NZ Metro TC – 14 October 2008 – Race 2

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startdate: 14/10/2008

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hearing_title: NZ Metro TC - 14 October 2008 - Race 2

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Rule 869 (3) (b) : Following the running of Race 2, Continentalman Standing at Nevele R Stud Mobile Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr W E Higgs, alleging that “Mr Higgs drove carelessly when attempting to shift DON’T’ KNOW WHY (D D Nyhan) outwards rounding the final bend causing his own horse to break”.

Rule 869 (3) (b) : Following the running of Race 2, Continentalman Standing at Nevele R Stud Mobile Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr W E Higgs, alleging that “Mr Higgs drove carelessly when attempting to shift DON’T’ KNOW WHY (D D Nyhan) outwards rounding the final bend causing his own horse to break”.

Mr Higgs was present at the hearing of the information and did not admit the breach

At the conclusion of the hearing, the hearing was adjourned and the Committee subsequently delivered the following oral decision:

“Mr Higgs has been charged with careless driving in Race 2 when, as the driver of NOBLE GALLEON, it was alleged, he attempted to shift DON’T KNOW WHY, driven by D D Nyhan, outwards rounding the final bend causing his own horse to break. I have listened to the evidence of both parties and I have carefully viewed the video evidence of the incident from a number of different angles.

Mr Ydgren alleged that Mr Higgs had tried to move Mr Nyhan outwards but that Mr Nyhan had an advantage at all times. Mr Nyhan had moved out from the one-out line into the three-wide line just before the turn. Mr Higgs moved out from the markers into the gap that was vacated by Mr Nyhan. Mr Higgs then attempted to move Mr Nyhan further out and Mr Ydgren demonstrated on the videos the angle to which Mr Higgs had turned his horse’s head and alleged that it showed the extent to which Mr Higgs was determined to come out regardless of the horse on his outside. Mr Higgs’ horse broke and lost considerable ground.

Mr Higgs, in his defence, also referred to the video evidence. He alleged, firstly, that his sulky wheel was ahead of Mr Nyhan’s at all relevant times. Secondly, he said that he had unsuccessfully attempted to ease Mr Nyhan out before Mr Nyhan moved him back in. At that point, Mr Higgs said, he conceded and went back on onto the back of the horse in front and his horse trotted for a couple of strides and then galloped. Thirdly, Mr Higgs said that NOBLE GALLEON had galloped, at some stage, in most of its previous race starts.

I am satisfied that Mr Higgs attempted to ease Mr Nyhan out but Mr Nyhan was entitled to hold his position – a fact that was conceded by Mr Higgs. Mr Higgs, nevertheless, persisted in his attempt to ease Mr Nyhan out after it became apparent that Mr Nyhan was not going to concede, resulting in Mr Higgs’ horse breaking. I do not accept that Mr Higgs had completed the attempt to move out and had restrained his horse before it went off stride.

I am satisfied that, in persisting in his attempt to move Mr Nyhan out, Mr Higgs drove without due care and attention and was outside the bounds of reasonable care. I, therefore, find the charge of careless driving proved.”  

In relation to penalty, Mr Ydgren said that Mr Higgs had a clear record as far as careless driving was concerned. He pointed out that only Mr Higgs’ horse was affected as a result of Mr Higgs’ actions. The horse was the 7^th favourite in an 11 horse field. He submitted that the offence was at the lower end of the scale.

In determining penalty, the Committee took into account the following:

1,   Mr Higgs’ previous good record;

2.   That the offence was at the lower end of the scale as submitted by Mr Ydgren;

3.   That there were no consequences to any other runner and the effect on the betting public was minimal; and

4.   The minor status of the Race.

Mr Higgs was fined the sum of $200.     

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.3.b

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race_title: Race 2

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meetdate: 14/10/2008

meet_title: NZ Metro TC - 14 October 2008

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name: NZ Metro TC