NZ Metro TC – 21 July 2009 – Race 6
ID: JCA22638
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 21 July 2009
Race Date:
2009/07/21
Race Number:
Race 6
Decision:
Information No. 67772 filed by Stipendiary Steward, Mr N M Ydgren, following the running of Race 6, Paul Renwick Kitchen & Joinery Centre Handicap Trot, alleged that Licensed Open Horseman, Mr R P Nyhan, “misconducted himself when addressing Stipendiary Steward Mrs Kylie Williams”.
--
Information No. 67772 filed by Stipendiary Steward, Mr N M Ydgren, following the running of Race 6, Paul Renwick Kitchen & Joinery Centre Handicap Trot, alleged that Licensed Open Horseman, Mr R P Nyhan, “misconducted himself when addressing Stipendiary Steward Mrs Kylie Williams”.
--At the outset of the hearing, panellist Mr K G Hales announced that he had had a “professional involvement” with Mr Nyhan in the past. He recused himself and left the hearing.
--Mr Nyhan was present at the hearing of the information and admitted the breach which was found proved accordingly.
--Rule 303 provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself . . .
Mr Ydgren said that, following Race 6 in which Mr Nyhan had driven SUN RAYA, Mr Nyhan was requested to attend the Stipendiary Stewards room in relation to a racing incident in Race 6. Mr Ydgren said that when he entered the room, Mr Nyhan was “very vociferous in his opinion of Mrs Williams”. His tone and language were completely unacceptable and unprofessional as was the manner in which he persisted in this “verbal attack”.
--Mrs Williams said SUN RAYA had broken in the back straight in Race 6 and she had requested Mr Nyhan to attend in the Stipendiary Stewards room, after the Race, to review the film as to the reason for the horse’s breaking. During discussions, Mr Nyhan became “quite heated” and Mr Nyhan had called her a “vicious cow”. Mr Nyhan acknowledged to the Chairman that he had used those words to Mrs Williams. Mrs Williams said that Mr Nyhan had promptly apologised to her. Mrs Williams said that she ought to have the right to question a horseman over a racing incident without being subjected to such treatment.
--Mr Nyhan felt that he had been unfairly judged on the race incident involving his horse by Mrs Williams and had been sent by her from the room. He referred to the circumstances of the incident involving SUN RAYA but this was not strictly relevant to his subsequent behaviour, except that it may have explained his possible frustration with the horse’s performance.
--Mr Ydgren referred to the JCA Penalty Guide which recommended starting points of a fine of $200 for “relatively minor bad behaviour or bad language” and a fine of $500 and/or suspension for two weeks for “grossly offensive behaviour” if a licensed horseman. Mr Nyhan had let himself down and Mrs Williams had done nothing to warrant Mr Nyhan’s behaviour, Mr Ydgren said. He sought a fine in the vicinity of $500.
--Mr Nyhan had no submissions to make in relation to penalty.
--The Committee was satisfied that Mr Nyhan’s conduct was out of character but to use such language and term of abuse to a senior, female Stipendiary Steward was not acceptable. Mr Nyhan will surely, on reflection, agree that this is the case. However, Mr Nyhan was entitled to credit for his frank admission of the breach and for his prompt and sincere apology to Mrs Williams. Mr Nyhan’s conduct fell somewhere between the two situations set out in the Penalty Guide, in the Committee’s view.
--Mr Nyhan was fined the sum of $400.
R G McKenzie
CHAIR
67772
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: e04073061580607094850243b97d1892
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 21/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 21 July 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information No. 67772 filed by Stipendiary Steward, Mr N M Ydgren, following the running of Race 6, Paul Renwick Kitchen & Joinery Centre Handicap Trot, alleged that Licensed Open Horseman, Mr R P Nyhan, “misconducted himself when addressing Stipendiary Steward Mrs Kylie Williams”.
--
Information No. 67772 filed by Stipendiary Steward, Mr N M Ydgren, following the running of Race 6, Paul Renwick Kitchen & Joinery Centre Handicap Trot, alleged that Licensed Open Horseman, Mr R P Nyhan, “misconducted himself when addressing Stipendiary Steward Mrs Kylie Williams”.
--At the outset of the hearing, panellist Mr K G Hales announced that he had had a “professional involvement” with Mr Nyhan in the past. He recused himself and left the hearing.
--Mr Nyhan was present at the hearing of the information and admitted the breach which was found proved accordingly.
--Rule 303 provides as follows:
(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself . . .
Mr Ydgren said that, following Race 6 in which Mr Nyhan had driven SUN RAYA, Mr Nyhan was requested to attend the Stipendiary Stewards room in relation to a racing incident in Race 6. Mr Ydgren said that when he entered the room, Mr Nyhan was “very vociferous in his opinion of Mrs Williams”. His tone and language were completely unacceptable and unprofessional as was the manner in which he persisted in this “verbal attack”.
--Mrs Williams said SUN RAYA had broken in the back straight in Race 6 and she had requested Mr Nyhan to attend in the Stipendiary Stewards room, after the Race, to review the film as to the reason for the horse’s breaking. During discussions, Mr Nyhan became “quite heated” and Mr Nyhan had called her a “vicious cow”. Mr Nyhan acknowledged to the Chairman that he had used those words to Mrs Williams. Mrs Williams said that Mr Nyhan had promptly apologised to her. Mrs Williams said that she ought to have the right to question a horseman over a racing incident without being subjected to such treatment.
--Mr Nyhan felt that he had been unfairly judged on the race incident involving his horse by Mrs Williams and had been sent by her from the room. He referred to the circumstances of the incident involving SUN RAYA but this was not strictly relevant to his subsequent behaviour, except that it may have explained his possible frustration with the horse’s performance.
--Mr Ydgren referred to the JCA Penalty Guide which recommended starting points of a fine of $200 for “relatively minor bad behaviour or bad language” and a fine of $500 and/or suspension for two weeks for “grossly offensive behaviour” if a licensed horseman. Mr Nyhan had let himself down and Mrs Williams had done nothing to warrant Mr Nyhan’s behaviour, Mr Ydgren said. He sought a fine in the vicinity of $500.
--Mr Nyhan had no submissions to make in relation to penalty.
--The Committee was satisfied that Mr Nyhan’s conduct was out of character but to use such language and term of abuse to a senior, female Stipendiary Steward was not acceptable. Mr Nyhan will surely, on reflection, agree that this is the case. However, Mr Nyhan was entitled to credit for his frank admission of the breach and for his prompt and sincere apology to Mrs Williams. Mr Nyhan’s conduct fell somewhere between the two situations set out in the Penalty Guide, in the Committee’s view.
--Mr Nyhan was fined the sum of $400.
R G McKenzie
CHAIR
67772
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: dbb728660294cddece344b6c99b08abb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
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meetdate: 21/07/2009
meet_title: NZ Metro TC - 21 July 2009
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name: NZ Metro TC