Ruling template - Ontario Racing Commission

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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
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