Ontario

Racing

Commission

TB

RULING NUMBER COM TB 003/2008

COMMISSION HEARING TORONTO, ONTARIO – MARCH 10, 2008

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

AND IN THE MATTER OF THE APPEAL OF

THOROUGHBRED LICENSEE GEORGE DESPOTIS

Thoroughbred licensee George Despotis appealed from Stewards’ Ruling Number TB 4857/2007 wherein he was fined $50.00 in violation of the Woodbine Entertainment Group Stable Area Regulation 1.3 (e) (I) for smoking a cigarette in a non-designated area on June 15, 2007 at Woodbine Racetrack. Mr. Despotis also appealed Stewards’ Ruling Number TB 4893/07 wherein he was suspended for fifteen calendar days in violation of Rules 16.05 (a), (b), (c), 16.13 (c), (d), (g) and 15.09 of the Rules of Thoroughbred Racing for using profanities and conducting himself in a loud and obnoxious manner while at an Ontario Racing Commission Stewards’ hearing on July 1, 2007.

On March 10, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Commissioner Bernard Brennan, DVM, and Commissioner Brenda Walker convened to hear the appeal.

Patricia Latimer appeared at the hearing for the Administration and Mr. Despotis appeared on his own behalf.

On hearing the evidence of Matthew Todd, Russell Fernandes, William McMahon and Steven Chircop, and on reading and reviewing the exhibits filed, and on hearing the submissions of Mr. Despotis and counsel for the Administration, the Commission dismissed the appeals, and upheld the Stewards’ rulings, the fine of $50 and the fifteen-day suspension.

The Commission gave oral reasons for the decision. A transcript of the oral reasons is attached to this Ruling.

DATED at Toronto this 12th day of March 2008.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

THOROUHBRED HEARING

IN THE MATTER OF THOROUGHBRED LICENSEE

GEORGE DESPOTIS:

Held Before:

Rod Seiling, Chairman

Brenda Walker, Commissioner

Dr. Brendan Brennan, Commissioner

These are the oral reasons and ruling in the above mentioned matter held before The Ontario Racing Commission, Re: GEORGE DESPOTIS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 10th day of March, 2008.

Appearances:

Ms. Patricia Latimer

for the Ontario Racing Commission Administration

Hearing continued ...

MR. FERNANDES: All rise.

MR. CHAIRMAN: Please be seated. After carefully considering the evidence and reviewing the exhibits the panel denies both appeals of thoroughbred licensee George Despotis TB4857/07 and TB4893/07.

Mr. Despotis admitted that he acted inappropriately at the hearing of July 1, 2007 by swearing and acting obnoxiously. Mr. Despotis was treated more than fairly by the stewards and the panel. While his record indicates there may be a basis for a harsher sentence this panel is comfortable given the conflicting evidence regarding his alleged violation of the smoking rule on the WEG backstretch at Woodbine.

The panel strongly recommends he seek anger management treatment. Regarding the alleged smoking violation there was conflicting testimony as to how far from the barn Mr. Despotis was when he was smoking. His own witness if taken at the minimum distance of his estimate would still put Mr. Despotis in violation of the regulation. Thank you.

Do you understand what the ruling is, Mr. Despotis? Mr. Despotis, I have asked you a question, sir.

MR. DESPOTIS: Thank you very much.

MR. CHAIRMAN: Do you understand what the ruling is?

MR. DESPOTIS: Thank you very much.

MR. CHAIRMAN: You're welcome and I strongly urge you to seek anger management help.

MR. DESPOTIS: I have bullets in my head. I'm going to take anger management? How am I going to take the bullets out? I went for MRI. I can't have the MRI because of medical reason because the batteries is going to take the metal out of my head. I'm going to go for anger management?

MR. CHAIRMAN: Sir, you need to find a way to control your temper.

MR. DESPOTIS: I got three chips in my ankle and walk to work every day.

MR. CHAIRMAN: Thank you.

MR. DESPOTIS: I'll make everybody happy. I take four weeks. You want me to pay $100.00 for the fine? I'll pay $100.00 for the fine.

MR. CHAIRMAN: Sir, don't go any further.

MR. DESPOTIS: Thank you very much.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths