Non Raceday Inquiry RIU v D Schofield – decision dated 1 November 2016 – Chair, Mr M McKechnie

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decisiondate: 02/11/2016

hearing_title: Non Raceday Inquiry RIU v D Schofield - decision dated 1 November 2016 - Chair, Mr M McKechnie

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Decision:

BEFORE A NON-RACEDAY

JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand

Rules of Greyhound Racing

BETWEEN

RACING INTEGRITY UNIT

Steve Mulcay

Senior Stipendiary Steward

INFORMANT

AND DAVID SCHOFIELD

Licensed Handler

RESPONDENT

DECISION OF NON-RACEDAY JUDICIAL COMMITTEE

Mr Murray McKechnie, Chairman

Mr Richard Seabrook, Member

DATED THIS 1st DAY OF NOVEMBER 2016

1. Mr Schofield is charged with a breach of Rule 87.1(o). It is said that he misconducted himself during a meeting at the Cambridge Raceway on 1 September 2016 by using foul and offensive language in the vicinity of the Club House and in the proximity of other licenced persons and patrons attending the greyhound meeting that was taking place.

2. Mr Mulcay the Informant has filed a summary of facts. This is attached to and should be read as part of this decision.

3. Mr Schofield has admitted the charge in writing. The matter has been determined on the papers.

4. Mr Mulcay has filed written submissions. He pointed to a number of aggravating and mitigating considerations. First it is said that Mr Schofield has a poor record for misconduct and has had various penalties imposed including warning off, disqualification and fines. The records of those previous appearances cannot be located in detail. It is then said that behaviour of this kind reflects poorly on greyhound racing and brings the industry into disrepute. It is said finally that there is need for a deterrent. Mr Mulcay very fairly pointed out that there were mitigating factors here. Mr Schofield has admitted the charge and has agreed to the matter being heard on the papers. Further Mr Schofield has unreservedly apologised. The Committee is told that Mr Schofield has not offended under this rule or a similar rule for approximately five (5) years. Mr Mulcay pointed to monetary penalties at a similar level for comparable offending.

5. The summary of facts does not actually set out the language complained of. It is simply said that the language used was foul and offensive.

6. Clearly Mr Schofield, given his previous record, needs to endeavour to exercise a greater degree of self-control. Language that might not be objected to on private property or around kennels is not acceptable at race meetings.

7. The Committee acknowledges that Mr Schofield has taken a responsible attitude. The fine proposed by the RIU of $300.00 is not disputed by Mr Schofield. A formal finding of guilty will be entered in the record and a fine imposed of $300.00. Mr Schofield has put the Judicial Control Authority (JCA) to some trouble and a modest contribution towards the costs incurred should be made. In addition to the fine Mr Schofield will pay the sum of $100.00 towards the costs incurred by the JCA.

DATED at Rotorua this 1st day of November 2016

Murray McKechnie

Chairman

(signed pursuant to Rule 91.14) 

BEFORE THE JUDICIAL COMMITTEE

AT TE RAPA

IN THE MATTER of the New Zealand Rules of Greyhound Racing

BETWEEN

RACING INTEGRITY UNIT

Steve Mulcay

Senior Stipendiary Steward

Informant

AND

David Schofield

Licensed Handler

Respondent

SUMMARY OF FACTS

I was the Steward in charge at the Waikato GRC’s meeting held at Cambridge Raceway on 01/09/16. Following the running of Race 6 Stipendiary Steward Warwick Robinson was approached by an elderly patron outside the kennelling area who stated that he wished to lodge a complaint regarding the conduct of licensed person David Schofield in the vicinity of the Clubhouse (on course bar area) during the course of the meeting and in particular during the running of the previous race. The complaint related to alleged foul and offensive language being used by Mr Schofield in proximity to the complainant, his wife and other licence holders.

Stipendiary Steward Robinson then brought Mr Schofield to the Chief Steward’s viewing room where Mr Schofield was interviewed in relation to the matter. He initially denied the allegation and was advised that further investigation would be conducted into the matter and that he would be contacted accordingly.

After questioning various licence holders subsequent to the meeting, there was considerable support for the complainant’s allegations and accordingly I sought approval from the General Manager of the RIU pursuant to Rule 91.2 a. to file an information charging Mr Schofield under Rule 87.1 o. with having misconducted himself during the meeting by using foul and offensive language in vicinity (sic) of the Clubhouse in proximity to other licensed persons and patrons.

The information was subsequently served on Mr Schofield on 14/09/16 by myself and Racecourse Investigator Andy Cruikshank at his property situated at 13 Paeti Road Huntly at approximately 11.30am. Mr Schofield signed the information and initially did not admit the breach of the Rule.

Mr Schofield has since given written notice to change his plea to admitting the breach and that he does not wish to attend a hearing, along with tendering submissions in relation to penalty.

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