Methven TC 27 March 2011- R 9
ID: JCA16821
Meet Title:
Methven TC - 27 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/03/27
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised that Mr Nyhan was fined the sum of $200-00.
Charge:
Alleged unnecessary whip use.
Facts:
Following the running of Race 9, the Shearmac Aluminium & Joinery Ltd Handicap Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr R .P. Nyhan alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that Mr Nyhan used his whip in an unnecessary manner in the run home when driving “William Tell”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner;”
Mr Nyhan had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.
Submissions for Decision:
Mr Ydgren gave evidence and used video coverage to show that in the straight Mr Nyhan’s horse had broken and was out of contention from then on. When his horse regained its proper gait Mr Nyhan used his whip on the horse when it was clearly not necessary. Mr Ydgren said that Mr Nyhan had no relevant comments to make to him about this incident.
Reasons for Decision:
As Mr Nyhan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Ydgren advised that Mr Nyhan had no relevant previous convictions, and had admitted the breach. It was submitted that the starting point recommended by the Penalty Guide was a fine of $250-00 or a suspension for one week. Mr Ydgren submitted that a fine of $250-00 should be imposed in this case.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that this breach was admitted, and also that Mr Nyhan had no previous relevant convictions. We looked at penalties imposed for similar breaches of this Rule in the past, and found that a fine of $200-00 was the norm. We therefore decided that Mr Nyhan would be fined the sum of $200-00.
JCA Decision Fields (raw)
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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: a557504ccd98951bc8dde2771e3c4b90
informantnumber: 69436
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Methven TC 27 March 2011- R 9
charge:
Alleged unnecessary whip use.
facts:
Following the running of Race 9, the Shearmac Aluminium & Joinery Ltd Handicap Trot, an Information was filed by Stipendiary Steward Mr N. M. Ydgren against Open Horseman Mr R .P. Nyhan alleging a breach of Rule 869(2)(a) in that he used his whip unnecessarily.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(a) in that Mr Nyhan used his whip in an unnecessary manner in the run home when driving “William Tell”.
Rule 869(2)(a) reads as follows.
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner;”
Mr Nyhan had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren gave evidence and used video coverage to show that in the straight Mr Nyhan’s horse had broken and was out of contention from then on. When his horse regained its proper gait Mr Nyhan used his whip on the horse when it was clearly not necessary. Mr Ydgren said that Mr Nyhan had no relevant comments to make to him about this incident.
reasonsfordecision:
As Mr Nyhan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Ydgren advised that Mr Nyhan had no relevant previous convictions, and had admitted the breach. It was submitted that the starting point recommended by the Penalty Guide was a fine of $250-00 or a suspension for one week. Mr Ydgren submitted that a fine of $250-00 should be imposed in this case.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that this breach was admitted, and also that Mr Nyhan had no previous relevant convictions. We looked at penalties imposed for similar breaches of this Rule in the past, and found that a fine of $200-00 was the norm. We therefore decided that Mr Nyhan would be fined the sum of $200-00.
penalty:
On resuming the hearing we advised that Mr Nyhan was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N. Ydgren - Stipendiary Steward
JockeysandTrainer: Mr R. Nyhan
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f12efbd6de308998ef23c7083e671c8a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf80371e93b50e1bf4691d47be1113eb
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/03/2011
meet_title: Methven TC - 27 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}, {"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "220", "Total": "136.4", "kmprice": 136.40000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Methven TC