Methven TC 5 September 2010 -R 8
ID: JCA22647
Hearing Type (Code):
harness-racing
Meet Title:
Methven TC - 5 September 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/09/05
Race Number:
R 8
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N M Ydgren, Stipendiary Steward
--Defendant: R P Nyhan, Licensed Open Driver
--Information No: 69304
--Meeting: Methven Trotting Club
--Date: 5 September 2010
--Venue: Methven
--Race: 8
--Rule No: 869 (3) (b)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 8, Oxford Club Handicap Trot, Information No. 69304 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R P Nyhan, alleging a breach of Rule 869 (3) (b) in that Mr Nyhan, as the driver of WILLIAM TELL in the Race, “drove carelessly when striking the wheel of SMART SEEKER (P N Jones) rounding the final bend”.
----
Mr Nyhan had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that did not wish to be present at the hearing of the information.
----
Rule 869 provides as follows:
--(3) No horseman in any race shall drive:-
--(b) carelessly.
----
SUBMISSIONS:
--Mrs Ydgren showed a video replay of the incident. He pointed out Mr Nyhan driving WILLIAM TELL racing three back and one out approaching the home turn, following the stablemate, SMART SEEKER. At that point, Mr Nyhan pulled out and, in doing so, his horse struck the sulky wheel of SMART SEEKER, galloped and lost all chance.
----
Mr Ydgren said that Mr Nyhan had been very frank in admitting that he had struck the wheel. He also said that Mr Jones’ sulky had a punctured tyre upon returning to the birdcage after the race. It was a clear-cut case, Mr Ydgren submitted.
----
DECISION:
--The charge was found proved.
----
SUBMISSIONS ON PENALTY:
--Mr Ydgren informed the Committee that Mr Nyhan had no recent breaches of the Rule.
----
Mr Ydgren submitted that a fine of $200 was appropriate.
----
REASONS:
--The Committee took into account, in determining penalty, Mr Nyhan’s admission of the breach and his previous good record. It was a clear error of judgement on Mr Nyhan’s part.
----
--
PENALTY:
--Mr Nyhan was fined the sum of $200.
----
--
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: e1bcb35ac3b81073553fb97e95aac67a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/09/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Methven TC 5 September 2010 -R 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: N M Ydgren, Stipendiary Steward
--Defendant: R P Nyhan, Licensed Open Driver
--Information No: 69304
--Meeting: Methven Trotting Club
--Date: 5 September 2010
--Venue: Methven
--Race: 8
--Rule No: 869 (3) (b)
--Judicial Committee: R G McKenzie, Chairman – S C Ching, Committee Member
--Plea: Admitted
----
FACTS:
--Following the running of Race 8, Oxford Club Handicap Trot, Information No. 69304 was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr R P Nyhan, alleging a breach of Rule 869 (3) (b) in that Mr Nyhan, as the driver of WILLIAM TELL in the Race, “drove carelessly when striking the wheel of SMART SEEKER (P N Jones) rounding the final bend”.
----
Mr Nyhan had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that did not wish to be present at the hearing of the information.
----
Rule 869 provides as follows:
--(3) No horseman in any race shall drive:-
--(b) carelessly.
----
SUBMISSIONS:
--Mrs Ydgren showed a video replay of the incident. He pointed out Mr Nyhan driving WILLIAM TELL racing three back and one out approaching the home turn, following the stablemate, SMART SEEKER. At that point, Mr Nyhan pulled out and, in doing so, his horse struck the sulky wheel of SMART SEEKER, galloped and lost all chance.
----
Mr Ydgren said that Mr Nyhan had been very frank in admitting that he had struck the wheel. He also said that Mr Jones’ sulky had a punctured tyre upon returning to the birdcage after the race. It was a clear-cut case, Mr Ydgren submitted.
----
DECISION:
--The charge was found proved.
----
SUBMISSIONS ON PENALTY:
--Mr Ydgren informed the Committee that Mr Nyhan had no recent breaches of the Rule.
----
Mr Ydgren submitted that a fine of $200 was appropriate.
----
REASONS:
--The Committee took into account, in determining penalty, Mr Nyhan’s admission of the breach and his previous good record. It was a clear error of judgement on Mr Nyhan’s part.
----
--
PENALTY:
--Mr Nyhan was fined the sum of $200.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(3)(b)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6c6f517d94a40e109239b00928b4762c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bf44c603227224604a2c2e5c0d87b369
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/09/2010
meet_title: Methven TC - 5 September 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Methven TC