Ontario Racing Commission
TB
RULING NUMBER COM SB 010/2008
COMMISSION HEARING TORONTO, ONTARIO – FEBRUARY 5, 2008
IN THE MATTER OF THE Racing Commission Act, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE PETER LATHOURIS
Standardbred licensee, Peter Lathouris, as driver, Licence Number V24934, was required, pursuant to Rule 6.38.06 of the Rules of Standardbred Racing, to appear before the Commission.
On Tuesday February 5, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear the matter.
Peter Lathouris appeared in person. Peter Lathouris was unrepresented. Anthony Williams appeared as counsel for the Administration.
On hearing the evidence of a witness against Peter Lathouris, and on reading the exhibits filed, and upon hearing the submissions of both Peter Lathouris and counsel for the Administration, the Commission found as follows:
- Peter Lathouris violated Rule 6.38.06 of the Rules of Standardbred Racing on Friday, December 7, 2007 at Western Fair Raceway.
- Peter Lathouris, a participant in standardbred racing, was properly advised that he had been selected to provide a urine sample pursuant to the human drug testing program of the Ontario Racing Commission.
- Peter Lathouris left the Western Fair Raceway without permission from the Ontario Racing Commission Investigator or Senior Judge, and without providing a urine sample as required.
In view of all the circumstances surrounding this violation, including a suspension of 6 days (a suspension which has already been served), the Commission ordered as follows:
Peter Lathouris was placed upon probation for a period of 12 months, commencing February 5, 2008 to February 4, 2009.
The conditions of the probation order were as follows:
That Peter Lathouris shall:
- Keep the peace and be of good behaviour;
- Provide a suitable breath sample to the paddock judge or agent within one hour of the arrival of Peter Lathouris as a participant at a racetrack licensed by the Commission;
- Provide a urine sample or a swab sample, upon request, by an Ontario Racing Commission human drug testing representative within one hour of such a request whenever Peter Lathouris is a participant at a racetrack licensed by the Commission;
- If Peter Lathouris violates any condition of this probation order, the violation may result in a referral to the Commission, in addition to any penalties that may be imposed by a Panel of the Ontario Racing Commission Judges for the violation.
The Panel gave oral reasons for this decision. A transcript of the oral reasons is attached to this Ruling.
DATED this 19th day of February 2008.
BY ORDER OF THE COMMISSION Original signed by Robert McKinney
Robert McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF STANDARDBRED LICENSEE
PETER LATHOURIS:
Held Before:
Rod Seiling, Chairman
These are the oral reasons and ruling in the above mentioned matter held before The Ontario Racing Commission, Re: PETER LATHOURIS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 5th day of February, 2008.
Appearances:
Anthony Williams
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: After reviewing the testimony and the evidence submitted Standardbred licensee Peter Lathouris did, by his own admission, not fulfil his responsibility under the Rules of Standardbred Racing to provide a urine sample on December 7th, 2007 at Western Fair Raceway. Therefore he did violate Standardbred rule 6.38.06. There is no question, based on the evidence, Mr. Lathouris was properly notified he was to provide a urine sample for the Commission's Human Drug Testing Program. Ignorance of the rules, Standardbred rule 1.04, is not an accepted defence. All licensees are expected to know and obey the Rules of Racing. Mr. Lathouris should not be awarded any further penalty but he shall be put on probation for a period of twelve months commencing today February 5th, 2008 and ending on February 4th, 2009.
The terms are as follows: (a) he shall keep the peace and be of good behaviour. (b) provide a suitable breath sample to the paddock judge or agent within one hour anytime he is at a racetrack licensed by the Commission. (c) provide a urine sample or a swab sample to an ORC Human Drug Testing representative within one hour of any time that he is at a racetrack licensed by the Commission at that person's request. (d) if he violates any probation condition that violation may result in a referral to the Commission, in addition to any penalties the Judges impose. Do you understand the terms?
MR. LATHOURIS: Yes, sir.
THE CHAIRMAN: Okay.
MR. WILLIAMS: Thank you very much, sir.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths