IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
THOROUGHBRED JOCKEY CONSTANT MONTPELLIER
Thoroughbred Jockey Constant Montpellier appealed Stewards' Ruling Number TB 4670/06 issued against him on November 17, 2006, wherein he was suspended for a period of 150 calendar days and fined the sum of $5,000 for violation of Rules 15.11.01 and 16.05(a)(b) of the Rules of Thoroughbred Racing, for a premeditated and deliberate attempt to endanger the safety and welfare of other riders by use of his mount following the running of the fourth race at Woodbine Racetrack on November 11, 2006.
The Ontario Racing Commission Panel hearing the matter consisted of Chair Seiling, and Commissioners David Gorman and Jane Garthson. The Panel convened on April 16 and 17, 2007. Luisa Ritacca and Aaron Dantowitz appeared for the Administration and Frank L. Roth appeared for Constant Montpellier.
On reviewing the Exhibits filed, on hearing the evidence of Emma Wilson, Jono Jones, Patrick Husbands, Corey Fraser, Michelle Rainford, Steve Schandlen, Fenton Platts and Constant Montpellier, and on hearing the submissions of counsel for the Administration and for Mr. Montpellier, the Panel denied Mr. Montpellier's appeal as to liability, and substituted the following penalty:
Mr. Montpellier is fined $2,500;
Mr. Montpellier is suspended for 60 calendar days, 28 of which are deemed to have been served from November 12 to December 10, 2006. Of the remaining 32 days, 20 days are stayed, and will expire in six months, provided that Mr. Montpellier's record in this regard remains unblemished. The commencement of the remaining 12-day suspension is to be worked out with the Director of Thoroughbred Racing;
Mr. Montpellier is directed to seek an anger management assessment at his own expense and to report the findings to the Director of Thoroughbred Racing as it relates to any possible further action.
The Panel gave oral reasons for decision, a transcript of which is attached to this ruling.
DATED this 19th day of April 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THOROUGHBRED OWNER/TRAINER
CONSTANT MONTPELLIER
These are the oral reasons in the above mentioned matter held before The Ontario Racing Commission, Re: CONSTANT MONTPELLIER, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 17th-18th day of April, 2007.
PANEL:
Chairman Rod Seiling
Commissioner Dave Gorman
Commissioner Jane Garthson
Appearances:
Ms. Luisa Ritacca & Aaron Dantowitz,
for the Ontario Racing Commission Administration
F.L. Roth
for Constant Montpellier.
Hearing continued ...
MR. STONE: All rise please. This hearing before the Ontario Racing Commission is now in session.
MR. CHAIRMAN: Please be seated. We are ready for an oral decision. The Commission recognizes that license participants in horse racing in Ontario have a duty to abide by the Rules of Racing. The public quite rightly expects the Commission to enforce the rules. The Commission also has a responsibility to protect the safety and well-being of the horse people and to insure all participants by providing a safe racing environment.
The panel heard testimony that leaves no doubt that an altercation between jockeys Constant Montpellier and Patrick Husbands occurred prior to the 4th race at Woodbine Race Track on November 11, 2006. While Mr. Husbands may have overly reacted, Mr. Montpellier's actions cannot be condoned for provoking the attack. He had the opportunity to de-escalate the events that led up to Mr. Husbands' hitting him on the head with his helmet. The panel chooses not to take any action in this regard.
Evidence provided to the panel was sufficiently convincing the Mr. Montpellier willfully set out to take revenge on Mr. Husbands. Detective Sergeant Schandlen told the panel Mr. Montpellier confirmed to him in his interview with the appellant on November 13th, 2006 that he wanted to "cheap shot Mr. Husbands just like he did to me". This is consistent with what he told the stewards at the November 16th, 2006 hearing, "I meant to hit him with the stick".
The panel heard collaborating testimony that Mr. Montpellier brought his horse in on Mr. Husband's horse in the post-race gallop around the 7/8th pole and that he was looking for Mr. Husbands right after the race. This action threatened the safety of two other participants Mr. Jones and Mr. Fraser to the extent that Mr. Jones was yelling and both jockeys had to pull up their horses. This action endangered the safety of both riders and horses and cannot be condoned. Whether there was contact or not, in the view of the panel, is not the issue. At a minimum two jockeys were forced to take, in their view, evasive action from the situation that Mr. Montpellier created by his premeditated actions.
Therefore this panel finds Mr. Montpellier, after reviewing the evidence, to be guilty of violating Thoroughbred Rules 15.11.01 and 16.05(a) and (b).
The panel also heard testimony, albeit unsubstantiated, that Mr. Montpellier used an unacceptable racial slur during his yelling at Mr. Husbands. This Commission finds this offensive and puts Mr. Montpellier, along with the industry, on notice. This is unacceptable conduct and will be dealt with expeditiously if confirmed.
The panel notes that the appellant's counsel suggested that Steward Platts invented a recollection of the post-race gallop out events. This is a very serious allegation. It goes to the integrity of Steward Platts and the Commission. Every jockey testified that something happened in the gallop out and both jockeys Fraser and Jones testified they had to take hold of their horses.
With respect to a penalty the panel fines Mr. Montpellier $2500.00 and suspends him 60 days, calendar days, 28 of which be deemed that he served from November 12 to December 10, 2006. Of the remaining 32 days 20 days are stayed to expire in six months provide Mr. Montpellier's record in this regard remains unblemished. The commencement of the remaining 12 days suspension is to be worked out with the Director of Thoroughbred Racing.
Furthermore Mr. Montpellier is directed to seek an anger management assessment at his own expense and report the findings to the Director of Thoroughbred Racing as it relates to any possible further action.
This hearing is ended.
MR. STONE: All rise.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths