IN THE DISCIPLINARY
ENQUIRY HELD AT THE KIMBERLEY
In the matter
between:
THE KIMBERLEY
and
DARIUS MENTOR THE
PLAYER
PROPOSED SANCTION
1.
The above Disciplinary Enquiry
was held on 5 December 2014 at the Kimberley Golf Club (herein after the Club).
2.
The Club was represented by Mr.
O. Cronje, whilst Mr Mentor represented himself.
3.
The allegations levelled
against Mr Mentor are fully set out in the Notice of the Disciplinary Hearing,
but can be summarised as follows:
3.1
That Mr Mentor, after
completion of his round during the Barney Barnato Tournament (herein after the
Tournament) and specifically on 29 October 2014, re-wrote his score card or
allowed it to be re-written and thereafter signed same as being correct;
3.2
That Mr Mentor submitted this
score card to the Committee, which bore a marker’s signature other than that of
his marker namely Giep Joubert;
3.3
That Mr Mentor failed to ensure
that his score card was scored from the first hole played; and
3.4
That the score card submitted
by Mr Mentor reflected an incorrect score of gross 76 and 46 individual
Stableford points.
4.
Mr Mentor pleaded guilty on all
four allegations and was subsequently found guilty on the allegations set out
in paragraphs 3.1, 3.2 and 3.4 supra,
whilst the Club abandoned the allegation set out in paragraph 3.3 herein above.
5.
It should be mentioned that Mr
Mentor confirmed receiving the Notice of the Enquiry and also that he took
cognizance of his rights during the enquiry.
6.
Both parties were afforded the
opportunity to address the Chairperson before a recommendation regarding a
proper sanction be made.
7.
The respective parties’
submissions may be summarised as is set out herein under.
MR. D. MENTOR:
8.
He is 48 years of age, has been
playing golf for approximately one year and has a handicap of 12.
9.
He admitted that he did wrong,
but submitted that he was never properly introduced to the golf course itself
or to the proper way of scoring.
10.
He submitted that he was given
a form to sign by the Club, but that he never read same and therefore did not
know that he would pick up problems with what he did.
11.
He furthermore submitted that
he re-wrote his card because his marker for the round did not properly mark his
score and he therefore re-wrote the card due to the fact that he thought that
there might be problems with the initial entries on the card.
12.
Mr Mentor furthermore stated
that his conduct is not the exception to the rule in the Club, since he has
seen other players do the same.
13.
Mr Mentor then requested that a
suspended sanction be imposed on him, because he did not act intentionally.
THE CLUB:
14.
Mr Cronje on behalf of the Club
called a witness to testify in aggravation and mitigation and then also argued
in aggravation and mitigation.
15.
The witness on behalf of the
Club was the Club Manager Mr David Charles Walter Wilson, and his testimony may
be summarised as follows:
15.1
Mr Mentor did confirm the score
of gross 76 and 46 Stableford points after the round and did not plead that he
had a problem with his marker during the round.
15.2
Mr Mentor did submit a letter
to Mr Venter, the Director of Golf at the Club, which letter was acknowledged
by Mr Mentor and was handed up as Exhibit “A”.
15.3
In the mentioned letter, Mr
Mentor effectively admitted his wrongdoing and specifically that he altered his
initial score card and that the scores which was entered on his “new” score
card, reflected incorrect scores and points.
15.4
Mr Wilson furthermore stated
that Mr Mentor did not receive any prize during the prize-giving later that
particular evening, due to the fact that he (Mr Mentor) was disqualified
because of his conduct.
15.5
Mr Wilson however stated that
the allegations levelled against Mr Mentor were of a very serious nature, since
same breaches the integrity of the Club, the Tournament as well as golf in
general.
15.6
Mr Wilson alluded to the fact
that conduct, such as the conduct displayed by Mr Mentor, has potential
disastrous consequences for the Club, specifically financially in nature, due
to the fact that the Tournament is the largest of its kind in Kimberley
15.7
Mr Wilson stated that the
Committee takes a very dim view on conduct such as this and has in the past,
instituted severe penalties for similar offences.
16.
Mr Cronje argued along the same
lines as the above and emphasised the seriousness of Mr Mentor’s conduct as
well as the following:
16.1
That exceptional scores such as
the score entered by Mr Mentor, will win tournaments and also prizes;
16.2
That Mr Mentor’s conduct boils
down to fraud and forgery;
16.3
That golf is played on a competing basis and
that integrity is therefore of the utmost importance; and
16.4
That, although it appears as if
Mr Mentor loves the sport, Mr Mentor also needs to show integrity.
