The order of finish in a Western Fair race last October in which the winning horse traveled within the pylons for an extended period of time around the last turn and through the stretch but was not disqualified that night by the track stewards has been changed by the Ontario Racing Industry Board of Appeal at a hearing on Tuesday. In the Oct. 28 race, driver Don McElroy moved his horse, Dream Well, from second into the safety lane while trying to avoid what he believed to be a dangerous situation when a horse on the outside, Greystone Dylan, driven by Larry Nickle, moved inside. Dream Well went on to the victory while Nickle was later given a three-day suspension by the stewards for changing course. Following the race, Greg Dustin, the trainer-driver of the runner-up horse, Resistol, filed an appeal on the order of finish. Nickle also appealed his suspension. In allowing the appeal of Dustin, which results in all horses being moved up one spot, including the elevation of Resistol to first, and the disqualification of Dream Well to last, the Board ruled “that the horse Dream Well driven by Donald McElroy did move into the safety lane at the top of the stretch. However, the movement was initiated by Mr. McElroy in order to extricate himself from a dangerous situation as he was unable to properly control his horse without placing other drivers and horses in jeopardy and perhaps cause an accident. 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. “The Board finds that Dream Well received an unfair advantage not withstanding that it was without fault of any driver, and although the horse finished first, it must be placed last in accordance with application of Rule 18.08.02 of the Rules of Standardbred Racing.”
The Board also allowed Nickle's appeal, ruling "that although his horse horse Greystone Dream mayh have slightly changed course in the last turn, that was not the primary cause of the horse Dream Well leaving the racing surface. Accordingly, the appeal is upheld and the driving record for Mr. Nickle should be amended accordingly."
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