Winton HRC 10 January 2024 – R3 – Tom Nally

Mr Munro alleged that in Race 3, Mr Nally (IMPERIAL MAN) drove incompetently for approximately 900 metres when his drive was not in its correct gait.

Mr Munro demonstrated the incident on the videos. The Respondent drew 7 and was back off the gate when the field was dispatched. The horse commenced to pace and was in its incorrect gait for some 900 metres until Mr Nally restrained the horse when he realised it was not trotting. The horse then inconvenienced trailing runners before it dropped right out of the race.

Mr Nally said he was inexperienced, and it was hard to tell if IMPERIAL MAN was trotting or pacing. He had driven the horse before without any issues. Mr Munro confirmed that Mr Nally has had only 35 drives of trotters.

Mr Ferguson said the horse was known to switch into a pace and it was not an ideal drive for an inexperienced Junior. He had driven the horse previously himself, and it had switched gait. He said it was hard to tell the gait when the runners were at speed over a mile as a horse could do it in one stride. There had also been a gear change concerning the wearing of a pacifier, which had not helped.

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 8 drives this season and 184 the last. His record is clear in the past 12 months. Mr Munro referred to the Respondent’s forthright admission of the breach and his excellent record.

Reasons for Penalty

Mr Nally has driven 900 metres when IMPERIAL MAN was not in its correct gait. The proclivities of the horse suggest it was not an ideal drive for Mr Nally, having regard to his lack of experience. The Penalty Guide provides a 10-day starting point for a first breach of the Incompetent Driving Rule. Mitigating factors are that Mr Nally is an inexperienced Junior Driver of trotters, has a very good record and has admitted the breach. A reduction from the starting point is appropriate.

Conclusion

Mr Nally is suspended for 7 days from the end of racing today, up to and including 2 February 2024.