RULING NUMBER COM TB 009/2015
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 2, 2015
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
TUCCI STABLES
Lucio Tucci appealed against Ruling Number TB 9236/15, wherein the Stewards denied his protest following the running of the fifth race on June 7, 2015 at Woodbine Racetrack.
Date of Hearing: September 2, 2015
ORC Panel: John W. Macdonald, Commissioner
Counsel for the Appellant: Harvey Schwartz
Agent for the Administration: David Stewart
Decision:
The Panel denied the appeal.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 15th day of September 2015.
Jean Major
Executive Director
ONTARIO RACING COMMISSION
DISCIPLINE 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 TUCCI STABLES:
Held Before:
John Macdonald Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TUCCI STABLES, 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 September, 2015.
Appearances:
David Stewart,
agent for the Ontario Racing Commission Administration
Harvey Schwartz for the appellant Tucci Stables
Hearing continued ...
MR. CHAIRMAN: Thank you, gentlemen. I have tried to carefully listen to this. I am looking at this on the basis of time and there was the suggestion that the time was a lot longer than what the steward said. Mr. Garcia I understand wouldn't necessarily know how long he was off the horse. He knows he was thrown twice but that's it but the indications from the tape is that we are talking certainly not anywhere near eight or ten minutes. The maximum would be maybe four but the evidence that Mr. Lindberg had that it was maybe a minute and a half. The jockey did carry the full weight in the race. Obviously the horse was good. He won the race so that he had taken the weight prior to the regular horses coming out for the post parade, those that didn't have the permission to go ahead of time. So he was out and he had been out for a time period and we don't know exactly how long that was but it would be only minutes. I find that there was no real unfair advantage taken because the horse did carry the weight through the race. The difficulty was for both the starter and the stewards is what do you do with a horse that has thrown a jockey twice. I'm also mindful that Mr. Garcia asked to go on the horse at the gate so that he was still not overly concerned about how the horse would act once he got at the gate and ran the race. He had driven the horse before. Ridden the horse I should say so he did know something about its proclivities. Anyway, thank you, gentlemen. The appeal is denied and the results stand as stated. Thank you.
CERTIFIED CORRECT:_______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths