Appeal Date For Western Fair Race Set

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Published: January 8, 2009 12:50 pm EST

The appeal from a much-discussed race that transpired last October at Western Fair Raceway will be one of several appeals heard on

Tuesday, January 13 at Ontario Racing Commission offices.

Trot Insider first posted the story involving a horse racing inside the pylons the for a good portion of the final quarter, crossing the wire first after coming back onto the track and ORC judges leaving up that horse as the winner.

The video of the race, which was our most viewed video of 2008 not involving Somebeachsomewhere, can be viewed below.

The following day, ORC executive director / CEO John Blakney told Trot Insider that more than one appeal was filed after the race.

In a release posted on its website today, the ORC issued the following notice:


Ontario Racing Industry Board of Appeal to review Judges’ rulings of October 28 Western Fair race

The Judges ruling of a race at Western Fair last October is one of the appeals being heard next week by the Ontario Racing Industry Board of Appeal. The appeals are scheduled to be heard Tuesday, January 13, 2009 commencing at 9:30 a.m. in the Hearing Room of the Ontario Racing Commission (ORC).The ORC is taking steps to publicize this information due to extraordinary interest expressed in the results of the race.

In Race 12 at Western Fair on October 28, 2008, the ORC Judges determined that horse DREAM WELL would not be placed, as the horse had been forced into the safety lane by GREYSTONE DYLAN. This decision was subsequently appealed.

The Ontario Racing Industry Board of Appeal is an independent body which plays an integral role in the system of fairness and due process available to all licensees under the Rules of Racing and the Racing Commission Act, 2000. Established in 1970, the Standardbred Board of Appeal is made of individuals with knowledge of horse racing, familiarity with the Rules of Racing, as well as sound judgment and decision-making skills.

All decisions from the Board of Appeal can subsequently be appealed further to a panel of the Commission.


(with files from the ORC)

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Comments

So the ORC Board of Appeal has finally made a decision. Their ruling reads "Although pressure was caused by the outside horse Greystone Dylan driven by Larry Nickle, that pressure was not the primary cause for Dream Well leaving the race surface". What race were they watching? Greystone Dylan cut out the entire mile and at no time was on the outside of Dream Well. Also, the order of placing now has 2 horses finishing 7th and 2 horses finishing 8th. They have had 2 1/2 months to straighten this thing out and they still can't get it right. This proves what we are dealing with at the ORC.

ANONYMOUS

Kind of hard to fathom how they came to the decision they did. That's a story that I'd like to see reported upon.

Has anyone ever looked into what kind of formal education is required to be a judge? In today's world, you need at least a high school diploma just to put a nut on a wheel on an assembly line. These guys are responsible for billions of dollars in wagering.

I agree totally with most of the comments posted. These judges need to be held accountable like most of us horseman.

Cut and dried.

At mid-turn, the driver lets go with his left hand and grabs the reins outside the handholds. This causes the horse to duck down under the pylons completely out of control of the driver (one more example of why these pylons, as opposed to the old hub rail, save the lives of drivers and horses alike - but I guess I'm dating myself).

Pause the video at 2:04 of 2:58. This picture says it all. It is ridiculous how this horse could be allowed to stand as the winner.

Things happen. Horses break, they have broken equipment, they get interfered with by a horse that finishes behind them. That's all horse racing. Being allowed to 'shorten' the mile is not horse racing. I'm sure it's better than having the horse choke down and cause other troubles and if that was the case then the driver should have his chance to clear his name from the infraction. But to allow this horse to win...... that is ludicrous.

I found the right cure after that race and the judges making such a bad decision. I walked out of WFR immediatley, never to return to horse races again. I was stressed out after losing a great sum of money on that particular race, due to the judges decision. The money I use to spend at the track wagering, I now use THAT MONEY to go on trips and let me tell you it is STRESS FREE. Tip back a few cold ones.. then sitting on the beach, WOW the scenery is great, couldn't be better, you will never see it at a race track!!!!!! THANK YOU JUDGES, YOUR MISTAKE MY MY GAIN!!!!!(I'M PROBABLY THE ONLY ONE TO THANK YOU.) I HOPE YOU ARE THE ONES STRESSED OUT NOW!!!!!!

as a kid going to the track ,if i had a good ticket (odds)on a horse who placed second and there was a inquiry on the winner,i would think the 1st horse is a dead favorite ,the judges would never send him back, the fans wouldn't like that.that was my thinking when i was 12 i guess this judges must be 12 too

A Freedom of Information Act request should be able to get the names of the 3 judges involved in this if anyone is interested in pursuing it.
There is a serious problem with the ORC not being transparent.

