IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
THOROUGHBRED JOCKEY PATRICK HUSBANDS
Thoroughbred Jockey Patrick Husbands appealed the penalty imposed in Stewards' Ruling Number TB 4669/06 issued against him on November 17, 2006, wherein he was suspended for 60 days and fined $5,000 for violation of Rules 15.11.01 and 16.05(a)(b) of the Rules of Thoroughbred Ruling, for employing the use of a weapon in a violent manner while assaulting another licensee in the Jockey's Quarters prior to the running of the fourth race on November 11, 2006.
The Ontario Racing Commission Panel hearing the matter consisted of Chair Rod Seiling, and Commissioners Bernard Brennan, DVM, and George Kelly. The Panel convened on April 11, 2007. Aaron Dantowitz appeared for the Administration and Daniel J. McMahon appeared for Mr. Husbands.
On reviewing the Agreed Statement of Facts and the Exhibits filed, and on hearing the evidence of Ray Sabourin and Dr. Greg Degannes, and on hearing the submissions of counsel for the Administration and for Mr. Husbands, the Panel allowed Mr. Husbands' appeal as to penalty, and substituted the following penalty:
a fine of $2,500; and
a suspension of 5 days, to be stayed for 6 months, and to be rescinded if, after 6 months, Mr. Husbands has had no similar altercations within the jockeys' quarters.
The Panel gave oral reasons for decision, a transcript of which is attached to this ruling.
DATED this 3rd day of May 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
1ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
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IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c 20
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-and-
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6 IN THE MATTER OF: Thoroughbred Jockey PATRICK HUSBANDS
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BEFORE: Rod Seiling Chair
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George Kelly Member
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Bernard Brennan, DVM Member
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---------------REASONS---------------
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15 Conducted in the Hearing
Room of the Ontario Racing Commission, Suite 400
16 10 Carlson Court, Toronto, Ontario, on the 11th
day of April 2007
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APPEARANCES:
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Aaron Dantowitz Counsel for the
21 Administration
22 Dan McMahon Counsel for the Appellant
23 Brent Stone Supervisor of Thoroughbred
Racing
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
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1 -- Upon resuming
2THE CHAIR: We'll provide an oral
3 decision for you.
4 This Panel takes very seriously the
5 need for all participants in horse racing to
6 obey the Rules of Racing.
7 The parties have agreed to the
8 facts. Mr. Husbands did violate Rules 15.11.01
9 and 16.05(a) and (b) by his actions on November
10 11th, 2006 in his altercation with jockey
11 Constant Montpellier in the jockeys' quarters at
12 Woodbine Racetrack.
13 Mr. Sabourin; President of the Jockeys
14 Guild, recognized disputes do happen in the
15 jockeys' room and the jockeys need to understand
16 this action is inappropriate. This Panel
17 agrees in the appropriateness of that
18 behaviour.
19 This Panel also takes strong offence
20 to any suggestion that financing of the
21 Commission activities are now a factor in
22 determining penalties for breaching of the Rules
23 of Racing in this province. Any suggestion, in
24 the future, by anyone appearing in a Hearing
25 will be required to provide proof of that
TORONTO COURT REPORTERS - TORONTO - ONTARIO
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1 allegation.
2 This Commission has a policy, which it
3 strictly adheres to, that penalties are to act
4 as deterrents to behaviour not in accordance
5 with the Rules of Racing.
6 The Panel, after careful consideration
7 of the facts, upholds the Appeal of Mr. Husbands
8 dated November 17th, 2006 and substitutes in its
9 place a fine of $2,500 and suspension of 5
10 days. The suspension will be rescinded if,
11 after 6 months, Mr. Husbands has no similar
12 altercations within the jockeys' quarters. The
13 hearing is ended.
14 MR. MCMAHON: Fine. Thank you sir.
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5 I hereby certify the foregoing to be
6 a true and accurate transcript as taken
7 by me to the best of my skill and
8 ability.
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11 _____________________________
12 Christine Gilmour, B.A.,C.S.R.
13 Toronto Court Reporters
14 1410 - 65 Queen Street West, Box 69
15 Toronto, Ontario M5H 2M5
16 (416) 364-2065
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TORONTO COURT REPORTERS - TORONTO - ONTARIO