IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER OF JOCKEY CONSTANT MONTPELLIER
Jockey Constant Montpellier appealed a decision of the Thoroughbred Industry Appeal Board wherein Stewards’ Ruling TB 2002-168 was upheld. Pursuant to TB Ruling 2002-168, Constant Montpellier was suspended for three racing days (June 19, 20, and 21, 2002) for a violation of TB Rule 9.01 for failing to demonstrate the best and fastest race which his mount was capable of during the 4th race of June 12, 2002, at Woodbine Racetrack.
On July 31, 2002, Chair Stanley Sadinsky, QC convened to consider the appeal, along with Commissioners Patricia Bullock and Ernest Nock.
Counsel Dan McMahon appeared on behalf of Constant Montpellier and Counsel Joanne Mitchell appeared on behalf of the ORC Administration.
On hearing the testimony of Steward Richard Grubb, Constant Montpellier and Irwin Driedger, on reading the exhibits filed and on hearing the submissions of the parties, the panel dismissed the appeal but varied the penalty to a one-day suspension.
The panel found that Constant Montpellier violated Rule 9.01 insofar as he committed an error in judgment with respect to riding which prevented his mount VERY PROFESSIONAL from demonstrating the best and fastest race of which it was capable.
The Reasons for Decision were provided orally and form part of the transcript.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director