Racing Forum - Craig Newitt

" rel="nofollow - Newitt found guilty in Leone Chiara inquiry

02 APR 2004 | RACING VICTORIA

Racing Victoria Stewards on Friday continued their inquiry into the circumstances surrounding the running of Leone Chiara in the Highways Tabaret Handicap run at Sandown on the 15th November, 2003.

Parties attending the inquiry today were: Mr C. Newitt, (represented by barrister Mr D. Hallowes), Mr A. Cullen (represented by barrister Mr M. Rush,) Mr G. Newitt (represented by barrister Mr G. Henderson), Mr M. Gauci (also represented by Mr G. Henderson) and Mr D. Schmitt.

Mr Rush made a submission in respect of the form of some of the charges, a submission which was adopted by Mr Hallowes and Mr Henderson.

After considering the submission, the Stewards decided to withdraw some of the charges which involved multiple alleged instances of false evidence, and to replace those charges with fresh charges.

The new set of charges, totalling 42 in all, cover the same matters as the previous set of 29 charges.

The charges and particulars of the charges are attached.

The Stewards then proceeded to hear the defence of the charges.

In respect of each charge a finding of guilty was made, with the exception of charge 12 against Mr C. Newitt and charge 8 against Mr Cullen (the conspiracy charges) and charge 16 against Mr Cullen (the failing to give evidence charge).

As to the conspiracy charges, whilst Stewards were satisfied that Mr C. Newitt and Mr Cullen did agree to the giving of false evidence before the Stewards relating to their relationship and to telephone conversations, the Stewards decided that as they had been charged with actually giving false evidence it was inappropriate to proceed with the conspiracy charge in relation to that evidence.

As to the failing to give evidence charge against Mr Cullen, the Stewards expressed concern at the delay in providing the requested records, but as the records have now been provided they decided not to proceed with this charge.

The Stewards imposed the following penalties to be served concurrently:

Mr C. Newitt:  18 months disqualification on each charge
Mr A Cullen:  2 years disqualification on each charge
Mr G. Newitt:  9 months disqualification on each charge
Mr D. Schmitt: 9 months disqualification on each charge
Mr M. Gauci  6 months disqualification

In imposing penalty the Stewards took into account the following matters:

1. The lies were premeditated and of such a nature that they must have been the product of some prior agreement or arrangement between the parties to give false evidence to the inquiry.
2. They were sustained over the course of 4 sitting days where Craig Newitt and Anthony Cullen, in particular were required to give evidence.
3. The lies were designed to deceive and mislead the Stewards as to the true nature of the relationship between Craig Newitt and Anthony Cullen.
4. The inherent unlikelihood and unbelievable nature of some of the evidence given (eg Daniel Schmitt's account of answering phones while driving a car to Bendigo) was demonstrative of an attitude of contempt toward the inquiry
5. The Stewards have an overriding obligation to preserve and protect the integrity of racing in Victoria. Stewards inquiries are an indispensable process in discharging that obligation. The Stewards have been criticised in some quarters for the ongoing nature of this inquiry. Stewards have a duty to investigate evidence given at inquiries which causes them concern and in this case, defies belief. Any delay which has occurred here is entirely of the making of the parties called to give evidence.
6. The penalties are designed to send a message to the racing community that false evidence given to Stewards inquiries will not be tolerated and will be met with severe punishment.
7. The persistent nature of the offending by Craig Newitt and Anthony Cullen over the course of several sitting days means that a penalty had to be imposed which specifically deterred them from engaging in this sort of conduct in the future.

The charges and particulars of the charges were as follows:

CHARGES AGAINST C NEWITT

1. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in relation to conversations with bookmakers before on and after 15 November 2003.
Particulars
A. You denied that you had spoken to bookmakers at all at any time (P 9).

2. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in relation to conversations with bookmakers before on and after 15 November 2003.
Particulars
A. You denied that you had spoken to any bookmaker on 15 November 2003 (P 9).

3. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in denying that you knew any bookmaker.
Particulars
A. You denied knowing any bookmakers (P 12).

4. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in denying that you knew Anthony Cullen was a bookmaker.
Particulars
A. You stated that you could not be 100% sure but thought that he was a plumber (P 14).

5. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in denying that you knew Anthony Cullen was a bookmaker.
Particulars
A. You stated that you were not aware that Anthony Cullen was a bookmaker (P 15).

CHARGES AGAINST C NEWITT cont'd

6. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in denying that you had any conversation with Anthony Cullen in the days leading up to 15th November 2003 on the 15th November 2003 and subsequently.

Particulars
A. You denied speaking to Anthony Cullen by telephone or in person (P 50).

7. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in relation to telephone conversations between you and Anthony Cullen.

Particulars
A. You stated that you did not speak by telephone to Anthony Cullen (P 87).

8. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in relation to telephone conversations between you and Anthony Cullen.

