Gore HRC 19 February 2023 – R4 – Tom Nally
ID: RIB15949
Animal Name:
Robyn X
Code:
Harness
Race Date:
19/02/2023
Race Club:
Gore Harness Racing Club
Race Location:
Gore Racecourse - 136 Gore-Mataura Highway, Gore, 9772
Race Number:
R4
Hearing Date:
19/02/2023
Hearing Location:
Gore Racecourse
Outcome: Proved
Penalty: Junior Driver Tom Nally was fined $100
BACKGROUND
Following the running of Race 4 Robyn’s Treasure Fillies & Mares Mobile Pace, Junior Driver Tom Nally admitted a breach of Rule 869(7A)(a). Namely that ROBYN X driven by T Nally contacted a track marker passing the 650 metre mark.
The Respondent endorsed the Information, I do admit the breach of the Rule and confirmed he understood the Rule and the nature of the charge.
Rule 869(7A)(a) provides:
(7A) Every driver who moves inwards shall ensure
a) That contact is not made with any track marker.
Using available video footage, Stipendiary Steward Mr Davidson identified ROBYN X who was racing 4 back on the fence, contacting a track marker which was dislodged passing the 650 metre mark.
Mr Nally agreed with the summary.
DECISION
The charge is admitted by the Respondent and is therefore deemed proved.
SUBMISSIONS FOR PENALTY
Stipendiary Steward Mr Munro produced the Respondent’s record which was clear, although he had received a warning in October 2022 for the same offence.
Mr Munro states that Mr Nally was a busy Junior Driver having had 2019 lifetime drives, 75 last season and 32 this season.
Mr Munro states that the Penalty Guide provides for a starting point of a two drive suspension or a $100 fine for a breach of this Rule. He submitted a $100 fine be considered as a penalty in this case.
The Respondent gave no submissions on penalty.
REASONS FOR PENALTY
The Adjudicative Committee was satisfied that the video evidence is very clear. Mr Nally has made an error of judgement and has made contact with a track marker.
CONCLUSION
The Respondent Junior Driver Mr Tom Nally was fined the sum of $100.
Decision Date: 19/02/2023
Publish Date: 22/02/2023