Rangiora HRC 19 December 2010 – R 9
ID: JCA15434
Meet Title:
Rangiora HRC - 19 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2010/12/19
Race Number:
R 9
Decision:
The charge was found proved.
Penalty:
Mr Nyhan was fined the sum of $250.
Charge:
Following the running of Race 9, North Canterbury Trotting Michael Carrigg Memorial Handicap Trot, Information No. 69274 was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr D D Nyhan, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that Mr Nyhan, as the driver of WITH INTENT in the race, he “shifter wider on the track with approximately 1300 metres to race forcing UNIQUE STAR (P N Jones) to race wider on the track”.
Facts:
Mr Nyhan was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr Jones said that, with approximately 1300 metres to run, he made a sudden forward movement. His horse was trotting quite quickly, he said. He then asked to view the video replays of the incident.
Mrs Williams then showed the replays. She pointed out WITH INTENT, driven by Mr Nyhan, racing in the one-out line. She pointed out Mr Jones, driving UNIQUE STAR, improving 3-wide. She submitted, by reference to the video, that there was “a clear gap” between Mr Nyhan and the horse he was following, MON STAR (R J Butt). Mrs Williams then showed that Mr Nyhan had eased out into the 3-wide line, forcing Mr Jones to race 4-wide, she submitted. Mrs Williams submitted that the nose of Mr Jones’ horse was almost on the rump of Mr Nyhan’s horse when Mr Nyhan came out. MON STAR had placed absolutely no pressure on Mr Nyhan’s horse, she alleged.
Mr Jones said that had happened “all of a sudden” but, after having viewed the replays, it looked “pretty clear”. Mr Jones agreed with Mrs Williams that MON STAR had no bearing on WITH INTENT’s racing position or with UNIQUE STAR being forced to race wider on the track. Mr Jones said that Mr Nyhan had come out prior to MON STAR making any movement outwards.
Mr Nyhan stated that he believed that Mr Jones was not quite at WITH INTENT’s wheel when he came out. He said that, when MON STAR came out, WITH INTENT nearly got “jammed” between UNIQUE STAR and MON STAR. He had let UNIQUE STAR go to avoid hitting its wheel.
Mr Nyhan referred to the video replays. He pointed out that SUN RAYA, which had been racing in the trail, had broken and he suggested that this was the reason for MON STAR moving out at that point. The runners following SUN RAYA had all moved out in a “concertina effect”. It all happened very quickly, Mr Nyhan submitted. If this had not happened, he could have eased back and let Mr Jones go.
Mrs Williams submitted that the breaking of SUN RAYA was an entirely separate incident. Mr Nyhan’s decision to move out was not related to the breaking of SUN RAYA.
As the Committee was preparing to retire to deliberate, Mr Nyhan said that he would not return for the Committee’s decision as he had to leave the course to travel home. Mr Nyhan was informed that the Committee would be able to give its decision quite quickly and strongly advised him to remain. When the Committee returned, following its deliberation, Mr Nyhan had departed. The hearing proceeded in his absence.
Reasons for Decision:
The Committee found the evidence of Mr Jones, the submissions of Mrs Williams and the video evidence to be quite compelling. In particular, the video evidence clearly showed that Mr Nyhan had elected to move out from the one-out line to the 3-wide line with approximately 1300 metres to run. In the meantime, Mr Jones had improved rapidly, 3-wide, to the point where the nose of his horse, UNIQUE STAR, was clearly in line with or past the sulky wheel of WITH INTENT. Mr Jones was, as a consequence, forced to race 4-wide.
The Committee had considered the submissions of Mr Nyhan that the incident was the result of the breaking of SUN RAYA and the subsequent disruption of the field at that point. However, it was again clear from the video evidence, supported by the evidence of Mr Jones, that the breach of the “push-out Rule” by Mr Nyhan had been completed prior to that incident. Mr Nyhan was not able to rely on that incident as a defence to this charge.
Submissions for Penalty:
Mr Nyhan was not present for penalty submissions (see above).
Mrs Williams informed the Committee that Mr Nyhan had a clear record. She submitted that the usual penalty for a breach of the “push-out Rule”, which is admitted and where the horseman has a good record, is a fine of $200. She submitted that, in this case, Mr Nyhan was not entitled to any discount of the penalty for admitting the breach.
Reasons for Penalty:
This was a clear case of breach of the “push-out Rule”. Mr Nyhan had elected to defend the charge and, therefore, is not entitled to rely upon admission of the breach as a mitigating factor. The only mitigating factor is his clear record.
The Committee believes that the starting point for a breach of the Rule is a fine of $250. This is usually discounted to $200 in cases in which the charge is admitted and the horseman has a good record. The Committee is of the view that no discount is warranted in the particular case.
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: 92cd16f215889843a12a5ff7d7e80801
informantnumber: 69274
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: Rangiora HRC 19 December 2010 - R 9
charge:
Following the running of Race 9, North Canterbury Trotting Michael Carrigg Memorial Handicap Trot, Information No. 69274 was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr D D Nyhan, alleging a breach of Rule 869 (4) and 869 (6) (b) & (c) in that Mr Nyhan, as the driver of WITH INTENT in the race, he “shifter wider on the track with approximately 1300 metres to race forcing UNIQUE STAR (P N Jones) to race wider on the track”.
facts:
Mr Nyhan was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
appealdecision:
isappeal:
submissionsfordecision:
Mr Jones said that, with approximately 1300 metres to run, he made a sudden forward movement. His horse was trotting quite quickly, he said. He then asked to view the video replays of the incident.
Mrs Williams then showed the replays. She pointed out WITH INTENT, driven by Mr Nyhan, racing in the one-out line. She pointed out Mr Jones, driving UNIQUE STAR, improving 3-wide. She submitted, by reference to the video, that there was “a clear gap” between Mr Nyhan and the horse he was following, MON STAR (R J Butt). Mrs Williams then showed that Mr Nyhan had eased out into the 3-wide line, forcing Mr Jones to race 4-wide, she submitted. Mrs Williams submitted that the nose of Mr Jones’ horse was almost on the rump of Mr Nyhan’s horse when Mr Nyhan came out. MON STAR had placed absolutely no pressure on Mr Nyhan’s horse, she alleged.
Mr Jones said that had happened “all of a sudden” but, after having viewed the replays, it looked “pretty clear”. Mr Jones agreed with Mrs Williams that MON STAR had no bearing on WITH INTENT’s racing position or with UNIQUE STAR being forced to race wider on the track. Mr Jones said that Mr Nyhan had come out prior to MON STAR making any movement outwards.
Mr Nyhan stated that he believed that Mr Jones was not quite at WITH INTENT’s wheel when he came out. He said that, when MON STAR came out, WITH INTENT nearly got “jammed” between UNIQUE STAR and MON STAR. He had let UNIQUE STAR go to avoid hitting its wheel.
Mr Nyhan referred to the video replays. He pointed out that SUN RAYA, which had been racing in the trail, had broken and he suggested that this was the reason for MON STAR moving out at that point. The runners following SUN RAYA had all moved out in a “concertina effect”. It all happened very quickly, Mr Nyhan submitted. If this had not happened, he could have eased back and let Mr Jones go.
Mrs Williams submitted that the breaking of SUN RAYA was an entirely separate incident. Mr Nyhan’s decision to move out was not related to the breaking of SUN RAYA.
As the Committee was preparing to retire to deliberate, Mr Nyhan said that he would not return for the Committee’s decision as he had to leave the course to travel home. Mr Nyhan was informed that the Committee would be able to give its decision quite quickly and strongly advised him to remain. When the Committee returned, following its deliberation, Mr Nyhan had departed. The hearing proceeded in his absence.
reasonsfordecision:
The Committee found the evidence of Mr Jones, the submissions of Mrs Williams and the video evidence to be quite compelling. In particular, the video evidence clearly showed that Mr Nyhan had elected to move out from the one-out line to the 3-wide line with approximately 1300 metres to run. In the meantime, Mr Jones had improved rapidly, 3-wide, to the point where the nose of his horse, UNIQUE STAR, was clearly in line with or past the sulky wheel of WITH INTENT. Mr Jones was, as a consequence, forced to race 4-wide.
The Committee had considered the submissions of Mr Nyhan that the incident was the result of the breaking of SUN RAYA and the subsequent disruption of the field at that point. However, it was again clear from the video evidence, supported by the evidence of Mr Jones, that the breach of the “push-out Rule” by Mr Nyhan had been completed prior to that incident. Mr Nyhan was not able to rely on that incident as a defence to this charge.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Nyhan was not present for penalty submissions (see above).
Mrs Williams informed the Committee that Mr Nyhan had a clear record. She submitted that the usual penalty for a breach of the “push-out Rule”, which is admitted and where the horseman has a good record, is a fine of $200. She submitted that, in this case, Mr Nyhan was not entitled to any discount of the penalty for admitting the breach.
reasonsforpenalty:
This was a clear case of breach of the “push-out Rule”. Mr Nyhan had elected to defend the charge and, therefore, is not entitled to rely upon admission of the breach as a mitigating factor. The only mitigating factor is his clear record.
The Committee believes that the starting point for a breach of the Rule is a fine of $250. This is usually discounted to $200 in cases in which the charge is admitted and the horseman has a good record. The Committee is of the view that no discount is warranted in the particular case.
penalty:
Mr Nyhan was fined the sum of $250.
hearing_type: Hearing
Rules: 869(4) and 869 (6)(b) and (c)
Informant: K R Wiiliams, Stipendiary Steward
JockeysandTrainer: D D Nyhan, Licensed Open Horseman
Otherperson: Mr P N Jones, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 2e8b465f0a9e4d2b248f700d75c8da74
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race_title: R 9
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meet_title: Rangiora HRC - 19 December 2010
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