17.
Mr Cronje then argued that a
severe sanction should be imposed on Mr Mentor to also show other Club members
that conduct such as this, will not be tolerated.
18.
Mr Cronje asked for:
18.1
A life long ban of Mr Mentor
from the Tournament;
18.2
A 2-year suspension of Mr
Mentor’s membership with the Club; and
18.3
A suspension of Mr Mentor from
competitions at the Club once he has served the suspension of his Club
membership.
REASONS FOR THE PROPOSED SANCTION:
19.
Although this Disciplinary
Enquiry is by no means a criminal trial, I deemed it necessary to consider my
recommendation as to a proper sanction, based on the same principles applied by
criminal courts when considering sentence in a criminal trial, namely:
19.1
The seriousness of the
offence/conduct;
19.2
The personal circumstances of
the offender; and
19.3
The interests of society (in
this instance the Club and its other members).
20.
I have to agree that the
conduct displayed by Mr Mentor is of a very serious nature, not only because it
is fraudulent in nature but also and perhaps specifically, because of the fact
that it makes a complete mockery of the integrity of the game of golf as well
as the integrity expected of players of the game.
21.
It is indeed so that the
Tournament is perhaps the biggest drawing card in the golfing fraternity in the
Northern Cape
22.
I took into consideration Mr
Mentor’s contention that he was never properly introduced to the course or the
rules of golf and that he never read the document handed to him by the Club
which he had to sign and apparently did sign.
23.
I also took cognizance of Mr
Mentor’s contention that he saw other Club members do the same and that he
never knew that he may not do what he did.
24.
I find Mr Mentor’s arguments
unconvincing to say the least, because it appears that he attempts to shift the
blame for his conduct on others and, despite admitting his wrongdoing, still
does not really accept full responsibility for what he did.
25.
I took into consideration the
fact that a problem did exist with Mr Mentor’s marker on the day, which was
admitted to by the Club, but I am still of the opinion that the ultimate
responsibility to submit correct scores, rests with the player and not the
people around him.
26.
I furthermore did take into
consideration the fact that Mr Mentor pleaded guilty to the allegations and
that he, to some extent, took responsibility for his actions and also that he
appeared to be genuinely remorseful about his actions.
27.
Mr Mentor furthermore undertook
to refrain from similar conduct in future.
28.
I also took into consideration
the fact that Mr Mentor ultimately did not benefit from his actions and that he
was suspended from the Tournament, which in itself should have been rather
embarrassing.
29.
The question however remains as
to what Mr Mentor would have benefitted, had he not been caught out, but since
no evidence to this effect was tendered, the question remains rhetorical.
30.
With regards to the interests
of the Club and its members, it should be remembered that I am to protect their
interests and not their opinion.
31.
It has been stated already that
the Tournament is a huge financial injection for the Club, but the Tournament
also serves to promote the Club and Kimberley
32.
Any toleration of conduct such
as Mr Mentor’s conduct can therefore only tarnish the reputation of the Club
and the Tournament.
33.
I still find it inconceivable
why players can not make peace with their limitations as golfers and simply
enjoy the privilege of playing in a Tournament such as the Barney Barnato.
34.
The game of golf and
specifically the scoring system during tournaments and competitions have been
designed to also make lesser players competitors for prizes without such lesser
player having to revert to underhand methods to compete (I am referring to the
handicap system).
35.
The above being said, I share
Mr Cronje’s view that a suspended sanction in this instance will not suffice,
but I not share his views that the sanction should be imposed to satisfy the
opinion of the members of the Club, although it should be sufficient to deter
other members from doing the same.
RECOMMENDED SANCTION:
36.
In view of the above, I
recommend that the following sanction be imposed on Mr Mentor:
36.1
That Mr Mentor be banned from
playing in the Barney Barnato Tournament for the next 20 years;
36.2
That Mr Mentor’s membership of
the Kimberley Golf Club be suspended for a period of 18 months;
36.3
That after the expiry of the above
period of 18 months and upon Mr Mentor’s return to the Club as a member, Mr
Mentor be banned from playing in any tournaments or competitions held by the
Club, for a period of 12 months.
DATED AT KIMBERLEY
_____________________________
A.D. OLIVIER
CHAIRPERSON
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