RULING NUMBER COM TB 015/2014

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 15, 2014

NOTICE OF DECISION

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF THE APPEAL OF LUIS CONTRERAS

Luis Contreras (“Contreras”), licence # 133592, appealed Ruling Number TB 8896/2014.

Date of Hearing: October 15, 2014

ORC Panel: John W. Macdonald, Commissioner

Counsel for the Appellant: Shale Wagman

Agent for the Administration: Thomas Miller

The Panel upheld the decision of the Stewards regarding placing of the horse but varied the penalty to Contreras to one day suspension, to be served on October 22, 2014.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice

DATED at Toronto this 16^th day of October 2014.

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF LUIS CONTRERAS:

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: LUIS CONTRERAS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 15th day of October, 2014.

Appearances:

Tom Miller, Agent for the Ontario Racing Commission Administration

Shale Wagman, for Contreras

Hearing continued ...

MR. CHAIRMAN: Listening to the witnesses and watching the video counsel pointed out that the horse ridden by Mr. Husbands CONSTANTINO was a little bit unsteady but I feel from what I can see that that was not determinative of what happened. Counsel have acknowledged and the witness made it quite clear that there was, to use the words of Mr. Contreras, he had a lot of horse and he did. If it hadn't been for the unfortunate position of coming in on PUNTROOSKIE, Mr. Campbell's horse, if he had stayed a straight course there it looked like he was going to win easily. Unfortunately, he didn't. He come in enough that he pinched off the 7 horse resulting in the unanimous decision of the stewards that there was interference. It is unfortunate because he had so much horse but I have to agree with the stewards that it was interference, although, in normal parlance it certainly was not intentional. The horse was coming in and Mr. Contreras did correct his horse right after but by that time Mr. Campbell had to check his horse as result of which the decision of the stewards relating to the interference call will stand. So then we go to the penalty. Since this was more of a unfortunate position that the horse veered in, maybe under some slight urging from Mr. Contreras when he was hitting the horse right handed, three days while it is a standard penalty I think under these circumstances it seems a little harsh in my view. Although there definitely was interference Mr. Contrares might not have been aware of what was happening but I'm going to reduce the penalty to one day suspension. Therefore it is effectively in my view a nominal suspension which recognizes the fact that the real penalty was the horse being placed 4th having finished 1st. Thank you, gentlemen. Any questions?

MR. WAGMAN: Thank you, Mr. Macdonald. Can I have the court's indulgence just to confer with Mr. Esposito.

MR. CHAIRMAN: What the date should be?

MR. WAGMAN: Yes.

MR. MILLER: And they can talk to Mr. McMahon. Mr. McMahon can help establish that.

MR. WAGMAN: Mr. Contreras would ask that the 24th of October be the date he serves his suspension.

(DISCUSSION OFF THE RECORD)

MR. MILLER: So that would be Wednesday, October 22nd?

MR. WAGMAN: Yes.

MR. CHAIRMAN: So the date will be October 22nd. Counsel, I'd like to finish with a comment on your reference to Section 11.09.01. I looked at that but the additional horse it says a major contributor. I don't think it was a major contributor. There is an indication that it might have had some effect but it would appear it was after the main interference that had already occurred. Thank you, gentlemen.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths