Ontario Racing Commission
TB
RULING NUMBER COM TB 026/2010
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 THOROUGHBRED LICENSEES LUIS CONTRERAS AND BARBARA MINSHALL
On September 06, 2010, the Stewards issued Thoroughbred Official Ruling TB 6767/2010 wherein Luis Contreras (“Contreras”) was given the penalty of a three-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 NAMATH and interfering with CHIA HOUA HOUA in the third race at Woodbine Racetrack on September 05, 2010. NAMATH was placed from 1st position to 6th position.
On September 6, 2010, Contreras and Trainer/Owner Barbara Minshall (“Minshall”) filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred 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. Contreras and Minshall attended the Hearing and were represented by Avelino Gomez Jr.
After reviewing the evidence, hearing the testimony of Steward Gunnar Lindberg and Jockeys Tyler Pizzaro and Contreras, and upon considering the closing submissions, the Panel denied the appeal.
Contreras will serve his three-day riding suspension on October 29, 30 and 31, 2010.
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: THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF LUIS CONTRERAS and BARBARA MINSHALL
Held Before: Rod Seiling, Chairman
This is an excerpt of the hearing of the Ontario Racing Commission re: LUIS CONTRERAS and BARBARA MINSHALL, 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: All rise. Please be seated. After carefully listening to the testimony and reviewing the evidence and the documents filed the panel denies the appeal. The appellant did not present any material evidence nor was there any proof that the stewards applied the Rules of Racing incorrectly. The film of the race in conjunction with the testimony of Steward Lindberg and jockey Pizarro supports the fact that jockey Contreras did interfere with jockey Moreno thereby violating Thoroughbred Rule 11.07. The three day suspension to Mr. Contreras is consistent with the applicable rules and as is the placing of the horse. Mr. Contreras is to work with the stewards as to the start of his suspension and the hearing is ended.
MR. MCCOAG: Thank you.
CERTIFIED CORRECT:_________________________________ RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths