On Friday, December 19, the Ontario Racing Commission announced its decision on an appeal by Bert Smith in regard to the expelling of guests in a restricted area of an association.
The appeal hearing took place on December 16. In its notice of decision, the ORC stated that its ‘Administration bore the burden of proof on a balance of probabilities to demonstrate that the Ruling was fair and reasonable in the circumstances, by evidence that was clear, cogent and compelling. The cumulative impact of all of the evidence did not meet this standard of proof.’
“My wife and I are very pleased with the decision of the panel,” Smith has told Trot Insider. “I would like to thank the panel for giving evidence that they are prepared to apply the rules of racing to all evenly, fairly and reasonably.”
An excerpt from the ORC ruling – which can be viewed in its entirety by clicking here – appears below.
THE ISSUES
Question:
• Do horse racing judges have the power and authority to expel guests found in restricted areas, if such guests are properly signed in by participant licensees?
Answer:
• Yes
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The power and authority of the judges to expel such guests is found in the combined operation of Rules 3.07.02 (b), 3.07.03 and 32.02 (c) of the Rules of Standardbred Racing.
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If the combined operation of these Rules is found not to apply, the power and authority of the judges to expel such guests is found in Rule 1.09 of the Rules of Standardbred Racing.
Question:
• Was the issuance of Ruling Number SB 46609 on October 23, 2014, prohibiting Bert Smith from entering the restricted areas of an association, fair and reasonable in the circumstances?
Answer:
• No
The Administration bore the burden of proof on a balance of probabilities to demonstrate that the Ruling was fair and reasonable in the circumstances, by evidence that was clear, cogent and compelling.
The cumulative impact of all of the evidence did not meet this standard of proof.
Decision:
• The appeal was allowed.
The Reasons for Decision of the Panel will follow.