Cheviot HRC – 13 March 2005 – Race 1

Following the running of Race 1, Magpies Rest Caf? & Cheviot Hammer Hardware Trot, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr R P Nyhan, alleging that Mr Nyhan, as the driver of UNWANTED in the Race, with approximately 1800 metres to run shifted out when racing on the back of HARRIET HUGHES resulting in SHIMMIE SHOOK SHOOK (B N Orange) being forced out 3-wide when improving.

Mr Nyhan did not admit the breach.

Mr B D Williams, Deputy Stipendiary Steward, who had observed the incident from the patrol box at the end of the back straight, showed the incident on video replays. He pointed out HARRIET HUGHES (S R McNally) racing 3^rd, with Mr Nyhan 4^th on UNWANTED. The lead horses were on the running line and Mr Orange, who was running 4^th was always in a position one off the running line, Mr Williams said. He pointed out Mr Orange improving on the outside of Mr Nyhan, at which point Mr McNally shifted out from the running line to outside the wheel of the trailing horse. Mr Orange was forced 3-wide when Mr Nyhan shifted out to follow Mr McNally. After being forced 3-wide, Mr Orange subsequently restrained and dropped in onto the back of Mr Nyhan. Mr Orange was on the outside of Mr Nyhan and going forward when Mr McNally moved out.

Mr Orange said that he was racing 4^th and did not wish to get trapped on the markers. He decided to progress one out in the hope of HARRIET HUGHES, the favourite, moving out and giving him

cover. He had moved up outside of Mr Nyhan's horse when Mr McNally pulled out. Mr Nyhan followed Mr McNally's horse, as a result of which he had been forced 3-wide. Mr Orange confirmed that HARRIET HUGHES had been in the running line prior to Mr McNally's pulling out when he saw Mr Orange improving. He said he believed that he had been forced wide by Mr Nyhan in breach of the pushout Rule. Mr Nyhan did not contest the evidence of Mr Orange.

Mr Nyhan said that UNWANTED was a 3-year-old and "quite green" and he had been told not to race on the markers. Mr Nyhan said that he had indicated that he wished to come out and Mr McNally came out before him. Mr Nyhan said that, when HARRIET HUGHES moved out, he elected to stay on its back to trail it. He submitted that the chances of Mr Orange's horse were not affected as he was able to restrain back and get cover.

The Committee, after a consideration of the evidence, was satisfied that the Informant had succeeded in proving the following matters:

1. That Mr Orange was making a forward move;

2. That, in doing so, he was forced to race wider on the track;

3. That Mr Nyhan had moved ground outwards when the nose of Mr Orange's horse was in line with or past Mr Nyhan's sulky wheel; and

4. Mr Orange was forced to race wider on the track as a consequence of Mr Nyhan's moving ground outwards.

Having found the above matters to be proved, the Committee is satisfied that the charge of breaching the pushout Rule has been proved.

Mrs Williams recommended a fine in the range of $200-250. When asked by the Committee, Mr Williams said that Mr Nyhan had a clear record.

Mr Nyhan elected not to make any submissions in relation to penalty. Mr Nyhan, when asked by the Committee, said that he could not remember the last occasion on which he had appeared on a breach of the Rules.

Having regard to all matters and, in particular, the excellent driving record of Mr Nyhan notwithstanding that he has only a limited number of raceday drives, Mr Nyhan was fined the sum of $200.00.