This should not even have to be taken to TO for a hearing they have computers there to just the same as every one else just hit replay once that's all you need to see even if your drunk this was a crime.The horse that was stole from the winning purse pay them out of the judges that made this call.If we are late at test barn or paddock or someone medicates in error we pay. What's the difference.Don has been a good driver for years all this negative publicity could have been avoided buy saying what should have been done what was right that night DQ me. Fasten Your Seat Belts this one will be talked about for awhile.

Well, I have seen the replay many of times and do feel the horse was forced off the track. If the horse got back on the track no one would be questioning the suspension of the offending driver and that is not the issue.

The question is what happens to a horse who if forced off the course and continues to race on the inside? I initially thought the way the judges did, but then after seeing the rule in Ontario, it was clear the horse should have come down. I am not a judge, I can make a mistake; a judge does not have that discretion to make a mistake like this.

I think judges should have to take an annual exam to make sure they know the racing rules and apply them correctly.

In reply to by Anonymous (not verified)

the horse did not get forced off the track clearly the driver could not hold the horse any longer his arms were done it was his choice to take the horse to the inside.The horse cutting it was only beat a lenght its not like he stopped.These judges names should put on this website for all to see just like someone who has got a positive.I have followed the guidelines and made many postes 8 or 9 only 2 have been used and sentences of others .I found nothing offencive in my bloggs why were they not printed why are my views being surpressed.

I have watched this race 5 times what did larry nickel do wrong to get 3 days suspension?

Not even the police are above the law why should these judges go unpunished.

I have been going to the horse races all my life and I am now a senior citzen. I was also raised in a family owning standardbred horses and I myself was an owner at one time. I can honestly say I have never before been so turned off of horse racing to the point I never want to return after these judges gave their decision leaving Dream Well the winner. It was the most dishonest judging I have seen in all my life and probably all my ancestors lives as well!!!! If I was the owner or driver of the horse Dream Well that day, I would have politely voiced my opinion to disagree with the judges in their decision to leave Dream Well the offical winner. (As I like to be treated fair and would feel the same towards fellow competitors.) I do not know maybe they did disagree with the judges. If not, they now have their chance at the hearing Tuesday. Also now I hear Larry Nickle was suspended for three days causing interference in that race. Pray tell, how did he cause interence when he went to the top and never touched anybody. Simply put, Don McElroy caused his own problem as he got hopelessly boxed and used inside the plyons for a passing lane. If I was Larry Nickle and knew no way I interferred, I would sue the judges. No more races and thousand dollars bets for me.

Many people are writing that inside 2 pylons should be automatic disqualification so it would be a no-brainer decision for the judges. I don't think they are even capable of that. I watched the inquiry tape of Stonebridge Leader in race 3 on December 29 at Woodbine at least 10 times, the same as the judges, and I am 99.999% positve the wheel was inside 3 consecutive pylons near the 1/4 pole. The judges ruled 1 pylon and let him stand as the winner. Anybody that has an HPI account can watch the video replay and give their opinion.

I witnessed this race in person at London and i was as surprised as everybody in the paddock when our number was left up.. However ..in defense of Donnie..he did not go inside willingly...HE WAS FORCED THERE BY A DRIVER THAT WAS TRAVELING HALF-IN-HALF-OUT ALL THE WAY DOWN THE BACKSIDE AND INTO THE TURN!! If the head-on view of the backside camera was made available for viewing..it would show that Mr. NICKLE BEARS SOME OF THE BLAME FOR THE SITUATION THAT TRANSPIRED...also, as a post-script to all the brouhaha surrounding this race, it was rather refreshing to see a driver CONTEST THE RACE TO THE FINISH!!! no matter what the outcome...In that respect, Don McElroy gets a measure of respect that I didn't have before the race in question...Finally..I did NOT have any interest (Financial or otherwise) in this particular race other than that I was responsible for the horse on that particular racing night....

