Cambridge-Te Awamutu HRC 26 February 2013 – R 6 (heard 5 March 2013 at Auckland)
ID: JCA18246
Hearing Type (Code):
harness-racing
Decision:
JUDICIAL COMMITTEE DECISION - RIU v TW MITCHELL
Informant: Mr JM Muirhead - Stipendiary Steward
Defendant: Mr TW Mitchell - Licensed Open Horseman
Information Number: A2490
Meeting: Cambridge-Te Awamutu Harness Racing Club
Race No: 6
Date: 26 February 2013 (heard 5 March 2013)
Judicial Committee: BJ Scott, Chairman - Member AJ Dooley ,Judicial Committee
Rule: 303(2)
Decision:
An Information was lodged following Race 6 at the Cambridge-Te Awamutu Harness Racing Club's meeting on the 26th February 2013 by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr TW Mitchell alleging that Mr Mitchell committed a breach of Rule 303(2) in that when driving OVERLAP he misconducted himself when he called Junior Horseman Mr D Branch a "f***ing idiot"
On the day Mr Mitchell did not admit the breach and as the Charge was being dealt with after the last race of the day the Judicial Committee adjourned the charge for a date for a hearing to be set.
The Charge was then heard by this Committee prior to the Franklin Trotting Club's meeting on the 5th of March 2013.
Mr Mitchell was present and advised the Committee that he now admitted the breach.
The Rule was read to Mr Mitchell and he acknowledged that he understood it. The Rule provides (among other things) that no person or body who holds a permit or licence under the Rules shall misconduct himself.
Co-Chief Stipendiary Steward Mr R Neal was present and represented the Informant. He said that Mr Muirhead was present on the day and viewed the Race from the Stewards box and he heard Mr Mitchell utter the words that were complained of. This was shortly after a perceived "push out".
It was a sunny afternoon at Cambridge and the concern of the Stipendiary Stewards was that if they could hear the words then members of the Public could also hear them.
Mr Mitchell said that the type of language complained about happens in every Race but he acknowledged that on the day and in the circumstances he shouldn't have said what he did.
The Charge has been admitted by Mr Mitchell and accordingly it is proved.
Penalty:
Mr Neal submitted that this was a one off incident and Mr Mitchell now realised that he could have been heard by members of the Public. He has admitted the breach and Mr Neal submitted that it could be dealt with by a fine of $200.00.
Mr Mitchell said he did not realise at the time that he might be able to be heard and he had said the words in the heat of the moment. He thought that the fine proposed by Mr Neal was fair.
The Committee pointed out to Mr Mitchell that if members of the Public are able to hear such language from Drivers during a Race then it is not a good image for Harness Racing.
In assessing penalty the Committee notes that there have been previous penalties higher than that submitted by Mr Neal but those had been for charges that were not admitted and Mr Mitchell is given credit for his admission of the breach. He also has a good record as far as this Rule is concerned.
Taking all matters into account the Committee imposes a fine of $200.00 on Mr Mitchell.
BJ Scott AJ Dooley
Chairman Committee
Decision Date: 26/02/2013
Publish Date: 26/02/2013
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 00972586e02904ed84c968ccc76ec4b1
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hearing_racingtype: harness-racing
startdate: 26/02/2013
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decisiondate: no date provided
hearing_title: Cambridge-Te Awamutu HRC 26 February 2013 - R 6 (heard 5 March 2013 at Auckland)
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reasonsfordecision:
Decision:
JUDICIAL COMMITTEE DECISION - RIU v TW MITCHELL
Informant: Mr JM Muirhead - Stipendiary Steward
Defendant: Mr TW Mitchell - Licensed Open Horseman
Information Number: A2490
Meeting: Cambridge-Te Awamutu Harness Racing Club
Race No: 6
Date: 26 February 2013 (heard 5 March 2013)
Judicial Committee: BJ Scott, Chairman - Member AJ Dooley ,Judicial Committee
Rule: 303(2)
Decision:
An Information was lodged following Race 6 at the Cambridge-Te Awamutu Harness Racing Club's meeting on the 26th February 2013 by Stipendiary Steward Mr JM Muirhead against Open Horseman Mr TW Mitchell alleging that Mr Mitchell committed a breach of Rule 303(2) in that when driving OVERLAP he misconducted himself when he called Junior Horseman Mr D Branch a "f***ing idiot"
On the day Mr Mitchell did not admit the breach and as the Charge was being dealt with after the last race of the day the Judicial Committee adjourned the charge for a date for a hearing to be set.
The Charge was then heard by this Committee prior to the Franklin Trotting Club's meeting on the 5th of March 2013.
Mr Mitchell was present and advised the Committee that he now admitted the breach.
The Rule was read to Mr Mitchell and he acknowledged that he understood it. The Rule provides (among other things) that no person or body who holds a permit or licence under the Rules shall misconduct himself.
Co-Chief Stipendiary Steward Mr R Neal was present and represented the Informant. He said that Mr Muirhead was present on the day and viewed the Race from the Stewards box and he heard Mr Mitchell utter the words that were complained of. This was shortly after a perceived "push out".
It was a sunny afternoon at Cambridge and the concern of the Stipendiary Stewards was that if they could hear the words then members of the Public could also hear them.
Mr Mitchell said that the type of language complained about happens in every Race but he acknowledged that on the day and in the circumstances he shouldn't have said what he did.
The Charge has been admitted by Mr Mitchell and accordingly it is proved.
Penalty:
Mr Neal submitted that this was a one off incident and Mr Mitchell now realised that he could have been heard by members of the Public. He has admitted the breach and Mr Neal submitted that it could be dealt with by a fine of $200.00.
Mr Mitchell said he did not realise at the time that he might be able to be heard and he had said the words in the heat of the moment. He thought that the fine proposed by Mr Neal was fair.
The Committee pointed out to Mr Mitchell that if members of the Public are able to hear such language from Drivers during a Race then it is not a good image for Harness Racing.
In assessing penalty the Committee notes that there have been previous penalties higher than that submitted by Mr Neal but those had been for charges that were not admitted and Mr Mitchell is given credit for his admission of the breach. He also has a good record as far as this Rule is concerned.
Taking all matters into account the Committee imposes a fine of $200.00 on Mr Mitchell.
BJ Scott AJ Dooley
Chairman Committee
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hearing_type: Old Hearing
Rules: 303(2)
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