RULING NUMBER COM TB 029/2010
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 2, 2010
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
Thoroughbred Jockey Melanie Pinto (“PINTO”) (ORC Licence #120987) appealed Ruling TB 6667/2010 dated August 3, 2010, wherein she was fined the sum of $500 and suspended three (3) days, August 8, 9 and 10, 2010, inclusive, for raising her hand above her shoulder while striking her mount, “Avoid The Rush” in the stretch run of the 1st race on August 3, 2010, at Fort Erie, in violation of Rule 9.27.07(a) of the Rules of Thoroughbred Racing.
On December 2, 2010, a Panel of the Ontario Racing Commission (“ORC”) consisting of Commissioner John Macdonald as Chair, was convened to hear the appeal.
Angela Holland appeared as counsel for the Administration. Robert King appeared on behalf of PINTO.
Given the recently completed review of the urging rules and subsequent recommendations of the ORC Committee of Inquiry, the Administration agreed to withdraw the penalty.
Upon hearing submissions of counsel for the Administration and of Mr. King and considering the exhibits filed, the Panel orders that the penalty be withdrawn.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 7th day of March 2011.
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 MELANIE PINTO
Held Before: John Macdonald, Commissioner
This is an excerpt of a Hearing of 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 2nd day of December, 2010.
Appearances: Angela Holland, counsel for the Ontario Racing Commission Administration Robbie King, agent for Melanie Pinto
Hearing continued ...
MR. CHAIRMAN: It is difficult to argue. I understand there has been a process you have all considered and I guess the degree of seriousness if the Administration feels that it doesn't warrant a penalty that's fine, we will agree to the withdrawal. Obviously the concern we have is in the on going matters we hope that the appellant in this case understands what the rules are that are involved. This is all we are really here for to try to see that the rules are enforced by the Administration judges in this case and the stewards at the tracks.
MS. HOLLAND: To be clear, Mr. Chair, the Administration is not saying that the stewards did anything wrong, that their penalty was wrong but just on further review and based on the urging review process these are exceptional circumstances and we will agree that the penalty can be withdrawn.
MR. CHAIRMAN: Can I assume, and I have looked at the material and the question of the degree is a concern. Obviously as part of our job is to protect the horse as well as look after the drivers and there is no indication here of any other driver being involved. She wasn't hitting another horse or anything like that so ...
MS. HOLLAND: Perhaps I can defer to Mr. Russell Fernandes who is also here, the Assistant Manager of Racing.
MR. FERNANDES: No, that's correct.
MR. CHAIRMAN: Thank you. We will allow this matter to be withdrawn.
MS. HOLLAND: Thank you, sir.
CERTIFIED CORRECT__________________________________ RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths