Kurow TC – 7 August 2005 –

This was the hearing of an information filed at the above meeting and adjourned sine die heard at the meeting of New Zealand Metropolitan Trotting Club at Addington Raceway on Thursday, 11 August 2005.

Following the running of Race 9, Otematata Engineering/Keep It Clean Handicap Trot, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, MR R P Nyhan, alleging a breach of the push-out rule in that Mr Nyhan, as the driver of BILLY BOY in the race, forced WINONESOON (P M Williamson) to race wider on the track with approximately 1400 metres to run.

Mr Nyhan admitted the breach.

Mr McIntyre showed the incident on a video replay of the relevant part of the race. He pointed out, with approximately 1400-1500 metres to run, MARIE (M P Jones) electing to go 3-wide with Mr Nyhan on the back of that horse and Mr Williamson improving round. At that point, Mr Jones had gone forward. Mr Nyhan had gone back down but then came out again when Mr Williamson was outside his wheel and progressing forward. Mr Williamson was forced to race wider on the track.

Mr McIntyre recommended a fine of $300 based on Mr Nyhan's record ? he had breached the push-out rule 5 months ago and had been fined $200.

Mr Nyhan freely admitted that he had breached the push-out rule. In explanation, he said that he attempted to pull BILLY BOY back. A rubber tongue strap had broken and the horse's tongue had got over the bit. Mr Nyhan stated that he had decided to keep coming out and not risk interference to "the whole field" by staying put with his tongue over the bit and choking. He further stated that, when he did come out, he went as hard as he could to give Mr Williamson a chance to get in behind him before they reached the bend and not be kept 4-wide.

The Committee took into account Mr Nyhan's very frank admission of the breach and his explanation in mitigation. Mr Nyhan was fined the sum of $250.00.

CHAIRMAN