NZ Metro TC – 29 July 2005 – Race 2

Following the running of Race 2, the McCrory Thomas Travel Trot, an information was laid by Stipendiary Steward Mrs K. R. Williams against Mr D. D. Nyhan the driver of "Just Begun" (5) alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that D. D. Nyhan (Just Begun) shifted in with approximately 50m to run resulting in Good Charlotte (D. D. McCormick) breaking."

Rule 869(3)(b) reads as follows.

"No horseman in any race shall drive carelessly."

Mr Nyhan indicated on the information that he did not admit the breach

of this rule, and he confirmed this at the hearing.

Stipendiary Steward Mr B. Williams showed video coverage of this incident from various angles. The allegation was that Mr Nyhan had allowed his horse to move inwards when he was driving it with the whip, and that he had made contact with Mr McCormick's horse which broke. Mr Williams also said that Mr Nyhan did not take corrective action until it was too late.

Mrs Williams called Mr McCormick to give evidence and this witness said that Mr Nyhan's horse had moved inwards, and that it had eventually come into contact with his horse causing it to break. In answer to a question from Mr Nyhan the witness agreed that he (Mr Nyhan) had grabbed hold of his horse, but by that time it was too late.

Mr Nyhan gave evidence that his horse had shifted inwards but that he had taken hold of his horse at the first opportunity. Mr Nyhan did not consider that he had driven his horse carelessly.

After hearing the evidence I adjourned to consider my decision. The evidence was clear that Mr Nyhan had been driving his horse with the whip and that it had moved inwards eventually making contact with Mr McCormick's horse causing it to break.

On returning to the Enquiry Room I gave the following oral decision.

"Having heard the evidence and having seen the video coverage I am satisfied Mr Nyhan's horse ran in when being driven with the whip. This movement inwards was gradual and Mr Nyhan made no attempt to correct this movement until he made contact with Mr McCormick's horse. Mr Nyhan should have corrected the movement sooner and I find the charge proved."

Penalty: Mrs Williams advised that Mr Nyhan had one previous conviction within the last 12 months for a breach of the "push out" rule. A fine of $250-00 was recommended.

Mr Nyhan said he though the suggested penalty was "extremely severe". He was asked if he would prefer a suspension to a fine. Mr Nyhan said that he would prefer a suspension but when this was being discussed he said he would accept a fine and left the inquiry room.

After considering the question of penalty I was satisfied that a fine of $250-00 was quite appropriate and Mr Nyhan was fined that amount.

Chairman