RULING NUMBER COM TB 016/2011
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 6, 2011
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
THOROUGHBRED LICENSEE MELANIE PINTO
On August 23, 2011, the Stewards issued Thoroughbred Official Ruling TB 7223 wherein Jockey Melanie Pinto (“PINTO”) was given the penalty of fifteen calendar days, August 24 through September 7, 2011, for coming in with her mount “Mobil Dreamer” and interfering with “Blondessilverdream” causing the rider to become unseated shortly after the break of the eighth race on August 22, 2011, at Fort Erie Racetrack and in violation of Thoroughbred Rule 11.07.
On August 25, 2011, PINTO filed a Notice of Appeal, pursuant to Rule 13.17(b) of the Rules of Thoroughbred Racing.
On October 6, 2011, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Gunnar Lindberg appeared on behalf of the Administration of the ORC. PINTO attended the Hearing and was represented by Michael McMullen.
After reviewing the evidence, hearing the testimony of Steward Richard Grubb, Jockey Janine Smith and Jockey Garry Cruise and upon considering the closing submissions, the Panel denied the appeal.
PINTO is hereby suspended fifteen calendar days, October 10 through October 24, 2011.
A Transcript with the Panel’s Oral Decision is attached to this ruling.
DATED at Toronto this 12th day of October 2011.
BY ORDER OF THE COMMISSION __________________________________
Rob McKinney Acting Executive Director ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF MELANIE PINTO
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MELANIE PINTO, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 6th day of October, 2011.
Appearances: Gunnar Linberg, agent for the Ontario Racing Commission Administration Mike McMullen, agent for licensee Pinto
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 new material evidence nor was there any proof that the stewards applied the Rules of Racing incorrectly. Ms. Pinto admitted that she erred in judgment and as a consequence is in violation of Rules 11.07 and 11.09.03. The onus is clearly on Ms. Pinto. Ms. Smith did not have to give ground and the film clearly shows Ms. Pinto was never free and clear to move over. In terms of penalty the stewards correctly applied the ORC policy for progressive penalties for similar violations. Given she did not appeal her previous ten day suspension for the same violation it is reasonable to conclude she agreed that the penalty was commensurate with the degree of the rule violation. Thank you.
CERTIFIED CORRECT__________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths