<!--mc:cls:cover-masthead-->
RULING NUMBER COM QH 007/2010
COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 10, 2010
IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
<!--mc:close:case-cover-->
## AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING BY QUARTER HORSE LICENSEE JESSE R. DAIGREPONT
On September 23, 2010, the Stewards issued Quarter Horse Official Ruling QH 6807/10 wherein Jesse R. Daigrepont (“Daigrepont”) was given the penalty of a one-day riding suspension, September 26, 2010, for violation of 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 of the Rules of Thoroughbred Racing.
Daigrepont was given the penalty for coming in with his mount FORGOTTONAMEHER and interfering with the inside horses during the stretch run of the tenth race on September 21, 2010 at Ajax Downs.
On September 23, 2010, Daigrepont filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred Racing.
On November 10, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.
Official Brian Newton appeared on behalf of the Administration of the ORC. Jesse Daigrepont was present with licensee Joe Tavares.
After reviewing the evidence, hearing the testimony of Steward Ed Hall, Jockeys Erika Smilovsky and Marty Marcieca, and upon considering the closing submissions, the Panel denied the appeal.
Daigrepont will therefore serve his one-day suspension at Ajax Downs commencing on the first day of racing for the 2011 season.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto this 18<sup>th</sup> day of November 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:
John Macdonald, 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 10th day of November, 2010.
Appearances:
Brian Newton,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: I watched the video and listened to the evidence of Erika Smilovsky and Mr. Hall who was the presiding Steward and Mr. Marty Mercieca and I'm certainly going to deny this appeal. It's been acknowledged by Mr. Tavares on behalf of Jesse Daigrepont, yes, the horse was disqualified and from what I saw on the video there were two things. There was a bump coming out of the gate. That was the first thing and then as Mr. Tavares has noted the horse came across and interfered. Now Mr. Tavares, your argument was based on what other horses may have done. We are only here to decide on the penalty which is the disqualification of the horse for which you were the trainer and Mr. Daigrepont was the rider. The one day suspension will stay and unless the Administration says otherwise that will be the first day of riding in 2011 at Ajax Downs.
I have a concern notwithstanding your arguments that there were other horses that may have been in a position to also to have been charged a claim of foul for interference also but really we are not here to listen to that. My concern here is this is basically a frivolous appeal and I do have the authority under the Racing Commission Act to add a fine to that and I have not done so in the quarter horse cases and I understand your argument. You were showing your frustration which should not allow you to question your judgement. You did acknowledge, Mr. Tavares, as trainer of the horse that the horse had some problems and you agreed with the disqualification. Your frustration relates to a different matter and that's in connection with claims of foul that are made or not made and all I can suggest there is if when that happens you should also make a claim of foul, speak to the Stewards but other than that not what happens in this case and the same thing as Mr. Mercieca. The fact that he may have had a problem in another race it is not material to this particular case and so I understand the frustration in general, I let you go on and there was a shouting match and the court reporter was having some difficulty trying to follow what everybody had said. In any event, thank you, gentlemen but I'm going to deny the appeal and have the suspension enforced.
MR. NEWTON: Just to be clear, Mr. Macdonald, just we can dispense with the order of the finish, the order does still stay the same just for the participants? I'm sorry, the finishing order?
MR. CHAIRMAN: The order stands.
MR. NEWTON: That still stands.
MR. CHAIRMAN: Exactly.
MR. NEWTON: Thank you. I appreciate it.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
minicounsel