Flamboro 'no contest' overturned

Standardbred Licensees John Kopas, Dave Poley, John Pentland, Jim Wellwood, Jamie Bardoel and Scott McNiven appealed Ruling SB 37355 wherein the Judges ruled that the 4th race on July 11, 2008, at Flamboro Downs was a "No Contest" in accordance with Rule 22.33 of the Rules of Standardbred Racing. On July 15, 2008, a Panel of the Commission consisting of Chair Rod Seiling convened to hear the Appeal.

Maureen Harquail appeared as Counsel for the Administration. Louis Liebenau appeared on behalf of John Kopas and John Pentland. Dave Poley and Jim Wellwood were present and appeared on their own behalf. Jamie Bardoel and Scott McNiven were not present.

Upon hearing the evidence of Judge John Harper and on reviewing the videotape of the race and the Exhibits filed, and on hearing the submissions of Counsel for the Administration and the Appellants, the Panel allowed the appeal and ordered the following:

1. i. Race #4 on July 11, 2008 at Flamboro Downs is a charted race;

2. ii. STAR GAZED, TAKE MY PULSE and GRIN GODDESS (top 3 finishers) are eligible for the Gold Final to be raced on July 18, 2008, at Flamboro Downs;

3. iii. TOPAZ SEELSTER (4th place) will be eligible for the consolation race;

2. iv. STAR GAZED, TAKE MY PULSE, GRIN GODDESS and TOPAZ SEELSTER will earn their normal respective splits of the purse with 5th place monies to be divided amongst those horses which did not cause any interference during the race and which did not finish, specifically PUTNAM JORDAN, SPOILED BEACH and SHELLACE. (ORC)

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