Wairio TC 11 February 2024 – R8 (heard 18 February 2024) – Tom Nally

Mr Munro alleged that in Race 8, Mr Nally (EMERALD ABBEY) drove carelessly in that he shifted ground inwards abruptly leaving the final bend placing MAGIC SIGN in restricted room with both runners locking wheels.

Miss Haley demonstrated the incident on the videos. The Respondent was one out and one back outside Mr Dalgety (MAGIC SIGN) as the field fanned out when they straightened for the run down the home straight. Mr Nally shifted inwards looking for a run and forced Mr Dalgety down. Mr Dalgety had nowhere to go, and the carts locked wheels.

Mr Munro said Mr Nally had moved too soon and had pulled out of the move too late.

Mr Williamson said it was a misjudgement. Mr Nally had shifted too early. He should have waited for 3 or 4 more strides. He emphasised that Mr Nally had tried to pull his horse away.  Mr Nally said he had made his move 2 metres too soon. Once he realised he had put Mr Dalgety in difficulty, he had tried to relieve the pressure.

Decision

As Mr Nally has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Nally has had 19 drives this season and 184 the last. His record is clear in the past 12 months. Mr Munro stated the breach was mid-range, in that both Mr Nally’s horse and MAGIC SIGN suffered interference. He noted that the Respondent was a busy Southland Junior Driver, had admitted the breach and had a clear record.

Reasons for Penalty

Mr Nally has driven carelessly by allowing his runner to shift ground inwards near the 250 metres and lock wheels with MAGIC SIGN. As he has acknowledged, he has simply shifted too soon. The Penalty Guide provides a starting point of a 2-day suspension or a $500 fine for a first mid-range breach of the careless driving rule where the chances of 2 horses have been affected. Mitigating factors are that Mr Nally is a Junior Driver, has a  good record under this rule, and has admitted the breach. A penalty at the starting point is appropriate.

Conclusion

Mr Nally is suspended for 2 days from the end of racing today, up to and including Sunday 25 February 2024.