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Timaru HRC 5 January 2019 - R 5 - Chair, Mr D Anderson

Created on 07 January 2019

DAnderson (chair)
Mr S McNally - Open Driver
Mr N Ydgren - Chief Stipendiary Steward
Mrs C Tibbs - Stipendiary Steward
Information Number
Careless Driving

Following the running of Race 5, the Night N Day Park & Morrison’s Saddlery Mobile Pace, an Information was filed by Stipendiary Steward, Mrs C Tibbs, against Open Driver Mr S McNally alleging that. “You Shifted inwards moving into the first bend when not clear of PACIFIC CHAL causing that runner along with SHOT IN THE DARK and LILAC CHANGE to be checked”.

Mr McNally had signed the Information admitting the breach and was present at the hearing.

Rule 869(3) (b) provides as follows:
(3) no horseman in any race shall drive:
(b) carelessly

Mrs Tibbs with the assistance of Mr Ydgren identified Mr McNally leaving the mobile gate from barrier three and heading for the front. Mr Ydgren pointed to PACIFIC CHAL, who started from barrier two, being restrained to take a trailing position. He said Mr McNally has pushed forward but shifted in and has made contact with PACIFIC CHAL’S offside front leg who immediately galloped and collected SHOT IN THE DARK which was racing inside PACIFIC CHAL, causing this horse to gallop.

LILAC CHANGE which started one on the second row and was trailing SHOT IN THE DARK had to take evasive action moving inside the markers resulting in this horse losing many lengths by the time it re-entered the track and re-joined the race.

Mr McNally said that moving into the first bend Mr Hope, KATIE DALY, who was on his outside had started to move inwards and although he called to him and Mr Hope straightened, this he felt instigated the general inward movement.

Mr McNally then showed the previous start of his horse MARIANA BROMAC to the Committee to give credence of its hanging tendencies. The video was unclear, of poor quality and had no relevance to the incident in today’s race. The Committee’s only assumption was Mr McNally having had previous experience with this horse, should have taken more care when shifting ground.


Mr McNally having admitted the breach; the charge was found proved.

Submission For Penalty:

Mrs Tibbs said Mr McNally was a busy driver and had 251 drives last season and 134 this season. She said the Stewards would be seeking a suspension as penalty and had calculated Mr McNally would drive on average 4 to 5 times a meeting. With interference to 3 horses she said they were seeking an uplift from the starting point of 10 drives. Mrs Tibbs said Mr McNally’s good record and admission should be taken into account and the Stewards would be asking for a 3-day suspension as penalty.

Mr McNally said Mrs Tibbs submission sounded fair but would like to ask the Committee to consider a fine, which at that juncture was declined.

Deferment was discussed but Mr McNally said it wouldn’t help and was happy for any suspension to start after Oamaru on the 8th January where drivers were already confirmed.

Reasons For Penalty:

The JCA penalty Guidelines for the rule provides a $500 fine or a 10-drive suspension. The Committee agrees a suspension is appropriate in this case.

The aggravating factors are, Mr McNally has caused significant interference to 3 runners. Instead of taking up handy positions they were badly checked and thereafter destined to race in the back half of the field giving them only a slim chance of finishing in a stake and dividend bearing placing.

The mitigating factors are Mr McNally’s good record and admission of the breach.

The Committee having regard for the above factors, considered a suspension of 3 days was an appropriate penalty in this case.


Accordingly, Mr McNally’s licence to drive is suspended from the conclusion of racing on 8 January 2019 up to and including racing 16 January 2019.

Meetings encompassed in this suspension are: 11 January 2019 at Nelson, 13 January 2019 at Nelson, 16 January 2019 at Timaru.

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