IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND
IN THE MATTER OF THE APPEAL OF JOCKEY CONSTANT MONTPELLIER
Jockey Constant Montpellier appealed Stewards Ruling TB 444/03 in which he was found in violation of Rule 15.09.01 of the Rules of Thoroughbred Racing and fined $1500.00 for conduct and/or business practices deemed to be unsportsmanlike and contrary to the public interest, as a result of not taking the horse ARCO’S GOLD for a veterinarian inspection prior to the 6th race at Woodbine Racetrack on October 13, 2003.
On June 29 and 30, 2004, Chair Lynda Tanaka, and Commissioners David Gorman and George Kelly of the Ontario Racing Commission convened to hear this appeal.
Dan McMahon appeared on behalf of Mr. Montpellier and Tim Snell appeared on behalf of the Administration.
Upon hearing the evidence of Steward Gunnar Lindberg, Steward Ivan McHutchion, John McNie DVM, Greg Taylor DVM, John Starmer DVM, David Clark, Constant Montpellier, and John Ross, and upon reading the exhibits and hearing the submissions of the parties, the Ontario Racing Commission decided to allow this appeal.
The reasons for decision are attached to and form part of this Ruling.
DATED this 7th day of July 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Executive Director (Acting)