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

AND IN THE MATTER OF THOROUGHBRED LICENSEE GEORGE DESPOTIS

Thoroughbred licensee George Despotis appealed Stewards Ruling TB 3097/2005 wherein he was fined $400.00 for violating Rules 15.11.01 and 16.05 (a) and (b) of the Rules of Thoroughbred Racing for disturbing the peace, obnoxious behaviour and making threats against another licensee on May 22, 2005, at Woodbine Racetrack. On August 3, 2005, the Ontario Racing Industry Board of Appeal dismissed his appeal.

On October 5, 2005, a Panel of the Commission composed of Chair Lynda Tanaka and Commissioners David Gorman and George Kelly convened to hear the further appeal. Brendan Van Niejenhuis represented the Administration and George Despotis represented himself.

On hearing the evidence of William O'Connor, Richard Grubb, and George Despotis, and on reading the exhibits filed and hearing the submissions of the parties, the Panel dismissed the appeal of Mr. Despotis, upheld the finding that Mr. Despotis had violated Rule 16.05(a) and (b), and upheld the fine of $400.00 as found by the Stewards. Because of the admissions by the licensee at the hearing, the Panel ruled that it was unnecessary to consider whether Mr. Despotis had also violated Rule 15.11.01.

The Panel gave oral reasons for decision, the transcript of which is attached to this Ruling.

DATED this 1^st day of November 2005.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THOROUGHBRED LICENSEE

GEORGE DESPOTIS

REASONS FOR DECISION

Hearing conducted in the Hearing Room of the Ontario Racing Commission, 7th Floor, 20 Dundas Street West, Toronto, Ontario, on Wednesday the 5th day of October, 2005.

DISCIPLINE COMMITTEE PANEL:

L. Tanaka Chair

G. Kelly

D. Gorman

APPEARANCES:

B. Van Niejenhuis Counsel for the Administration

Appellant For Himself

Also Present:

Ed Hall

--- Upon resuming at 4:02 p. m.

REASONS FOR DECISION:

THE CHAIR: This is an appeal from the ruling of the stewards at Woodbine with respect to the conduct of George Despotis on May 22nd, 2005 following the ninth race. The appeal was first heard by the Thoroughbred Division of the Ontario Racing Industry Board of Appeal on August 3rd, 2005 and then came to us on appeal.

We have reviewed the evidence including that led by Mr. Despotis and we have reviewed the statements he has provided to us by Mr. Robert Baker which is Exhibit 3 as well as Exhibit 2, which is Mr. O'Connor's statement to security. There is a dispute between Mr. Despotis and Mr. O'Connor as to whether or not Mr. Despotis' use of profane language started in the front of the grandstand in the area close to the public, or started, rather, in the course of Mr. Despotis walking across the turf to unsaddle his horse after the race.

We don't have to resolve the dispute in the evidence as to when the swearing started because we're satisfied that the conduct that is admitted, and is agreed to and is supported by the statement from Mr. Baker, is sufficient to fall within the definition of what is prohibited under the rules and that the fine is appropriate for that conduct. If we had had to resolve the actual dispute over the evidence, we might well have found that an increased fine was appropriate. There is ample evidence both independent and corroborated by Mr. Despotis of inappropriate conduct and language.

In terms of dealing with penalty, Mr. Despotis has over the years failed to show respect to fellow licensees, to the stewards, to security on occasion. He has told us that if we suspend his license he will simply go on a holiday. He has told us not to impose a fine because he owes a lot of money especially on his credit card bills due to a holiday in Cyprus which he took this year to visit his family. He appears to be quite content with the prospect of bankruptcy which follows from a failure to pay your bills.

He has a clear problem with managing credit and money and indicates he has wagered substantial amounts on horse racing even though he owes people a lot of money. He clearly needs counselling with that and counselling with anger management and relationships with people on the backstretch. There are a number of resources that are available to him and he can consult with the Commission staff in that regard and get direction if he needs it or he can rely on his own resources.

We are going to dismiss the appeal both as to actual events and as to the penalty and impose the $400.00 fine. We urge Mr. Despotis to get counselling, and when it comes time to renew his license we urge him to consider carefully whether or not he should do so. This Commission will not tolerate such behaviour as he has shown now, and as has been disciplined now for the fourth time, on or around racing. We will not contemplate as acceptable irresponsibility in financial affairs and management of a licensee which holds as responsible a position as an assistant trainer, and we are not content with his attitude of contempt for regulation and the people responsible for it.

Times have changed. If Mr. Despotis wishes to be part of the future of racing, he has to change. So the appeal is dismissed and the fine is confirmed. Thank you very much.

--- Whereupon proceedings adjourned at 4:08 p. m.

I HEREBY CERTIFY THE FOREGOING

to be a true and accurate transcription

of a cassette tape recording

to the best of my skill and ability.

MAUREEN BYNOE, Stenomask Reporter

B. A., Commissioner of Oaths