HUDSON on Horses and Hockey
Former National Hockey League player Dave Hudson took one of his biggest hits this past summer, but it wasn’t on the ice, it was from the Ontario Racing Commission. He and his partners are the first, and he hopes the last, owners to be substantially affected by the new whipping rule. By Heather MacKay Roberts
No one was more thrilled than Dave Hudson when his two-year-old trotting filly Angostura captured her $30,000 elimination of the Peaceful Way Stakes at Mohawk Racetrack on September 14. However, his joy would quickly turn to heartbreak when it was determined that her driver, Trevor Ritchie, had violated the Ontario Racing Commission’s new whipping rule during the stretch drive. The ORC’s policy directive states that: “For an offence where a driver has driven with both lines in one hand and struck the horse with the whip, the Judges shall place the horse last.” “I was watching the race from home with some friends and it was obviously very exciting to see the filly win,” said Hudson, a native Canadian who lives in Dallas but spends
Photo by Nigel Soult HUDSON ON HORSES AND HOCKEY Photo by New Image Media
quite a bit of time in Ontario where his The filly in the middle of the biggest dispute in Ontario racing during the 2009 season was Hudson's Angostura, an Angus Hall rookie who earned $186,000 in horse holdings are seen to by his trainer 10 starts despite not being allowed to compete in the $475,000 Peaceful Way and partner Dan Creighton and his final after winning her elimination over Costa Rica. brother Terry. The trio’s operation is known as Danterra Racing Stable and they have a farm near Strathroy, Ontario. That action caused the Judges to Time was of the essence for if the “When the inquiry sign came on I place Angostura from first to last, which appeal was allowed, Angostura would thought it had to be about the start as took away the $15,000 she earned from have had a chance to take her place there had been breakers at the start, I the purse and much more in potential with the other qualifiers to race for the didn’t think for a minute it had anything winnings as she was not allowed to com- substantial purse in the final. Hudson to do with our filly. When it came up that pete in the $475,000 final the following didn’t harbour much hope. “The it was us, I just didn’t understand it. I week. chances of winning an appeal are slim never dreamed it would be a disqualifi- Afterwards the 53 year-old Ritchie, to none,” he said. cation. who is acknowledged as one of Canada’s He was correct as the panel dis- “I was on the phone with Dan after best in the sulky especially when it comes missed the appeal, the entire transcript the fact. He was busy with what was hap- to trotters, called it the worst mistake may be read by clicking here – Creighton pening at the time and was trying to text he’s ever made in his driving life. It was, ORC Ruling – the highlights of which are me to let me know. Of course, I know as the ORC would acknowledge in their as follows: quite a bit about it now.” ruling, a simple lapse in memory as the “The Panel has empathy for driver What in fact happened was that action was one that was allowable two Ritchie, trainer Creighton and the own- Danterra’s Angus Hall filly had battled weeks before, and one Ritchie would ers, especially considering the short time throughout the stretch with one of the have performed thousands of times dur- the rule has been in place. However, the top fillies in the division, Costa Rica, the ing his career. Panel must adhere to a zero tolerance race favourite. In deep stretch Ritchie did “If Dan loses his appeal it may be up policy. To do anything else risks under- indeed put both lines in one hand and to a quarter million dollar mistake,” he cutting the intent of the rule and all the move the whip with the other. Whether said before Creighton’s appeal was heard work of the industry and the industry he actually ‘struck’ the filly or ‘tapped’ a few days after the race. Ritchie also working group which helped put it in her was a bone of contention, but expressed remorse for the bettors who place. It would also be unfair to all the Ritchie’s actions were in violation of the had to destroy their tickets because of other drivers in the race who obeyed the new rule on urging horses that had been the filly’s disqualification for his error. rules.” introduced two weeks before the inci- The ORC convened to hear The circumstances the panel noted dent, on September 1. Creighton’s appeal on September 17. were:
December 2009 • The Harness Edge Merry Christmas! McIntosh Stables Robert • Patty • Rob • Sean HUDSON ON HORSES AND HOCKEY
• A violation 14 days after the Rule came into force. • A driver known to be temperate in use of the whip. • The violation, although clearly within the ambit of the Rule (lines in one hand, striking with the whip with the other), was not aggravated in form. The driver immediately after the inci- dent described his action as “tapping” the horse. That characterization was fair. Prior to the rule change, that con- duct would not have been misconduct. • The horse won the race. By virtue of placement and redistribution of purse Photo by New Image Media money, the owner suffered the loss of $15,000 (subject to reductions). • The horse as winner of the elimi- Captain Brady was one of the most frustrating trotters the Danterra Stable has nation event would have qualified for owned. Hudson said he had million dollar legs and a two cent head. the $475,000 Peaceful Way Trot final with the right to choose post position for the final. All of that is gone. was no intention to operate beyond the speeding on highways, this is an absolute • The violation was inadvertent. rules. liability offence. Clearly a reflexive relapse into the habits • The absence of intent cannot con- The ruling, which was written by the of a driving lifetime which formerly stitute a defense. By its nature, the doing ORC’s vice chair James Donnelly, praised would have been irreproachable. There of the prohibited act is the offence. Like Angostura’s connections noting: “The entire matter cannot be dismissed with- out observation that the persons involved grew in stature by admirable restraint, fortitude and character. If per- mitted, a tip of the Commission hat to Season’s them.” Hudson believes that future owners having such a severe penalty assessed, for the fault of their driver, will not be as restrained and if the rule isn’t changed Greetings soon, the ORC could be faced with a seri- ous lawsuit as a result. To all our customers we wish you a warm “I understand the intent of the rule and I think it’s necessary to have the and joyous holiday season. rule there but what they’re doing is penalizing the wrong people. Think of it this way, you give me the keys to your car and I get pulled over for speeding and they tell me I have to pay a $200 fine and can’t drive for three days in any vehicle. You own the car, had nothing to do with the speeding, but they’re going to fine you $15,000,” said 9661 Trew Road, R.R.#1, Campbellcroft, ON L0A 1B0 Hudson. “Not only that in this case, the bet- s &AX