Where was OHHA? We did not here them complain about this unjust ruling. I thought they are suppose to help protect the horseman(in this case the one placed second)and keep the intigrity at a high level. This happened in October and never heard OHHA questioning the judges call at that time.

In reply to by sd (not verified)

The owners and trainer of the second horse know (or should know) who their OHHA reps are and should have gone to them. Every track has their own representatives. This is one of the problems in racing too many horsepeople will not "make Waves" with anyone and so they get nowhere. Then again, maybe they are not OHHA members.

Why is it that when a driver,trainer,owner or groom does something to warrant an appeal, their name is on the fines and suspension board? But yet three ONTARIO RACING COMMISSION JUDGES make a HUGE error like this and their names are nowhere to be found.

Trevor Henry gets suspended again for excessive use of the whip he drove the horse in my eyes great,never hit the horse just stayedat him gave the public a fair chance for their money and succeeded.But this call maybe instead of just the breathalizer do further testing on some judges one judge can make a call like this but when I came to the paddock I always seen two or three.Look at the comments above, your doing it to yourselves.

Who exactly were the judges at London that day???? Some accountability for this decision should be meted out by the ORC if they're serious about the " integrity" thing. Eagerly awaiting their decision.

It is very disturbing that Don McElroy, an experienced reinsman with thousands of drives in his portfolio, let the race in question culminate in such a manner. Why, as quoted by McElroy that he had a ton of horse with nowhere to go, did he not position himself more logically during the unfolding of the race? His comment not only absolves Mr. Nickle for an alleged "phantom foul", but also justly disqualifies himself and and his horse from ANY purse money. Anything less than a disqualification at the hearing will be very tragic, not only for the integrity of harness racing, but also the integrity of the driver that is the scapegoat in this debacle-Mr. Nickle!

Finallly, as the owner of Resistol who was chart lined second in that race our appeal will be heard. The cost of having to go to Toronto, three horses will not be trained that day, but the training bill will go, all to hold up the integrety of racing, not by the ORC but by the owner and trainer. We will not be reimbursed for our expenses, but the ORC have already paid the "winning" driver to go to TO as their witness. I'm taking a copy of your comments as our witnesses. Don't give up.....fight back. Keep going to the racing to keep them honest. Thank, Joe

RACING LUCK includes bad luck when a horse gets hopelessy locked in and subsequently gets beat. Bettors lose, and owners lose. The Foam Pylons was developed for SAFETY, and it proved its worth for Don McElroy and Dream Well that day. HOWEVER, the removal of the Hubrail was not intended for what transpired that race. That's call a PASSING LANE, and last time I checked, London didn't have one....come on Judges, you missed the call.

Suggestion: Build a Passing Lane at Western Fair Raceway. It could be called "The Dream Well Lane" or the "McElroy Lane"..or better yet, name it after the judge who made that ridiculous ruling.

In reply to by Ted Mclaughlin (not verified)

the more i view this the angrier i get! this is an absolute farce and a major far-reaching investigation should be conducted into all aspects of this incident! in particular betting patterns and the caching of para-mutual tickets, etc. the regulations have to be amended so the opinions of the judges should not enter into this - it is an obvious right or wrong issue, how about passing inside two or three consecutive pylons with absolutely no apparent/obvious reason for doing so at any point during the race should be an automatic disqualification! its quite simple, really, and I think the judges responsible should be fired at the very least.

As a fan and tremendous supporter of harness racing since my father first took me 40 years ago, I am sad to say that I bet the horse that was placed second that night. I have not since and will never again bet on another harness race. There are too many other gambling options where this nonsense would be dealt with immediately and decisively.
The only real question left that deserves answering is not why are these guys not all fined and fired but why is there not a criminal investigation underway? I have become a pretty good handicapper after all of these years. That horse went to post at 1-5 and probably should have been about 5-2 which leads me to think there was a lot more going on here than bad judgement.

This is an ORC release and yet all they say is "more than one appeal has been filed". How many have been filed, by who, and for what reason? When you click on to their statement it says that Larry Nickle was suspended for 3 days for a driving infraction that "apparently occurred in the contest". What was the infraction? ( if there was one ) Does the word "apparently" not suggest doubt? Why don't they explain to the public instead of being so secretive? It reminds me of the OLG and the recent misprinted scratch tickets, the large number of insider wins on jackpots, etc. They settled but it was confidential. Come to think of it, the OLG is heavily involved in Ontario horse racing,.... hmmmm!

What a farce !!!!! Where was there ANY interference, OR problem ? NO ONE was forced ANYWHERE, and clearly, the driver just took a short-cut, and should not get ANY reward for the stupidity !!!!

unreal

wow ..I thought we had judgeing problems here in Nova Scotia!!

first time I saw this was tonight (jan 8),,,and Im the biggest of fans...
AN ABSOLUTE EMBARASSMENT FOR ALL INVOLVED.

the fact it has taken a Jan 13th meeting to get to the bottom of this is really a disgrace.

all horsemen and judges 'in the know' on this one need LONG SUSPENSIONS.
problem is: it could knock out Western Fair for huge loop.

((btw, i think this 'inside move' would have been far more entertaining if WF still had an inside rail!!)

anyway, so sad for sure...and I might as well continue to avoid wagering on WF and keep putting my hard earned canadian wagering dollars into the well-lit half-mile action at Cleveland's Northfield Park...more excitement. more entertainment value for the same kind of cheap horses and horsemen, and dare I say judges.

jctoronto

Well it's about time this erroneous placing comes to life. A dirty little secret that has almost been swept under the carpet of time.

It tops the list of bad calls by a judicial panel in a sporting event, ever. But that's only half the story.

The commission will now pay Larry Nickel and Donald McElroy three hundred and fifty bucks, a days wages, to travel to Toronto and testify for the commission.

You see the appeal isn't really against the drivers actions in the race anymore. Oh no, that's been dealt with, Larry Nickel served his three day driving suspension and McElroy was never fined or suspended.

This appeal is against the placing or none placing of the horse in question.

The commission will do nothing to punish the judges. Not one thing is going to come of this other than some redistribution of purse money.

It's the Judges first offence and the three in question are long time associates of the commission, who, when it's proven, simply made a bad call.

As a bettor, judging has bothered me way more than these integrity issues everyone is harping about lately. After all, they have the benefit of video replay and continue to make bone-head decisions. The London decision is one of the worst, but I was also in Leamington the day they posted the tri on the horses that were second, third, and fourth because they missed the winner because there was a "glare" on the photo. There are many, many more but not enough space. I have one personal story. I once bet a
Pick-7 keying on a trotter that was American owned. After the first leg, they announced that my key horse was a judges scratch. The next day, I called the ORC to voice my displeasure. I was told the horse was scratched because the owner wasn't properly liscensed to race in Ontario. So why wasn't he scratched before I could bet? Well, they usually wait until about an hour before the race to scratch. SO I WAS ALLOWED TO BET ON A HORSE THAT WAS INELIGIBLE TO RACE, WITH NO CHANCE,... THAT'S NO CHANCE,... OF GETTING A REFUND, WHEN IT WAS SCRATCHED. I was given the favorite, but the point is I would not have bet the Pick-7 without that key horse. I look forward to the day that judges are fined, suspended, or preferably fired.

That looked like the passing lane that Western fair has never had!Tell me the outcome never happened
Absolutely ridiculous...

That is the most blatant display of incopetence I've seen, on the part of judges, in the 40 yrs. I've been in this business!!! I can't believe that at least one of them didn't question this call!

It is quite clear to me that the horse which crossed the finish line first in this race was ONLY able to do so due to the presnce of the safety pylons and absence of a traditional hub rail. I was associated with a race winner - $189 000 purse in 1997 - that was disqualified because the inside wheel of the race bike struck a safety pylon around the half mile mark. The disqualification was upheld upon appeal. Events like theses only illustrate how poorly regulated this sport is in our modern times.

In reply to by Anonymous (not verified)

this a prime example of how credibility of the ORC judges comes into question and rightfully so. the judges responsible should never be allowed to be in position to adjudicate mud-wrestling let alone horse-racing ever again. the regulations should be amended to read disqualification if any two consecutive pylons are passed on the inside by any part of the racing "buggy" at any point in the race. this would take the ability of the judges to render such an atrociously, outrageous, rediculous decision away, and not allow the repuatation of racing to slip even further into the dark side. if you are going to discipline trainers and drivers for bringing the repuation of any form of horse-racing into disrepute then you damn well better be seen to cleaning up your own house.

