Ontario Racing Commission
TB
RULING NUMBER COM QH 006/2010
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 20, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF QUARTER HORSE LICENSEE JESSE DAIGREPONT
On August 31, 2010, the Stewards issued Quarter Horse Official Ruling QH 6749/2010 wherein Jesse Daigrepont (“Daigrepont”) was given the penalty of a one-day riding suspension for violation of Thoroughbred Rules 9.14.01, 9.14.02, 9.14.03, 11.07, 11.09.01, 11.09.03, 11.09.05, 11.12 and 11.14 while riding the horse SHAKE N STREAK and interfering with STREAKON SANDY in the third race at Ajax Downs on August, 29, 2010.
On August 31, 2010, Daigrepont filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred and Quarter Horse Racing.
On October 20, 2010, a Panel of the Ontario Racing Commission (ORC), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Neil McCoag appeared on behalf of the Administration of the ORC. Daigrepont attended the Hearing and was represented by Brent Leavey.
After reviewing the evidence, hearing the testimony of Steward Fenton Platts and Jockeys Marty Mercieca and Daigrepont, and upon considering the closing submissions, the Panel denied the appeal.
Daigrepont will serve a one-day riding suspension at the commencement of the 2011 Quarterhorse season, that day being the first day of the Quarterhorse racing season at Ajax Downs.
A transcript of the Panel’s oral decision is attached to this Ruling.
DATED at Toronto this 22nd day of October 2010.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director ONTARIO RACING COMMISSION
RE: QUARTER HORSE HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JESSE DAIGREPONT
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: JESSE DAIGREPONT, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 20th day of October, 2010.
Appearances:
Neil McCoag, agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: After carefully listening to the testimony, reviewing the evidence and the documents filed, the appeal is denied. The appellant did not present any material evidence nor was there any proof that the Judges or the Stewards applied the Rules of Racing incorrectly. The video clearly indicates the appellant violated Thoroughbred Rule 11.07 and I'm actually going to be quite kind and I'm not going to invoke Rule 6.8 for a frivolous appeal, although, the temptation is clearly there. To come across that far and take the path away and put the jockey in danger is clearly a major rule violation and putting another jockey in danger is not something trivial. Anyway, this ends the hearing.
MR. MCCOAG: Sir, just one matter. There is a one day suspension. As the quarter horse season is effectively over this weekend can we note it as the first day of the 2011 quarter horse season?
MR. CHAIRMAN: I always let the stewards work out on these type of infractions when to apply the penalty.
MR. MCCOAG: Okay.
MR. CHAIRMAN: Simply you never know and if he is programmed to ride in Fort Erie this weekend it is too late anyways. So if the stewards wish they can invoke a stay or work it out with Mr. Daigrepont as to when to apply the penalty.
MR. MCCOAG: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths