NZ Metro TC 25 January 2011 – R 7
ID: JCA13646
Meet Title:
NZ Metro TC - 25 January 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
JMillar
Race Date:
2011/01/25
Race Number:
R 7
Decision:
Taking all the above matters into consideration we were satisfied that this charge had been proved.
On resuming the hearing we found that Mr Nyhan was not present. The Stipendiary Stewards spent some time trying to find Mr Nyhan, but finally ascertained that he had left the course. We then advised that we would provide a written decision with full reasons later, and we gave the following oral decision.
“Having heard the evidence, and having seen the video coverage we are satisfied that with about 300 metres to run “Take For Granted” moved into a challenging position, and shortly after was in second place vying for the lead.
Mr Nyhan did not use his whip until very late in the race, and was beaten into second place. We find that Mr Nyhan misjudged the situation and thought he would win the race without more vigorous driving.
We are satisfied that Mr Nyhan did not take any demonstrable or discernable actions to drive his horse out to the end of the race, and we find the charge proved.”
Penalty:
On resuming the hearing we advised that Mr Nyhan was fined the sum of $500-00.
Charge:
Following the running of Race 7, the Crazed At Woodlands Stud Mobile Trot, an information was filed by Stipendiary Steward Mr S. P. Renault against Mr D. D. Nyhan, the driver of “Take For Granted” (5), alleging that he had committed a breach of Rule 868(3).
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 868(3) in that D. D. Nyhan (Take For Granted) failed to drive this horse out in the run home when finishing 2nd”
Rule 868(3) reads as follows.
”(3) Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth, or sixth”
Mr Nyhan had indicated on the Information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Nyhan also agreed that he understood the charge and the Rule it was brought under.
Facts:
Mr Renault gave evidence and used video coverage to show that in this race “Take For Granted” (5) had been towards the rear of the field at the 800 metre mark. From that point it made steady progress, and after entering the home straight it was in second place and vying for the lead with “Stormy Loch” (9).
Mr Renault said that in the straight Mr Nyhan had done nothing to urge his horse on until very late in the race when he had used his whip very lightly on about five occasions. At the finish “Take For Granted” had been beaten into second place by an official margin of 1½ lengths. It was Mr Renault’s case that when other drivers in this situation would have been getting busy driving their horse out, Mr Nyhan did nothing until very late in the race.
Mr Renault also gave evidence that in his opinion “Take For Granted” was not trotting roughly. It was clear, Mr Renault said, that Mr Nyhan had taken no demonstrable and discernable actions to drive his horse out as required by the Rules, and that there was no reason for him not to do so.
Mr Nyhan gave evidence and said that at the start his horse had “knuckled over” behind, and this was illustrated by means of video coverage. He said that after this incident his horse was not trotting right, and for this reason he believed that his horse might have broken had he used his whip. He also said that in the home straight his horse was not travelling well, and was hanging.
Mr Nyhan asked that video coverage of Race 10 at NZMTC on 21 January 2011 be shown as he wanted to illustrate the racing manners of his horse. This was done. In this race “Take For Granted” got well back early and finished well back, never threatening the place getters. It was noticed that Mr Nyhan used his whip lightly on about 12 occasions in the straight. Mr Nyhan said that he was using the video of the race on 21 January 2011 to illustrate that his horse does not have “quick speed”.
In relation to the race on 21 January 2011 we could see nothing that was relevant to the present charge.
Mr Nyhan also gave evidence that coming up the straight he still thought that he was going to win and that was why the whip was not turned around. He also said that that the horse that won (“Stormy Loch”) usually gets tired towards the end of a race. Mr Nyhan said that the reason why he did not use his whip and drive more vigorously was because his horse might have broken.
In answer to a question from Mr Renault, Mr Nyhan said that that thought he was going to win the race without turning the whip.
Submissions for Decision:
Mr Renault made submissions that Mr Nyhan was required by the Rules to drive his horse out to the end of the race, and that it was clear from the video coverage that he had not done so.
Mr Nyhan made submissions that his horse might have broken had he driven it more vigorously.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage. We were satisfied that Mr Nyhan’s horse had been running on when entering the home straight. For most of the straight Mr Nyhan had sat quite still and had taken no demonstrable or discernable actions to drive his horse out. Although Mr Nyhan had used his whip lightly on about five occasions towards the end of the race, it was too little and too late.
It is well established that the test in relation to this Rule is an objective one, and an alleged breach is to be considered by objective standards and not by the subjective views of the driver. The Rule requires a demonstration of tactics which can, by objective standards, be said to show that a horse was driven out to the end of the race. In particular we took account of the complete lack of any urgency on the part of Mr Nyhan, until it was too late, in the home straight.
We did not accept that “Take For Granted” was showing any signs that it might break during the run home, and we reject Mr Nyhan’s evidence on this point. It is also very significant that Mr Nyhan believed that he would win the race without driving his horse more vigorously. This proved not to be the case. In any event, whether or not “Take For Granted” would or would not have won the race with a more vigorous drive is irrelevant. It remains a driver’s responsibility to drive his horse out to the end of a race where he has a reasonable chance of finishing in the first six places. The betting public should be left in no doubt that the horse they backed has been well tried.
Mr Nyhan’s evidence has been set out above in general terms. We now quote two statements he made during his evidence which we consider indicates to his state of mind during the closing stages of the race.
“I thought she was going to win without having to turn the whip round. And then when she never came on I turned the whip round and just touched her a couple of times.”
And a little later –
“If you look at the form of the horse that won, it’s got no form at all and it usually gets tired.”
Submissions for Penalty:
Mr Renault advised that Mr Nyhan has no previous relevant convictions. He referred to the Penalty Guide which recommends a starting point of a $500-00 fine and/or a suspension of 4 weeks. Mr Renault made submissions that a fine of $500-00 should be imposed in this case.
It was unfortunate that Mr Nyhan chose not to attend this hearing as we would have appreciated his submissions as to an appropriate penalty.
We adjourned to consider the matter of an appropriate penalty.
Reasons for Penalty:
We firstly took into account the Penalty Guide. We also looked at recent penalties imposed for a breach of this Rule. Fines ranged from $400-00 to $600-00, and there were also suspensions imposed of between 3 days and 6 weeks.
We took into account that Mr Nyhan had no previous relevant convictions and decided that a fine of $500-00 should be imposed in this case.
JCA Decision Fields (raw)
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hearingid: 53301e6913ee3f7f54b754888d858980
informantnumber: 69460
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: NZ Metro TC 25 January 2011 - R 7
charge:
Following the running of Race 7, the Crazed At Woodlands Stud Mobile Trot, an information was filed by Stipendiary Steward Mr S. P. Renault against Mr D. D. Nyhan, the driver of “Take For Granted” (5), alleging that he had committed a breach of Rule 868(3).
The charge reads as follows.
“I the above named informant allege that the above named Defendant committed a breach of Rule 868(3) in that D. D. Nyhan (Take For Granted) failed to drive this horse out in the run home when finishing 2nd”
Rule 868(3) reads as follows.
”(3) Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running first, second, third, fourth, fifth, or sixth”
Mr Nyhan had indicated on the Information that he did not admit this breach of the Rules and he confirmed this at the hearing. Mr Nyhan also agreed that he understood the charge and the Rule it was brought under.
facts:
Mr Renault gave evidence and used video coverage to show that in this race “Take For Granted” (5) had been towards the rear of the field at the 800 metre mark. From that point it made steady progress, and after entering the home straight it was in second place and vying for the lead with “Stormy Loch” (9).
Mr Renault said that in the straight Mr Nyhan had done nothing to urge his horse on until very late in the race when he had used his whip very lightly on about five occasions. At the finish “Take For Granted” had been beaten into second place by an official margin of 1½ lengths. It was Mr Renault’s case that when other drivers in this situation would have been getting busy driving their horse out, Mr Nyhan did nothing until very late in the race.
Mr Renault also gave evidence that in his opinion “Take For Granted” was not trotting roughly. It was clear, Mr Renault said, that Mr Nyhan had taken no demonstrable and discernable actions to drive his horse out as required by the Rules, and that there was no reason for him not to do so.
Mr Nyhan gave evidence and said that at the start his horse had “knuckled over” behind, and this was illustrated by means of video coverage. He said that after this incident his horse was not trotting right, and for this reason he believed that his horse might have broken had he used his whip. He also said that in the home straight his horse was not travelling well, and was hanging.
Mr Nyhan asked that video coverage of Race 10 at NZMTC on 21 January 2011 be shown as he wanted to illustrate the racing manners of his horse. This was done. In this race “Take For Granted” got well back early and finished well back, never threatening the place getters. It was noticed that Mr Nyhan used his whip lightly on about 12 occasions in the straight. Mr Nyhan said that he was using the video of the race on 21 January 2011 to illustrate that his horse does not have “quick speed”.
In relation to the race on 21 January 2011 we could see nothing that was relevant to the present charge.
Mr Nyhan also gave evidence that coming up the straight he still thought that he was going to win and that was why the whip was not turned around. He also said that that the horse that won (“Stormy Loch”) usually gets tired towards the end of a race. Mr Nyhan said that the reason why he did not use his whip and drive more vigorously was because his horse might have broken.
In answer to a question from Mr Renault, Mr Nyhan said that that thought he was going to win the race without turning the whip.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault made submissions that Mr Nyhan was required by the Rules to drive his horse out to the end of the race, and that it was clear from the video coverage that he had not done so.
Mr Nyhan made submissions that his horse might have broken had he driven it more vigorously.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage. We were satisfied that Mr Nyhan’s horse had been running on when entering the home straight. For most of the straight Mr Nyhan had sat quite still and had taken no demonstrable or discernable actions to drive his horse out. Although Mr Nyhan had used his whip lightly on about five occasions towards the end of the race, it was too little and too late.
It is well established that the test in relation to this Rule is an objective one, and an alleged breach is to be considered by objective standards and not by the subjective views of the driver. The Rule requires a demonstration of tactics which can, by objective standards, be said to show that a horse was driven out to the end of the race. In particular we took account of the complete lack of any urgency on the part of Mr Nyhan, until it was too late, in the home straight.
We did not accept that “Take For Granted” was showing any signs that it might break during the run home, and we reject Mr Nyhan’s evidence on this point. It is also very significant that Mr Nyhan believed that he would win the race without driving his horse more vigorously. This proved not to be the case. In any event, whether or not “Take For Granted” would or would not have won the race with a more vigorous drive is irrelevant. It remains a driver’s responsibility to drive his horse out to the end of a race where he has a reasonable chance of finishing in the first six places. The betting public should be left in no doubt that the horse they backed has been well tried.
Mr Nyhan’s evidence has been set out above in general terms. We now quote two statements he made during his evidence which we consider indicates to his state of mind during the closing stages of the race.
“I thought she was going to win without having to turn the whip round. And then when she never came on I turned the whip round and just touched her a couple of times.”
And a little later –
“If you look at the form of the horse that won, it’s got no form at all and it usually gets tired.”
Decision:
Taking all the above matters into consideration we were satisfied that this charge had been proved.
On resuming the hearing we found that Mr Nyhan was not present. The Stipendiary Stewards spent some time trying to find Mr Nyhan, but finally ascertained that he had left the course. We then advised that we would provide a written decision with full reasons later, and we gave the following oral decision.
“Having heard the evidence, and having seen the video coverage we are satisfied that with about 300 metres to run “Take For Granted” moved into a challenging position, and shortly after was in second place vying for the lead.
Mr Nyhan did not use his whip until very late in the race, and was beaten into second place. We find that Mr Nyhan misjudged the situation and thought he would win the race without more vigorous driving.
We are satisfied that Mr Nyhan did not take any demonstrable or discernable actions to drive his horse out to the end of the race, and we find the charge proved.”
sumissionsforpenalty:
Mr Renault advised that Mr Nyhan has no previous relevant convictions. He referred to the Penalty Guide which recommends a starting point of a $500-00 fine and/or a suspension of 4 weeks. Mr Renault made submissions that a fine of $500-00 should be imposed in this case.
It was unfortunate that Mr Nyhan chose not to attend this hearing as we would have appreciated his submissions as to an appropriate penalty.
We adjourned to consider the matter of an appropriate penalty.
reasonsforpenalty:
We firstly took into account the Penalty Guide. We also looked at recent penalties imposed for a breach of this Rule. Fines ranged from $400-00 to $600-00, and there were also suspensions imposed of between 3 days and 6 weeks.
We took into account that Mr Nyhan had no previous relevant convictions and decided that a fine of $500-00 should be imposed in this case.
penalty:
On resuming the hearing we advised that Mr Nyhan was fined the sum of $500-00.
hearing_type: Hearing
Rules: 868(3)
Informant: Mr SP Renault - Stipendiay Steward
JockeysandTrainer: Mr DD Nyhan - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 22f029d21ffd9fc3c097fceb27816685
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9514df737d4c5275ee018f47ab85caba
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/01/2011
meet_title: NZ Metro TC - 25 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC