RULING NUMBER COM TB 015/2011
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 FRANCINE VILLENEUVE
On August 9, 2011, the Stewards issued Thoroughbred Official Ruling TB 7200 wherein Jockey Francine Villeneuve (“VILLENEUVE”) was given the penalty of three racing days August 14, 15 and 16, 2011, for coming in with her mount “Gresham Palace” and interfering with “Northern Magic” during the stretch run of the seventh race on August 8, 2011, at Fort Erie Racetrack and in violation of Thoroughbred Rule 11.07.
On August 11, 2011, VILLENEUVE 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. VILLENEUVE attended the Hearing and was represented by Robert King.
After reviewing the evidence, hearing the testimony of Steward Richard Grubb, Jockey Garry Cruise and upon considering the closing submissions, the Panel denied the appeal.
VILLENEUVE is hereby suspended three racing days, October 10, 11 and 16, 2011. VILLENEUVE has subsequently filed a request to ride in the Slots Cup on October 10, 2011, at Fort Erie Racetrack and in lieu of that day, will be suspended October 17, 2011.
A Transcript with the Panel’s Oral Decision is attached to this ruling.
DATED at Toronto this 12^th^ 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 FRANCINE VILLENEUVE
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: FRANCINE VILLENEUVE, 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
Robbie King,
agent for licensee Villeneuve
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony and reviewing the evidence and 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. As per her own admission her horse ducked in on the third strike of the stick. She admitted that she had advanced knowledge of the horse's tendencies via the Form and had a further indication of this tendency earlier when she went to use the stick, thereby taking her hands off the reins with resultant contact with jockey Cruise's horse. Under the Rules of Racing she is required to maintain control of her horse and the panel concurs she should not have taken the action she did thereby causing the contact. The hearing is concluded.
CERTIFIED ORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths