December of 2002, following a breach of this rule involving the horse “London Mews M.” The policy up until then had been a fine of 10% of the claiming price. The connections of London Mews N raced the horse twice out of province earning substantially more purse money than what the “10% of the claiming price” policy allowed for.

On the basis that violating rule 15.09 (or any rule) should not generate a profit, the policy relating to penalty was then revised.

The new policy in place has been that the fine for a violation of rule 15.09 will be the greater of 10% of the claiming price per start or, the total purse money earned per start.

The ALL THE WEAPONS incident

We were made aware on August 17, 2009 that the horse All The Weapons was in to race in P.E.I.

On August 17, 2009 at approximately 6 p.m., prior to the horse making his first start in the Gold Cup & Saucer trial, the trainer of ALL THE WEAPONS Ken Oliver, contacted the Judges at Mohawk Racetrack at their request. Rule 15.09 was explained to him at that time. Furthermore, he was also informed of what the policy relating to penalty currently is.

On August 17, 2009 at approximately 7 p.m., trainer of ALL THE WEAPONS Ken Oliver called back to the Mohawk Judges and asked that rule 15.09 be read to him for clarification. Also, the policy relating to penalty was again relayed to him.

The decision was made by the trainer and owners to still race ALL THE WEAPONS in the trial, which he won in a dead-heat earning $4,687 in purse money.

Having seen “ALL THE WEAPONS” in-to-go in the Gold Cup & Saucer final set for August 22, the Judges at Mohawk attempted to contact Ken Oliver on Thursday August 20 by calling his cell phone, his home phone, and we even spoke with Roger, a Charlottetown Judge, and asked him to have Ken Oliver call. No call back was received by us from Ken Oliver and nor did the owners make an effort to contact us for clarification. We did receive a call from Ken Oliver's wife as she wondered about our number coming up on her call display.

Subsequent to those calls being attempted, the Judges at Mohawk called the only number listed under Standardbred Canada for owners Kerry and Shirley House. A message was left on an answering machine also on Thursday August 20.

Further, a call was placed to Ken Oliver’s cell phone on Friday August 21 with no one answering.

On Saturday August 22, the horse ALL THE WEAPONS participated in the Gold Cup & Saucer final, in which he finished first earning $30,000 in purse money. This was his second start outside of Ontario within 60 days.

On Tuesday August 25, the Judges from Mohawk spoke with Shirley House and set up a hearing for Friday August 28 at Mohawk Racetrack. At that time she was advised that her and her husband could bring representation along if they wished.

At 5 p.m. on August 28, Judges Rick Rier, Pat Webb and Doug Hopkins met at Mohawk with owners Kerry and Shirley House, trainer Ken Oliver, and O.H.H.A. representatives Brian Tropea and Darryl MacArthur.

From that hearing it was determined that trainer Ken Oliver did inform the owners, Kerry and Shirley House, of his conversations with the Judges prior to ALL THE WEAPONS making his first start in the trial. They stated that they did not fully understand the policy relating to penalty, but they made no attempt to contact the Judges for clarification. Note again that trainer Ken Oliver did call the Judges back a second time for the exact purpose of clarification.

When asked why the decision was made to still race ALL THE WEAPONS after they had been advised of the rule, and the policy relating to penalty, Shirley House indicated that “ALL THE WEAPONS was just along to keep their other horse Pacific Oak, company. Pacific Oak was to be the better of the two and they believed him to have the best chance. Also, they felt they had committed to the race and that rule 15.09 does not mention penalty.

AGGREVATING FACTORS

Racing ALL THE WEAPONS in both the trial on August 17 and the final on August 22 was an informed and willful violation of the rules of racing in specific to rule 15.09(a). Licensees are obliged to abide by all the rules or, be prepared to accept the consequences. We as Judges find the fact that the decision was made to race the horse after being informed of the rule and policy to be somewhat self-serving and in open defiance of the rule. Further, O.R.C. rule 1.04 states, “Ignorance of the rules will not be accepted as an excuse for their violation.”

We as Judges did not have the power to scratch the horse as he was racing in another jurisdiction however; the information was relayed to Ken Oliver prior to the horse ever racing. By their own admission, they did not expect ALL THE WEAPONS to be a winner in both the trial and the Gold Cup & Saucer final.

There is a need for a specific deterrence when a rule is so openly violated. As in the case with London Mews N, there cannot be a positive cash flow resulting from violating the rules of racing. Notwithstanding that ALL THE WEAPONS won both his starts, earning a total of $34,687 in purse money, the policy in place today is specific to 10% of the claiming price per start or, the total purse money earned, whichever is greater.

Further, by racing ALL THE WEAPONS and knowingly violating rule 15.09(a), they deprived another owner of their entitlement to participate in the Gold Cup & Saucer.

MITIGATING FACTORS

We find these to be limited to perhaps not having a clear understanding of the policy for penalty. That alone however is no excuse for such an open violation. The rule and penalty should not be different just because of where ALL THE WEAPONS finished in his two starts out-of-province. The decision was made to race the horse even after calling the Judges back for clarification.

The policy relating to penalty for violating rule 15.09(a) is not listed in the rule book and perhaps it should be. Still, it was explained twice to the individual with care and control of ALL THE WEAPONS.

Ontario Racing Commission Judges:
Rick Rier, Pat Webb and Doug Hopkins

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