IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 C. 20;
AND IN THE MATTER IN THE APPEAL OF
THOROUGHBRED JOCKEY DINO LUCIANI
Thoroughbred Jockey Dino Luciani appealed Ruling Number TB 3624/2005 issued October 27th, 2005 by the Stewards with respect to his ride on “Plum Tree” in the stretch of the first race on October 6, 2005 at Woodbine Racetrack. The Stewards imposed a three-day riding suspension for his coming out on his mount and interfering with the horse “Fortune Maker” ridden by Corey Fraser. The trainer of the horse, Justin Nixon, also appealed the Stewards’ decision to disqualify the horse from first position and place it fourth.
The Thoroughbred division of the Ontario Racing Industry Board of Appeal dismissed the appeals and the appeals were then carried on to this Commission.
On April 19, 2006, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka, Commissioners David Gorman and George Kelly convened to hear the appeal.
Luisa Ritacca appeared at the hearing for the Administration, Dan McMahon appeared for Justin Nixon and Harvey Schwartz appeared for Mr. Luciani.
On hearing the evidence of the parties, Steward Richard Grub, jockey Corey Fraser and owner, Brian Marcy, and on reading and reviewing the exhibits filed, and on hearing the submissions of counsel, the panel dismissed the appeals, upheld the violations of Rule 11.07 and 11.09.01, upheld the three day riding suspension of Dino Luciani, and upheld the placing of the horse from first position to fourth place.
The panel’s reasons for decision are attached to this Ruling.
DATED at Toronto this 1st day of May 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Thoroughbred jockey Dino Luciani appealed Ruling Number TB 3624/2005 issued October 27, 2005 by the Stewards with respect to his ride on “Plum Tree” in the stretch run of the 1st race on October 26, 2005 at Woodbine Racetrack. The Stewards imposed a 3-day riding suspension for his coming out on his mount and interfering with the horse Fortune Maker ridden by Corey Fraser. The trainer of the horse Justin Nixon also appealed the Steward’s decision to disqualify the horse from first position and place it fourth. The Thoroughbred Division of the Ontario Racing Industry Board of Appeal dismissed the appeals and the appeals were then carried on to this Commission.
The Administration called to testify Steward Richard Grubb who was one of the Stewards on duty. He indicated that he watched the race using binoculars. One of the other Stewards watched the race broadcast by video camera and indicated at the end of the race to him and the third Steward that they needed to look at the stretch run. Shortly after the race ended, jockey Corey Fraser filed a protest alleging interference and the Stewards then dealt with the matter. Steward Grubb described the stretch run and the videotapes of the race were reviewed with his assistance.
The Administration also called jockey Corey Fraser and the owner of Fortune Maker, Brian Marcy.
Corey Fraser described the stretch run, also referring to the videotape. He said that he had the horse Plum Tree ridden by Luciani boxed in behind four horses running almost neck and neck in the stretch. Plum Tree was the favourite but unless he could break out of the box, the front four horses would take the prize money. Fraser and Luciani agreed that Fraser’s tactic of boxing Luciani in was an appropriate race strategy to try to maximize the purse he could win at Luciani’s expense. Fraser said that Luciani rode his horse out to bump Fortune Maker out of the way and make a hole to go around the four front running horses. He said that his horse was tired and that the bump from Luciani pushed his horse sideways and that winded the horse so that it finished more poorly than it would otherwise.
Owner Brian Marcy testified that Fortune Maker was sound and in good condition prior to the race. After the race the horse collapsed as a result of the bump by Plum Tree and could not be raced for the balance of the season on the advice of veterinarians. He acknowledged that Plum Tree was a good horse; in fact he had claimed the horse since that race.
Fraser said that the way the bump felt to him at the time was much more severe than the way the bump appeared on the videotape. Steward Grubb testified that it was a slight bump but it was sufficient to move Fortune Maker sideways to create the hole that Luciani needed to go past the front four horses.
Luciani testified on his own behalf, as did the trainer Nixon with his own interpretation of the videotape. Luciani denied that he had bumped Fraser’s horse though the contact between the two horses is absolutely clear on the videotape. He said that at most he brushed Fraser’s horse. He said that a hole opened for him because Fraser’s horse got tired and stopped running and because the horse in the fourth lane from the rail in front of him moved inside slightly. Trainer Nixon provided supportive evidence of this interpretation of the events. He minimized the impact of the “brushing” of the two horses.
Counsel for the appellants tried repeatedly to get Steward Grubb and jockey Fraser to accept the characterization of the contact between the two horses as “a slight brush”. Neither would agree to that and the fact that Luciani was able to push Fraser’s horse so far to the outside and that Fraser was able to bring his horse back inside somewhat afterwards indicates the degree of the bump that occurred and that, while Fortune Maker was tired, the horse was not out of the race. Also there was no effective response brought to the evidence of the owner as to the impact of the bump on the horse. Therefore when Luciani denies any bump occurred at all, his evidence is not credible and the efforts by Nixon to support that evidence are also not credible.
It is clear from the videotape that Fraser’s horse was pushed sideways at least one lane width by Luciani and that it did not regain its speed even though Fraser brought it back inside, correcting the direction in which it had been pushed so as to minimize the distance.
While we recognize that frequently in thoroughbred racing the horses will bump and brush against each other, what separates this incident from other bumps is that there appears to be a deliberate attempt by Luciani to escape the box that he was so effectively blocked into, at the expense of Fraser and his horse. Luciani chose not to take hold and go behind Fraser’s horse and then use the speed and power of his own horse to overtake the leaders to at least place well. He chose instead to move Fortune Maker out of the lane inside of the front-runners and take that lane for himself.
Rule 11.07 says that when clear, a horse may be taken to any part of the track. In this case the horse was not clear; rather it wanted the path occupied by Fortune Maker and it made a clear path by pushing Fraser’s horse out of the lane.
We therefore dismiss the appeals.
DATED in Toronto this 1st day of May 2006.
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Lynda Tanaka
Chair