RULING NUMBER COM TB 020/2015

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 15, 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 HEARING OF

JERMAINE BRIDGMOHAN AGAINST RULING TB 9637/2015

Date of Hearing: December 15, 2015

ORC Panel: John W. Macdonald, Commissioner

Representative for the Appellant: Self-represented

Agent for the Administration: David Stewart

Decision:

The Panel denied the appeal and upheld the 3-day suspension which will be served at the start of the 2016 racing season.

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

DATED at Toronto this 17^th day of December 2015.

Jean Major

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 JERMAINE BRIDGMOHAN

Held Before:

John Macdonald Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JERMAINE BRIDGMOHAN, 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 December, 2015.

Appearances:

David Stewart, Agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Thank you gentlemen. I think the video very well speaks for what happened and Mr. McMahon as one of the stewards found that the horse moved out and no question of that from the video. The horse went out from the four path out to the six and moved Mr. Contreras’s horse out. The real problem is whether there was going to be any attempt for correction and it didn’t appear that Mr. Bridgmohan did anything to correct his horse to go in a more straight path and continues to hit left handed. The usual action of a horse is that it will move to the right. Not always but in this case that would be one of the factors where it would become more difficult to correct. We do have a lot of leeway here and we do, especially, Mr. Bridgmohan, since you are self-represented we give you a lot of leeway as to the evidence you produce and your argument but we are going to deny the appeal and when I have reduced the days suspension, and I appreciate those are the harsh days for you to have the suspension, it is normally when there has been an action by the jockey to try and correct the problem at some part of the race and in the video here and the evidence from Mr. McMahon was that there didn’t seem to be any serious attempt to correct the path and to keep the horse in a straight path. So we are going to deny the appeal and leave the suspension for the three days and I will have to leave it up to the Administration as to when the three days will start. Presumably at the beginning of the thoroughbred season.

MR. STEWART: That’s correct, they would be the first three days of the 2016 season.

MR. CHAIRMAN: Thank you gentlemen.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths