NZ Metro TC 11 May 2103 – R 5
ID: JCA13974
Meet Title:
NZ Metro TC - 11 May 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/05/11
Race Number:
R5
Decision:
Mr Herlihy having admitted the breach, the charge was found proved.
Penalty:
Mr Herlihy was fined the sum of $300.
Charge:
Excessive use of the whip.
Facts:
Following the running of Race 5, Seelite Windows & Doors Sires’ Stakes 2YO Trotters Championship (Group 2), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A G Herlihy, alleging that Mr Herlihy, as the driver of HOT PANTS in the race, used his whip in a manner which Stewards deemed excessive.
Mr Herlihy had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. He had also endorsed and signed the information form “I do not wish to be present”.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre showed a video replay of the final stages of the race. He pointed out Mr Herlihy, driving HOT PANTS, racing 4-wide on the track and about to make his run with approximately 150 metres to run. From that point, he commenced using his whip. Mr McIntyre alleged that Mr Herlihy had used his whip, free of the rein, approximately 24 times. The latter part of the whip use was “all repetitive” and therefore he had exceeded the threshold of 20 adopted by Stewards. His use of the whip was outside the guidelines set by Harness Racing New Zealand in conjunction with the Horsemen’s Association, Mr McIntyre said.
The Committee noted that HOT PANTS finished in 4th placing in the race.
Submissions for Penalty:
Mr McIntyre informed the Committee that Mr Herlihy had been fined the sum of $300 on 12 May 2012 for a breach of the whip Rule in a Group 1 race.
Mr Herlihy had 493 drives in the 2011/2012 season and in the current season to date he has had 297 drives. The breach was at the lower end of the scale – there was no “malice” involved but the repetitive nature of his use of the whip had made it too many, Mr McIntyre submitted.
Mr McIntyre submitted that the status of the race (Group 2) should be taken into account. A fine of around $250 was appropriate, he submitted.
Reasons for Penalty:
In determining penalty, the Committee took into account the starting point for breaches of the Rule recommended by the Penalty Guide of a fine of $300 and/or 6 drives. Mr Herlihy was entitled to a discount for his admission of the breach and his good record, which the Committee regarded as being clear.
However, while the Committee agreed that the breach was at the lower end of the scale as far as the force used was concerned, the number of 24 strikes was high. Further aggravating factors were the status of the race (Group 2) and the stake payable ($60,000).
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: 862ee0a15924f79e8854fb3db58728e0
informantnumber: A5293
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: NZ Metro TC 11 May 2103 - R 5
charge:
Excessive use of the whip.
facts:
Following the running of Race 5, Seelite Windows & Doors Sires’ Stakes 2YO Trotters Championship (Group 2), an information was filed by Co-Chief Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A G Herlihy, alleging that Mr Herlihy, as the driver of HOT PANTS in the race, used his whip in a manner which Stewards deemed excessive.
Mr Herlihy had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach. He had also endorsed and signed the information form “I do not wish to be present”.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the final stages of the race. He pointed out Mr Herlihy, driving HOT PANTS, racing 4-wide on the track and about to make his run with approximately 150 metres to run. From that point, he commenced using his whip. Mr McIntyre alleged that Mr Herlihy had used his whip, free of the rein, approximately 24 times. The latter part of the whip use was “all repetitive” and therefore he had exceeded the threshold of 20 adopted by Stewards. His use of the whip was outside the guidelines set by Harness Racing New Zealand in conjunction with the Horsemen’s Association, Mr McIntyre said.
The Committee noted that HOT PANTS finished in 4th placing in the race.
reasonsfordecision:
Decision:
Mr Herlihy having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre informed the Committee that Mr Herlihy had been fined the sum of $300 on 12 May 2012 for a breach of the whip Rule in a Group 1 race.
Mr Herlihy had 493 drives in the 2011/2012 season and in the current season to date he has had 297 drives. The breach was at the lower end of the scale – there was no “malice” involved but the repetitive nature of his use of the whip had made it too many, Mr McIntyre submitted.
Mr McIntyre submitted that the status of the race (Group 2) should be taken into account. A fine of around $250 was appropriate, he submitted.
reasonsforpenalty:
In determining penalty, the Committee took into account the starting point for breaches of the Rule recommended by the Penalty Guide of a fine of $300 and/or 6 drives. Mr Herlihy was entitled to a discount for his admission of the breach and his good record, which the Committee regarded as being clear.
However, while the Committee agreed that the breach was at the lower end of the scale as far as the force used was concerned, the number of 24 strikes was high. Further aggravating factors were the status of the race (Group 2) and the stake payable ($60,000).
penalty:
Mr Herlihy was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N G McIntyre, Co-Chief Stipendiary Steward
JockeysandTrainer: A G Herlihy, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4bc183d855306f2cc73f081f8cfe813a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 14694b655e5e444c134d2472ed9a035e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/05/2013
meet_title: NZ Metro TC - 11 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC