??Thoughts on TC02 Penalty???

[broncobrad]

Correct me if I am wrong but if trainer Todd Mitchell from Cambridge was training in NSW would he now be serving a 10yr disqualification? Between 28/4 to 1/7/12 he incurred three TCO2 breaches of 36.4 & 36.5mmol/L. Would this person be viewed as unlucky or does it indicate habitual and ingrained training methods that are worth running the gauntlet for when you look at the penalty handed down and then as a reward? the authorities reduce the penalty. In NZ you get 12 months (plus fines) reduced to 9 months for the three breaches combined. In NSW under the penalty guidelines Class 2 you get 2yrs 1st offence, 5yrs 2nd offence and 10yrs 3rd offence.

http://www.harnesslink.com/www/Article.cgi?ID=99119 The Todd Mitchell story

http://www.harnesslink.com/www/Article.cgi?ID=98108 The NSW Guidelines

Thoughts??? Will NSW enforce their tough stance? I don't think it has been tested yet.

[teecee]

[QUOTE=broncobrad;22047]Correct me if I am wrong but if trainer Todd Mitchell from Cambridge was training in NSW would he now be serving a 10yr disqualification?
An interesting point. In NSW stewards would have passed sentence on the first charge and if you are correct 2 yrs out. (I personally haven't seen such a penalty handed down in NSW of 2 yrs first offence as yet). Such a sentence on the first charge would mean 2nd and 3rd offences not happening...i.e. no 10 years.
Between 28/4 to 1/7/12 he incurred three TCO2 breaches of 36.4 & 36.5mmol/L.
These counts were back in 2011.
Would this person be viewed as unlucky or does it indicate habitual and ingrained training methods that are worth running the gauntlet for when you look at the penalty handed down and then as a reward? the authorities reduce the penalty. In NZ you get 12 months (plus fines) reduced to 9 months for the three breaches combined.
The original penalty for 3 counts is 3 counts of 12 months concurrent.
This was varied on appeal to 9 months concurrent plus fines for 3 counts.
In NZ there is no concrete penalty per offence. It is at the sole discretion of the independent JCA panel upto a maximum level determined by the governin g body...HRNZ in this instance.
You can decide for yourself if he is lucky / unlucky by reading the FULL hearing report at
http://www.jca.org.nz/non-race-day-hearings/appeal-tw-mitchell-v-riu Appeal