There must be only one proper outcome.
It must say,
"we messed up"
Our apologies

The buck stops with the ORC. They have failed the industry miserably and should be held accountable for the lack of interest in harness racing. It is their job to see to it that racing is honest and above board the racing patrons (or lack there of) demand this. This commission should be completely overhauled in my opinion.

I am a former resident of London and have not wagered on the races there for many years. Incidents like this only drag the whole industry in disrepute. With incidents like this is there any wonder that betting handles are in decline everywhere. If this is the best judging they have close the doors. What will they do for the public who were cheated out of rightful winnings if this appeal is upheld.?

this decision was the worst I have ever seen (and I've seen a few) the horse was obviously boxed and rank and the driver could only take him to the inside safety lane to avoid a potential accident. But to allow him to pass the field on the safety lane and win the race makes me wonder if we now have a bunch of "feel good" liberal judges making up their own rules.

I'm sorry to say this but after watching this again I was actually laughing hysterically when I know it's not funny! Unbelievable!! The ORC should apologize to the betting public not just fine and suspend those judges involved.

The fact that there is a hearing on this foul tells us all that there is more wrong with horse racing than illegal drugs. It looks like the problems start at thew very top of the heap.

It is a question of why none of the bettors sued the ORC and the judges working that night. Dreamwell was not forced inside he was steered inside. This makes a mockery of the sport.

it was an embarrasment for horse racing , guess I should have kept my winning (er losing?) tickets for the awaited fair payoff (ya that will happen), actually it probably saved me money as I have really curtailed my betting since then , that race was a joke ,thanks to the judges or lack of them

No wonder racing has an image problem with regard to cheating. This entire affair is insane.

By far, the worst call I've ever seen in harness racing. I've witnessed alot of bad ones, but this one takes the cake.
I'm with the first poster in saying that I'd never put another wagering dime on Western Fair if that's the type of call one could expect.

Embarrassing to say the least.

This is absolutely disgusting.All of the judges that were at Western Fair that night should be fired immediately. How can anyone say the horse was pushed inside when the driver himself said, " he went inside the pylons because he couldn't hold the horse?" Fire all three of them. The ORC always talks about integrity this is a good place to start.

In reply to by Anonymous (not verified)

You are absolutley right. The horse sure was rank, almost broke a few times in that race. There is a rule in place that if the wheel of the sulky goes inside 3 pylons it is an outomatic disqualification. In this case, the whole horse was in the safety lane. I know there is no way the public can be reimbursed, but the winner should be placed last and the purse money redistributed. Oh, and the judges fired.

Drivers are charged with failure to contest a race(or inconsistant driving), a trainer who's horse drops 2 seconds from one week to another is called up for inconsistancy and told his/her horse had better perform the same the next week but WHO HOLDS THE COMMISSION ACCOUNTABLE FOR SUCH A TRAVESTY?

In reply to by Anonymous (not verified)

I agree with holding ORC up for this travesty but dont see much if any drivers
called for incosisitent driving or trainers for moving up horses miraculously
2- 3 seconds I think the threads here all agree though there is big problems
in the Ontario Racing scene

In reply to by Anonymous (not verified)

Of course this was a travesty but I have to disagree with you on the inconsistent driving and horses moving up 2-3 seconds - they have nothing to do with the call of that race. Often horses, especially those that are claimed and go to a different trainer, will improve and that improvement can be due to a number of factors such as horses stabled at the track and then moving to a farm where they can be out in the paddock more often. A move like this will improve some horses - also they may be in a smaller stable and getting more individual attention or the trainer makes a small equipment change, etc. etc. Inconsistent driving is not always the drivers fault. If a horse is feeling "off" one day (they are living things you know) the driver often has to make an adjustment during the race.

The ontario racing commission need to clean up their act and quickly or they will drive the betting public away fron harness racing.

thats a embarrasment to ever one involved with harness racing.. why would they need a hearing that just crazy. these judges had better be find and releved of their position. I will never bet western fair after watching this .

In reply to by Anonymous (not verified)

if you think this call was self serving take a look at bill hicks call on mike wsaslyn 60 days for interference at kawartha in aug 08 the horse c r king triton....it was shown at the oha meeting no one could believe it.

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