Particulars
A. You stated that on 15 November 2003 you did not speak by telephone to Anthony Cullen (P 88 to P 95).

9. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in relation to telephone conversations between you and Anthony Cullen.

Particulars
A. You stated that on 16 November 2003 you did not speak by telephone to Anthony Cullen (P 96 to P 99).

10. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in respect of your movements and conversations with Anthony Cullen on 16 November 2003.
Particulars
A. You stated that on 16 November 2003 you did not visit or speak to Anthony Cullen (P 99 to 100).
CHARGES AGAINST C NEWITT cont'd

11. AR 175(g): Charge: at the Stewards' inquiry on 22 January 2004 at Melbourne you gave false evidence in relation to telephone conversations with Anthony Cullen on 12 and 13 November 2003.
Particulars
A. You denied that you had spoken to Anthony Cullen by telephone on the 12 and 13 November 2003 (P 169 to P170, P 177 to P 179).

12. AR 175(l): Charge: at a time between 15 November 2003 and 18 December 2003 you conspired with Anthony Cullen to commit a breach of the Rules by agreeing upon the content of false evidence to be given to the Stewards at Stewards' inquiries held into the circumstances surrounding the running of Leone Chiara at Sandown on 15 November 2003.

Particulars
1. At a time between 15 November 2003 and the 18 December 2003, you and Anthony Cullen agreed to give false evidence to the Stewards in respect of -
(a) The nature of the relationship between you and Anthony Cullen
(b) Conversations between you and Anthony Cullen
(c) Telephone conversations between you and Anthony Cullen.

2. At the Stewards' inquiries on 18 December 2003, 12 January and 22 January 2004 you and Anthony Cullen gave false evidence in respect of:
(a) The nature of the relationship between you and Anthony Cullen
(b) Conversations between you and Anthony Cullen
(c) Telephone conversations between you and Anthony Cullen.

13. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone conversations with Anthony Cullen on 6 October 2003.

Particulars
A. You denied speaking by telephone to Anthony Cullen on 6 October 2003 (P 346 and P 348).

CHARGES AGAINST C NEWITT cont'd

14. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone conversations with Anthony Cullen on 6 December 2003.
Particulars
A. You denied speaking on the telephone to Anthony Cullen on 6 December 2003 (P 351).

15. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to a telephone conversation with Anthony Cullen on 23 November 2003.
Particulars
A. You denied speaking by telephone to Anthony Cullen on 23 November 2003 (P 346).

16. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to mobile telephone number 0400 100 438.
Particulars
A. You stated that you had received calls on that number from an unknown female caller (P363-P366).

17. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to mobile telephone number 0400 100 438.
Particulars
A. You stated that you had made calls to that number and had spoken to an unknown female person. (P363-366).

CHARGES AGAINST A CULLEN

1. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in relation to your relationship with Craig Newitt.
Particulars
A. You stated that you had only met Craig Newitt two or three times (P 31).

CHARGES AGAINST A CULLEN cont'd

2. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in relation to your relationship with Craig Newitt.
Particulars
A. You stated that you had never had a really long conversation with Craig Newitt (P 31).

3. AR 175(g): Charge: at the Stewards' inquiry on 18 December 2003 at Melbourne you gave false evidence in relation to whether Craig Newitt knew you were a bookmaker.
Particulars
A. You stated that you did not know whether Craig Newitt knew you were a bookmaker (P 34).

4. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in relation to telephone conversations between you and Craig Newitt.
Particulars
A. You stated that you did not speak by telephone to Craig Newitt (P 105).

5. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in relation to telephone conversations between you and Craig Newitt.
Particulars
A. You stated that on 16 November 2003 you did not speak by telephone to Craig Newitt (P 110 to P 112).

6. AR 175(g): Charge: at the Stewards' inquiry on 12 January 2004 at Melbourne you gave false evidence in respect of your contact with Craig Newitt on 16 November 2003.
Particulars
A. You stated that on 16 November 2003 you were not visited by Craig Newitt nor did you speak to Craig Newitt (P 110 to P 112) on that day.

CHARGES AGAINST A CULLEN cont'd

7. AR 175(g): Charge: at the Stewards' inquiry on 22 January 2004 at Melbourne you gave false evidence in relation to telephone conversations with Craig Newitt on 12 and 13 November 2003.
Particulars
A. You denied that you had spoken to Craig Newitt by telephone on either 12 or 13 November 2003 (P 118, P 180 to P 181, P 187 to P 190).

8. AR 175(l): Charge: at a time between 15 November 2003 and 18 December 2003 you conspired with Craig Newitt to commit a breach of the Rules by agreeing upon the content of false evidence to be given to the Stewards at Stewards' inquiries held into the circumstances surrounding the running of Leone Chiara at Sandown on 15 November 2003.

