Greymouth TC – 16 March 2008 – Race 9
ID: JCA20072
Hearing Type (Code):
harness-racing
Meet Title:
Greymouth TC - 16 March 2008
Race Date:
2008/03/16
Race Number:
Race 9
Decision:
Following the running of race 9, an Information was lodged against RP Nyhan, the driver of TWITCHIT, alleging a breach of Rule 869(3)(b), in that he drove carelessly with aproximately 300metres to run when shifting out, checking LADY MARGOT
Following the running of race 9, an Information was lodged against RP Nyhan, the driver of TWITCHIT, alleging a breach of Rule 869(3)(b), in that he drove carelessly with aproximately 300metres to run when shifting out, checking LADY MARGOT
--(D Forbes) onto BUSTER KEATON (P Davis).
----Mr Nyhan admitted the breach; the charge is found proved.
----After briefly explaining the circumstances, Mr Escott said that Mr Nyhan had indicated he had mitigating circumstances and he asked Mr Nyhan to elaborate.
----Mr Nyhan said that his horse TWITCHIT is a good beginner but, for the first time, she threw her head up at the start and got the overcheck caught up on the harness, keeping her head up, and he had difficulty during the whole race. He said he did not want to disguise the fact that he had caused the interference but, when he came out to challenge, her head was up and out to the right and she ran out further than was wanted.
----Referring to the video of the race, Mr Escott pointed out the incident which showed Mr Nyhan move out approaching the home turn, badly checking LADY MARGOT (D Forbes), which was outside him, causing that horse to break, and costing it any chance. He said that Mr Nyhan may have had difficulty but he took a gamble on coming out as he did, knowing the horse may not have been tractable at that stage.
----Mr Nyhan added that he did try to pull her (TWITCHIT) back but there was no question she caused the interference.
----In respect to penalty, Mr Escott said that Mr Nyhan had only one similar indiscretion in some 42 drives this season and, on that occasion (June) he received a $200.00 fine. He sought either a fine in the order of $400-$500 or a suspension in this case.
------
--
Mr Nyhan indicated he had drives for the second day, and at Addington on Tuesday. He repeated that he did have problems which he believed contributed to the interference and he respectfully preferred a monetary penalty to a suspension.
----Penalty:
----In this case, Mr Nyhan has admitted a breach of Rule 869(3)(b) in that he drove carelessly on TWITCHIT when shifting out and checking LADY MARGOT.
----We have heard the circumstances leading to the interference, that is, the difficulties at the start regarding a horse that is usually foolproof, and I accept that that occurred. However, the fact is that LADY MARGOT, approaching the home turn in a challenging position, copped that interference as TWITCHIT moved out, and lost all chance in the race. It also allegedly - but there was no evidence on this - pushed that horse onto BUSTER KEATON which fortunately was able to keep going and went on to win the race.
----This is a penalty that can be dealt with by way of a suspension or fine. Having heard what has been explained and the open admission - Mr Nyhan accepts that interference occurred, and he openly admitted the breach - I am satisfied a fine will suffice.
----However, a horse did lose its chance in the race and it is his second breach under the Rule. Mr Nyhan is fined the sum of $400.00.
----This is also a situation where the provisions of Rule 1114(2A) are not inappropriate and, accordingly, $200.00 of that sum is to be awarded to the connections of LADY MARGOT. This horse, when approaching the home turn, was put out of the race by the interference, and was the only horse materially affected.
------
P.H.Welch
--Chairman
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: 6e46c94cb4e825a79dd206f6afdb3c8b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/03/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Greymouth TC - 16 March 2008 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of race 9, an Information was lodged against RP Nyhan, the driver of TWITCHIT, alleging a breach of Rule 869(3)(b), in that he drove carelessly with aproximately 300metres to run when shifting out, checking LADY MARGOT
Following the running of race 9, an Information was lodged against RP Nyhan, the driver of TWITCHIT, alleging a breach of Rule 869(3)(b), in that he drove carelessly with aproximately 300metres to run when shifting out, checking LADY MARGOT
--(D Forbes) onto BUSTER KEATON (P Davis).
----Mr Nyhan admitted the breach; the charge is found proved.
----After briefly explaining the circumstances, Mr Escott said that Mr Nyhan had indicated he had mitigating circumstances and he asked Mr Nyhan to elaborate.
----Mr Nyhan said that his horse TWITCHIT is a good beginner but, for the first time, she threw her head up at the start and got the overcheck caught up on the harness, keeping her head up, and he had difficulty during the whole race. He said he did not want to disguise the fact that he had caused the interference but, when he came out to challenge, her head was up and out to the right and she ran out further than was wanted.
----Referring to the video of the race, Mr Escott pointed out the incident which showed Mr Nyhan move out approaching the home turn, badly checking LADY MARGOT (D Forbes), which was outside him, causing that horse to break, and costing it any chance. He said that Mr Nyhan may have had difficulty but he took a gamble on coming out as he did, knowing the horse may not have been tractable at that stage.
----Mr Nyhan added that he did try to pull her (TWITCHIT) back but there was no question she caused the interference.
----In respect to penalty, Mr Escott said that Mr Nyhan had only one similar indiscretion in some 42 drives this season and, on that occasion (June) he received a $200.00 fine. He sought either a fine in the order of $400-$500 or a suspension in this case.
------
--
Mr Nyhan indicated he had drives for the second day, and at Addington on Tuesday. He repeated that he did have problems which he believed contributed to the interference and he respectfully preferred a monetary penalty to a suspension.
----Penalty:
----In this case, Mr Nyhan has admitted a breach of Rule 869(3)(b) in that he drove carelessly on TWITCHIT when shifting out and checking LADY MARGOT.
----We have heard the circumstances leading to the interference, that is, the difficulties at the start regarding a horse that is usually foolproof, and I accept that that occurred. However, the fact is that LADY MARGOT, approaching the home turn in a challenging position, copped that interference as TWITCHIT moved out, and lost all chance in the race. It also allegedly - but there was no evidence on this - pushed that horse onto BUSTER KEATON which fortunately was able to keep going and went on to win the race.
----This is a penalty that can be dealt with by way of a suspension or fine. Having heard what has been explained and the open admission - Mr Nyhan accepts that interference occurred, and he openly admitted the breach - I am satisfied a fine will suffice.
----However, a horse did lose its chance in the race and it is his second breach under the Rule. Mr Nyhan is fined the sum of $400.00.
----This is also a situation where the provisions of Rule 1114(2A) are not inappropriate and, accordingly, $200.00 of that sum is to be awarded to the connections of LADY MARGOT. This horse, when approaching the home turn, was put out of the race by the interference, and was the only horse materially affected.
------
P.H.Welch
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b, 1114.2A
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8c0b40dd4205b4dd01e71576d68bc1b2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9971433bfdc0cf961db8f918b26b3d84
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2008
meet_title: Greymouth TC - 16 March 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: greymouth-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Greymouth TC