Ruling template - Ontario Racing Commission

OntarioRacingCommissionRULING NUMBER COM QH 007/2010COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 10, 2010IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING BYQUARTER HORSE LICENSEE JESSE R. DAIGREPONTOn September 23, 2010, the Stewards issued Quarter Horse Official Ruling QH 6807/10 wherein JesseR. Daigrepont (“Daigrepont”) was given the penalty of a one-day riding suspension, September 26,2010, for violation of Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03, 11.09.05, 11.12 and11.14 of the Rules of Thoroughbred Racing.Daigrepont was given the penalty for coming in with his mount FORGOTTONAMEHER and interferingwith the inside horses during the stretch run of the tenth race on September 21, 2010 at Ajax Downs.On September 23, 2010, Daigrepont filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules ofThoroughbred Racing.On November 10, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised ofCommissioner John Macdonald, convened for the purpose of hearing this matter.Official Brian Newton appeared on behalf of the Administration of the ORC. Jesse Daigrepont waspresent with licensee Joe Tavares.After reviewing the evidence, hearing the testimony of Steward Ed Hall, Jockeys Erika Smilovsky andMarty Marcieca, and upon considering the closing submissions, the Panel denied the appeal.Daigrepont will therefore serve his one-day suspension at Ajax Downs commencing on the first day ofracing for the 2011 season.A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.Dated at Toronto this 18 th day of November 2010.BY ORDER OF THE COMMISSIONJohn L. BlakneyExecutive Director

Appeal Hearings Aug 16/10 (excerpts)2ONTARIO RACING COMMISSIONRE: QUARTER HORSE HEARINGIN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OFJESSE DAIGREPONT- - - - - - - - - - - -Held Before:John Macdonald,Chairman- - - - - - - - - -This is an excerpt of a Hearing of the Ontario Racing Commissionre: JESSE DAIGREPONT, taken before Toronto Court Reporters,Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10Carlson Court, Suite 400, Toronto, Ontario, on the 10th day ofNovember, 2010.Appearances:- - - - - - - - - -Brian Newton,agent for the Ontario RacingCommission AdministrationTORONTO COURT REPORTERS - TORONTO, ONTARIO

3123Hearing continued ...MR. CHAIRMAN:I watched the video and listened to the evidence45678910111213141516171819202122232425of Erika Smilovsky and Mr. Hall who was the presiding Steward and Mr. MartyMercieca and I'm certainly going to deny this appeal. It's been acknowledged by Mr.Tavares on behalf of Jesse Daigrepont, yes, the horse was disqualified and fromwhat I saw on the video there were two things. There was a bump coming out of thegate. That was the first thing and then as Mr. Tavares has noted the horse cameacross and interfered. Now Mr. Tavares, your argument was based on what otherhorses may have done. We are only here to decide on the penalty which is thedisqualification of the horse for which you were the trainer and Mr. Daigrepont wasthe rider. The one day suspension will stay and unless the Administration saysotherwise that will be the first day of riding in 2011 at Ajax Downs.I have a concern notwithstanding your arguments that there were otherhorses that may have been in a position to also to have been charged a claim of foulfor interference also but really we are not here to listen to that. My concern here isthis is basically a frivolous appeal and I do have the authority under the RacingCommission Act to add a fine to that and I have not done so in the quarter horsecases and I understand your argument. You were showing your frustration whichshould not allow you to question your judgement. You did acknowledge, Mr. Tavares,as trainer of the horse that the horse had some problems and you agreed with thedisqualification. Your frustration relates to a different matter and that's in connectionwith claims of foul that are made or not made and all I can suggest there is if whenthat happens you should also make a claim of foul, speak to the Stewards but otherthan that not what happens in this case and the same thing as Mr. Mercieca. TheTORONTO COURT REPORTERS - TORONTO, ONTARIO

412345678910111213141516171819fact that he may have had a problem in another race it is not material to this particularcase and so I understand the frustration in general, I let you go on and there was ashouting match and the court reporter was having some difficulty trying to follow whateverybody had said. In any event, thank you, gentlemen but I'm going to deny theappeal and have the suspension enforced.MR. NEWTON: Just to be clear, Mr. Macdonald, just we can dispensewith the order of the finish, the order does still stay the same just for the participants?I'm sorry, the finishing order?MR. CHAIRMAN: The order stands.MR. NEWTON: That still stands.MR. CHAIRMAN: Exactly.MR. NEWTON: Thank you. I appreciate it.- - - - - - - - -CERTIFIED CORRECT:_________________________________RAYMOND P. MACDONALD, B.A., CVRCommissioner of OathsTORONTO COURT REPORTERS - TORONTO, ONTARIO