Particulars
1. At a time between 15 November 2003 and the 18 December 2003, you and Craig Newitt agreed to give false evidence to the Stewards in respect of -
(a) the nature of the relationship between you and Craig Newitt;
(b) conversations between you and Craig Newitt;
(c) telephone conversations between you and Craig Newitt.

2. At the Stewards' inquiries on 18 December 2003, 12 January and 22 January 2004 you and Craig Newitt gave false evidence in respect of:
(a) the nature of the relationship between you and Craig Newitt;
(b) conversations between you and Craig Newitt;
(c) telephone conversations between you and Craig Newitt.

9. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone conversations with Craig Newitt on 6 October 2003.
Particulars
A. You denied speaking by telephone to Craig Newitt on 6 October 2003 (P 310 to P 312).

10. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone conversations with Craig Newitt on 6 December 2003.
Particulars
A. You denied speaking by telephone to Craig Newitt on 6 December 2003 (P 313).

11. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to a telephone conversation with Craig Newitt on 23 November 2003.
Particulars
A. You denied speaking by telephone to Craig Newitt on 23 November 2003 (P 313).

12. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to a telephone conversation with Craig Newitt on 23 November 2003.
Particulars
A. You stated that Michael Gauci spoke to Craig Newitt using your telephone on 23 November 2003 (P313).

13. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to mobile telephone number 0400 100 438.
Particulars
A. You stated that you knew nothing about that number (P367).

14. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to mobile telephone number 0400 100 438.
Particulars
A. You stated that you had never received a call on that number (P367-P368).

15. AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to mobile telephone number 0400 100 438.
Particulars
A. You stated that you did not know of VIP Pty Ltd (P368-P369).

16. AR 175(f): Charge: You failed to give evidence as required to the Stewards' inquiry when requested by the Stewards to do so, that evidence being:
· SMS records relating to mobile telephone service 0418 311 802 for the period 1 October 2003 through to 31 December 2003
which records were required to be produced to the Stewards on or before Tuesday, 16 March 2004.
CHARGES AGAINST G NEWITT

1. AR 175(g): Charge: at the Stewards' inquiry on 22 January 2003 at Melbourne you gave false evidence in denying that you knew Anthony Cullen was a bookmaker prior to the Stewards' inquiry on 18 December 2003.
Particulars
A. You stated that you did not know Anthony Cullen was a bookmaker from the time you met him until the inquiry commenced (P 145).

2. AR 175(g): Charge: at the Stewards' inquiry on 22 January 2004 at Melbourne you gave false evidence in relation to telephone conversations between Craig Newitt and Anthony Cullen.
Particulars
A. You stated that on the evening of 15 November 2003 you spoke to Anthony Cullen using Craig Newitt's phone (P 247).

3. AR 175(g): Charge: at the Stewards' inquiry on 22 January 2004 at Melbourne you gave false evidence in respect of Craig Newitt's contact with Anthony Cullen on 16 November 2003.

Particulars
A. You denied that Craig Newitt went with you to see Anthony Cullen at his home on 16 November 2003 (P 232 to P 235).

4. AR 175(g): Charge: at the Stewards' inquiry on 22 January 2004 at Melbourne you gave false evidence in respect of Craig Newitt's contact with Anthony Cullen on 16 November 2003.

Particulars
A. You stated that on 16 November 2003 you spoke with Anthony Cullen on numerous occasions using Craig Newitt's telephone (P 152 to P 163, P 232 to P 236).

CHARGES AGAINST D SCHMITT

1. Rule AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone calls between the telephones used by C Newitt (0438 319 802) and A Cullen (0418 311 802) on 12 and 13 November 2003.

Particulars
A. You stated that you spoke to Anthony Cullen whilst driving your motor vehicle to Bendigo Races on 12 November (P 269 to P 270).

2. Rule AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone calls between the telephones used by C Newitt (0438 319 802) and A Cullen (0418 311 802) on 12 and 13 November 2003.

Particulars
A You stated that you spoke to Anthony Cullen on the morning of 13 November (P 268).

3. Rule AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in respect of your claiming to have accompanied C. Newitt to Tasmania between 22 and 24 November 2003.
Particulars
A. You stated that you probably went to Tasmania with Craig Newitt on or about 22 November 2003 (P 275 to P 277).

4. Rule AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in respect of your claiming to have accompanied C. Newitt to Tasmania between 22 and 24 November 2003.
Particulars
A. You stated that you accompanied Craig Newitt to Tasmania between 22 and 24 November 2003 (P 276 to P 278).

CHARGE AGAINST M GAUCI

1. Rule AR 175(g): Charge: at the Stewards' inquiry on 11 February 2004 at Melbourne you gave false evidence in relation to telephone conversations between Anthony Cullen and Craig Newitt on 23 November 2003.

Particulars
A. You stated that on 23 November 2003 you spoke with Craig Newitt using Anthony Cullen's telephone (P 320 to P 321).

General

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