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

AND IN THE MATTER OF STANDARDBRED LICENSEE ROY AGOSTINO

On January 31, 2005, the Director of Racing issued Ruling SB 26/2005, suspending Standardbred Licensee Roy Agostino (V05909) for misconduct prejudicial to the best interests of racing, pending the resolution of the indictment issued against him in the State of New York. On July 28, 2005, the Executive Director issued a Notice of Proposed Order to suspend Roy Agostino for a period of one year or until such time as his indictment was resolved in the United States.

Mr. Agostino appealed Ruling SB 26/2005 and requested a hearing pursuant to section 22 of the Racing Commission Act, 2000 with respect to the Executive Director's Notice of Proposed Order. On November 23, 2005, a Panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka, and Commissioners Jane Garthson and Bernard Brennan, convened to hear the appeal and hold the hearing. Brendan Van Niejenhuis represented the Administration, and Mark Evans represented Mr. Agostino.

On being advised that the Administration withdrew Ruling SB 26/2005, and on hearing the evidence of Det.-Cst. Cory Stewart, and on reading the exhibits, and on hearing the submissions of counsel, the Panel ordered that:

(a) Ruling SB 26/2005 was noted withdrawn;

(b) The Director's proposed order was upheld and made, such that Mr. Agostino is hereby suspended for a period of one (1) year, commencing November 23, 2005, or until such time as the indictment against him in the State of New York is resolved.

The Panel gave oral reasons for decision which form part of the transcript of the hearing, and are attached to this ruling.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF STANDARDBRED LICENSEE

ROY AGOSTINO

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 23rd day of November, 2005.

DISCIPLINE COMMITTEE PANEL:

L. Tanaka Chair

J. Garthson

B. Brennan

APPEARANCES:

B. Van Niejenhuis Counsel for the Administration

Mark Evans For the Appellant

--- Upon resuming at 11:44 a. m.

REASONS FOR DECISION

THE CHAIR: We have been able to reach a unanimous decision of the panel with respect to this matter and we have before us a notice of proposed order issued by the Director on July 28th, 2005, with respect to one Roy Agostino, apparently also known as Roy D'Agostino with the apostrophe.

We have heard the evidence of the investigator, Cory Stewart, to the extent that we are able to hear evidence with respect to the charges against Mr. Agostino, given the nature of the U. S. proceeding. And the question before us is whether the Director was wrong in coming to the conclusion; that he had reasonable grounds that the licensee would not act with honesty and integrity in the public interest. The proposed order is for a one year suspension or until such time as the indictment is resolved in the United States.

We've been given very little evidence beyond the warrant and the indictment, which indicates that there has been a conclusion drawn by an entity as part of criminal justice proceedings in the State, that there is sufficient evidence under oath or affirmation at the (inaud.) of trial.

While we're conscious of the presumption of innocence which runs as a bedrock of both the U. S. and the Canadian legal system, we also have an obligation to carry out our jurisdiction with honesty, integrity, and conscious of social responsibility.

The charges relate to a drug, Ephedrine, which is a stimulant. It has sometimes been used by horsemen and has resulted in positive test prosecutions. Charges also relate to the use of a barn for the storage of this chemical, and, again, there is potentially a connection with horses in the industry.

Given the state of the evidences before us, it's our view that the Director was not wrong: that he had reasonable grounds to find his Section 19 to impose the one year suspension and the terms of the proposed order, and we therefore confirm the proposed order.

There will be an order issued, then, typed up and be provided to Mr. Evans and his client.

MR. VAN NIEJENHUIS: The Director will see to that.

THE CHAIR: Thank you very much.

--- Whereupon proceedings adjourned at 11:46 a. 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