Banks Peninsula TC – 27 November 2005 – Race 10
ID: JCA18581
Hearing Type (Code):
harness-racing
Meet Title:
Banks Peninsula TC - 27 November 2005
Race Date:
2005/11/27
Race Number:
Race 10
Decision: --
Following the running of Race 10, Morrison's Saddlery Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R P Nyhan, as the driver of KHAWYN in the race, alleging that Mr Nyhan "drove in a manner causing interference or likely to cause interference
--
DECISION AND REASONS:
--Following the running of Race 10, Morrison's Saddlery Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R P Nyhan, as the driver of KHAWYN in the race, alleging that Mr Nyhan "drove in a manner causing interference or likely to cause interference when moving out in front of TINTABELLA (M P Jones) causing this mare to break briefly interfering with its progress".
----Mr Nyhan did not admit the breach. In the Statement by the Defendant on the information form, Mr Nyhan noted that he wished the Judicial Committee to have regard to: "I took the gap that presented itself. Mr Jones' horse hung in, which is not my problem."
----Mr McIntyre sought leave to rely on the evidence adduced at the earlier protest hearing. The video replays of the alleged interference were again showed.
----Mr Nyhan submitted that, when Mr Jones pulled out to make his run, had he been making ground there would have been no room for him, Mr Nyhan, to get a gap at all. Mr Jones' horse was not going kindly at all, Mr Nyhan submitted.
----The Committee was not persuaded from the view that it had expressed following the protest hearing. The Committee was satisfied that Mr Nyhan had moved outwards when he was insufficiently clear of Mr Jones. Mr Jones was in a position that he was entitled to be in and received interference from Mr Nyhan which interference affected the chances of his horse and, accordingly, the Committee was satisfied that Mr Nyhan had driven in a manner causing or likely to cause interference in terms of Rule 869(4). The Informant had discharged the burden of proof and Mr Nyhan had presented no tenable defence. Accordingly, the charge was found to be proved.
----In relation to penalty, Mr McIntyre informed the Committee that Mr Nyhan had been a driver for many years. He is a professional horseman. His record shows he had no recent breaches for causing interference. Mr McIntyre said that the Stipendiary Stewards recommended a fine of $250-300 or, alternatively, a suspension of 2-3 days. Mr McIntyre pointed out, that as a consequence of Mr Nyhan's breach, a horse had been relegated.
----Mr Nyhan maintained that he had done nothing wrong but indicated that he would prefer a fine to a term of suspension.
----The Committee, in determining penalty, took into account Mr Nyhan's good driving record but, against that, was the significant aggravating factor, as pointed out by Mr McIntyre, that the relegation of KHAWYN from 2nd placing in the race was a consequence of Mr Nyhan's breach.
----Mr Nyhan was fined the sum of $300.
----Footnote:
--The Committee wishes to record its disappointment at Mr Nyhan's unprofessional, confrontational and belligerent manner during the course of the hearing of the charge. Mr Nyhan is a very senior, experienced and well-respected horseman of whom more controlled behaviour, befitting those qualities, could be expected.
------
JUDICIAL COMMITTEE
------JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 12505f4b4c4c7a8462fcbf4925ad031f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/11/2005
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Banks Peninsula TC - 27 November 2005 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 10, Morrison's Saddlery Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R P Nyhan, as the driver of KHAWYN in the race, alleging that Mr Nyhan "drove in a manner causing interference or likely to cause interference
--
DECISION AND REASONS:
--Following the running of Race 10, Morrison's Saddlery Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr R P Nyhan, as the driver of KHAWYN in the race, alleging that Mr Nyhan "drove in a manner causing interference or likely to cause interference when moving out in front of TINTABELLA (M P Jones) causing this mare to break briefly interfering with its progress".
----Mr Nyhan did not admit the breach. In the Statement by the Defendant on the information form, Mr Nyhan noted that he wished the Judicial Committee to have regard to: "I took the gap that presented itself. Mr Jones' horse hung in, which is not my problem."
----Mr McIntyre sought leave to rely on the evidence adduced at the earlier protest hearing. The video replays of the alleged interference were again showed.
----Mr Nyhan submitted that, when Mr Jones pulled out to make his run, had he been making ground there would have been no room for him, Mr Nyhan, to get a gap at all. Mr Jones' horse was not going kindly at all, Mr Nyhan submitted.
----The Committee was not persuaded from the view that it had expressed following the protest hearing. The Committee was satisfied that Mr Nyhan had moved outwards when he was insufficiently clear of Mr Jones. Mr Jones was in a position that he was entitled to be in and received interference from Mr Nyhan which interference affected the chances of his horse and, accordingly, the Committee was satisfied that Mr Nyhan had driven in a manner causing or likely to cause interference in terms of Rule 869(4). The Informant had discharged the burden of proof and Mr Nyhan had presented no tenable defence. Accordingly, the charge was found to be proved.
----In relation to penalty, Mr McIntyre informed the Committee that Mr Nyhan had been a driver for many years. He is a professional horseman. His record shows he had no recent breaches for causing interference. Mr McIntyre said that the Stipendiary Stewards recommended a fine of $250-300 or, alternatively, a suspension of 2-3 days. Mr McIntyre pointed out, that as a consequence of Mr Nyhan's breach, a horse had been relegated.
----Mr Nyhan maintained that he had done nothing wrong but indicated that he would prefer a fine to a term of suspension.
----The Committee, in determining penalty, took into account Mr Nyhan's good driving record but, against that, was the significant aggravating factor, as pointed out by Mr McIntyre, that the relegation of KHAWYN from 2nd placing in the race was a consequence of Mr Nyhan's breach.
----Mr Nyhan was fined the sum of $300.
----Footnote:
--The Committee wishes to record its disappointment at Mr Nyhan's unprofessional, confrontational and belligerent manner during the course of the hearing of the charge. Mr Nyhan is a very senior, experienced and well-respected horseman of whom more controlled behaviour, befitting those qualities, could be expected.
------
JUDICIAL COMMITTEE
------sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b566de59385545f4af1d877bdf5132ac
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a3892568b2f1c18c1f0e69cf312a5548
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/11/2005
meet_title: Banks Peninsula TC - 27 November 2005
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Banks Peninsula TC