IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, C.20
AND IN THE MATTER OF THOROUGHBRED OWNER
REXDALE STABLES AND PARTNER JOHN CARDELLA
RULING
Thoroughbred Owner Rexdale Stables and Partner John Cardella appealed a Ruling of the Thoroughbred Industry Appeal Board dated December 13, 2001. Pursuant to the Appeal Board Ruling, the panel determined that there was contact on the nose of the horse PRAISE FROM DIXIE from the whip of Jockey Todd Kabel who was riding the horse OLYMPIAN, thereby constituting a violation of TB Rule 11.09.2. As a result of the violation, the panel further determined that the official order of finish should be amended to show that OLYMPIAN be placed 2nd behind PRAISE FROM DIXIE.
On April 30, 2002, Vice-Chair Herbert Bryant, along with Commissioners Patricia Bullock and Thomas Deacon convened to consider the appeal.
Counsel Harvey Swartz appeared for Rexdale Stables and John Cardella. Counsel Dan McMahon appeared for Michael Wright and Steven Bahen. Counsel Joanne Mitchell appeared for the ORC Administration.
On hearing the evidence of Steward Nelson Ham, John Cardella, and Jockeys Todd Kabel and Steven Bahen, on reading the exhibits filed and on hearing the submissions from the parties, the ORC panel dismissed the appeal by a majority decision. As such, the final order of finish is as follows:
PRAISE FROM DIXIE
OLYMPIAN
WAKE AT NOON
KRS RUCKUS
DEPUTY CARSON
NIKIE YOUR HONOR
HOPTUIT BUD
HOPEFUL MOMENT
The reasons for decision were provided orally and form part of the transcript for this matter.
BY ORDER OF THE COMMISSION _______________________
Jean Major
Executive Director

