Amberley TC 3 January 2011 – R 9
ID: JCA14545
Meet Title:
Amberley TC - 3 January 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/01/03
Race Number:
R 9
Decision:
As Mr Nyhan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
We then advised the hearing that Mr Nyhan was fined the sum of $200-00.
Charge:
Following the running of Race 9, the Clarkville Feeds Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr B. G. Nyhan alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b) and (c) in that with approx. 1100m to run B. G. Nyhan (Barney Boy) shifted CODE OF HONOUR (S. R. McNally) from three wide to four wide – alleged breach of the push out rule.”
Rules 869(4), (6)(b) and (c) relating to the “push out” rule reads as follows.
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Facts:
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.
Mr Escott gave evidence and used video coverage to show that Mr Nyhan had pushed Mr McNally wider on the track at the 1100 metre mark, as described in the Information.
Submissions for Penalty:
In relation to penalty Mr Escott advised that Mr Nyhan had no previous convictions for a breach of this Rule, and as it was admitted he submitted that a fine of $200-00 should be imposed.
Reasons for Penalty:
In considering the matter of an appropriate penalty we took into account that Mr Nyhan had admitted the breach, and also that he had no previous relevant convictions. On looking at the Penalty Guide and penalties imposed for similar breaches we decided that a fine of $200-00 should be imposed in this case.
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: 90d512fdf27d1f4a0c75b1a4b66808de
informantnumber: 69339
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Amberley TC 3 January 2011 - R 9
charge:
Following the running of Race 9, the Clarkville Feeds Mobile Pace, an Information was filed by Chief Stipendiary Steward Mr N. R. Escott against Open Horseman Mr B. G. Nyhan alleging a breach of Rule 869(4), (6)(b) and (c), the “push out” Rule.
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4), (6)(b) and (c) in that with approx. 1100m to run B. G. Nyhan (Barney Boy) shifted CODE OF HONOUR (S. R. McNally) from three wide to four wide – alleged breach of the push out rule.”
Rules 869(4), (6)(b) and (c) relating to the “push out” rule reads as follows.
“(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(a)….
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
facts:
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.
Mr Escott gave evidence and used video coverage to show that Mr Nyhan had pushed Mr McNally wider on the track at the 1100 metre mark, as described in the Information.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Nyhan had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
In relation to penalty Mr Escott advised that Mr Nyhan had no previous convictions for a breach of this Rule, and as it was admitted he submitted that a fine of $200-00 should be imposed.
reasonsforpenalty:
In considering the matter of an appropriate penalty we took into account that Mr Nyhan had admitted the breach, and also that he had no previous relevant convictions. On looking at the Penalty Guide and penalties imposed for similar breaches we decided that a fine of $200-00 should be imposed in this case.
penalty:
We then advised the hearing that Mr Nyhan was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(4), (6)(b) and (c)
Informant: Mr NR Escott - Chief Stipendiary Steward
JockeysandTrainer: Mr BG Nyhan - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a59ca6df6c28bdf33d277149ec75dfff
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a02974a4163c7e6f064b3b3c515ed27a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/01/2011
meet_title: Amberley TC - 3 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: Amberley TC