IN THE MATTER OF THE RACING COMMISSION ACT, [S.O. 2000, c.20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);
AND IN THE MATTER OF THE APPEAL OF THOROUGHBRED JOCKEY PATRICK HUSBANDS
AND IN THE MATTER OF THE APPEAL OF THOROUGHBRED TRAINER MARK CASSE
Thoroughbred Jockey Patrick Husbands appealed Stewards Ruling TB 4860/07 issued on July 2, 2007, wherein he was suspended for three (3) racing days for violating Rules 9.14.1, 9.14.2 and 9.14.3 of the Rules of Thoroughbred Racing.
Thoroughbred Trainer Mark Casse appealed Stewards Ruling TB 4864/07 issued on July 2, 2007 wherein the horse "SEALY HILL" was disqualified from 1st position and placed 3rd for going in and interfering with "QUIET JUNGLE" during the stretch run of the 6th race on July 1, 2007 at Woodbine Racetrack.
The Ontario Racing Commission Panel hearing the matter consisted of Chair Rod Seiling and Commissioners Brenda Walker and Jane Garthson. The Panel convened on September 26, 2007. Patti Latimer appeared for the Administration and Dan McMahon appeared on behalf of Patrick Husbands and Mark Casse. The Panel confirmed with the parties that both appeals would be heard at the same time given that the matters in question arose at the same time and in the same race.
Upon carefully reviewing the evidence, and upon hearing the submissions of Counsel for the Administration and Counsel for Mr. Husbands, the majority of the Panel grants the Appeal.
Upon carefully reviewing the evidence, and upon hearing the submissions of Counsel for the Administration and Counsel for Mr. Casse, the majority of the Panel grants the Appeal and directs that the order of finish of the race be restored to the original (pre-disqualification) order of finish of the race and the purse monies be distributed accordingly.
The Panel advised that a Decision would be provided forthwith and that Reasons for Decision would follow.
Dated this 27th day of September 2007.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director