Auckland TC 21 April 2017 – R 6 – Chair, Mr B Scott
ID: JCA16665
Meet Title:
Auckland TC - 21 April 2017
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Meet Committee Member 2:
ASmith
Race Date:
2017/04/21
Race Number:
R 6
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
This Committee after taking all matters into account imposes a fine of $550 on Mr Herlihy.
Facts:
Following the running of the WOODLANDS STUD/CADUCEUS CLUB CLASSIC MOBILE PACE, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr AG Herlihy alleging that Mr Herlihy as the Driver of GOLD ORCHID shifted inwards approaching the 100 metres mark and allowed his sulky to protrude inside the marker line.
Rule 879(7A)(b) provides : Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line. It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was caused by interference by another horse or horseman.
Mr Herlihy was present at the hearing and he advised the Committee that he understood the rule and that he admitted the breach.
This hearing followed the earlier protest hearing where Mr Herlihy's horse GOLD ORCHID was disqualified from 4th place.
Mr Ydgren demonstrated the incident by use of the race films and than advised the Committee that Mr Herlihy had improved on the inside and by going over the pylons this allowed him to pass LADY CHATTO and in doing so he had gained an advantage. Mr Ydgren said that the Stewards did not have a lot more to say.
Mr Herlihy did not have anything further to say about the incident.
Submissions for Penalty:
Mr Ydgren referred to the JCA Penalty Guide which set a starting point penalty of suspension of 4 drives or a fine of $200. He said that that was inadequate in this case and he referred to the starting point penalties for Careless Driving and Improper Driving both of which were significantly higher than the present charge. He then said that this was a Group 1 Race and that it involved a disqualification. He said that the Stewards were seeking a suspension of Mr Herlihy's Drivers Licence or a considerable fine.
Mr Herlihy said he had lost half of the 4th placed stake because the horse is half owned by his wife. He also said that he has a good record and that he admitted the breach and had caused himself a fair amount of grief. He further said that he didn't interfere with anyone else.
Reasons for Penalty:
The Committee viewed the race films and these clearly showed the incident. Mr Herlihy has driven down on the inside of LADY CHATTO and his sulky has protruded on the inside of at least 4 pylons and he has clearly gained an advantage. There was no interference from any other horse or horseman and therefore the defence under Rule 869(7A)(b) is not available to Mr Herlihy.
This was clearly a deliberate act by Mr Herlihy and he has gained an advantage as a result. If he had have waited as he should have then he would have remained back on the inside until he was able to obtain a run. The race would have been over by then.
In relation to the Penalty submissions this Committee takes the view that the starting point penalties under other Rules do not apply.
The Committee has looked at the starting point penalty under this Rule and we believe that in this case it is inadequate. In the case of a Group 1 race involving a disqualification it should be significantly higher and as far as this Committee is concerned it should be beteween $650 and $700.
In respect to Mr Herlihy's submission that he had lost half of the stake we can only say that he was the author of his own misfortune.
We are also conscious of the first 4 punters who were knocked out as a result of Mr Herlihy's actions. The disqualification of GOLD ORCHID is clearly an aggravating factor.
We give Mr Herlihy credit for his admission of the breach and his very good record.
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: d1ef49e658cb4f30a6d8e7e7bac1e7c6
informantnumber: A9104
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Shifting inside the marker line
plea: admitted
penaltyrequired: 1
decisiondate: 26/04/2017
hearing_title: Auckland TC 21 April 2017 - R 6 - Chair, Mr B Scott
charge:
facts:
Following the running of the WOODLANDS STUD/CADUCEUS CLUB CLASSIC MOBILE PACE, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr AG Herlihy alleging that Mr Herlihy as the Driver of GOLD ORCHID shifted inwards approaching the 100 metres mark and allowed his sulky to protrude inside the marker line.
Rule 879(7A)(b) provides : Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line. It shall be a defence to a breach of this sub-rule if the horseman establishes that the breach was caused by interference by another horse or horseman.
Mr Herlihy was present at the hearing and he advised the Committee that he understood the rule and that he admitted the breach.
This hearing followed the earlier protest hearing where Mr Herlihy's horse GOLD ORCHID was disqualified from 4th place.
Mr Ydgren demonstrated the incident by use of the race films and than advised the Committee that Mr Herlihy had improved on the inside and by going over the pylons this allowed him to pass LADY CHATTO and in doing so he had gained an advantage. Mr Ydgren said that the Stewards did not have a lot more to say.
Mr Herlihy did not have anything further to say about the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
Mr Ydgren referred to the JCA Penalty Guide which set a starting point penalty of suspension of 4 drives or a fine of $200. He said that that was inadequate in this case and he referred to the starting point penalties for Careless Driving and Improper Driving both of which were significantly higher than the present charge. He then said that this was a Group 1 Race and that it involved a disqualification. He said that the Stewards were seeking a suspension of Mr Herlihy's Drivers Licence or a considerable fine.
Mr Herlihy said he had lost half of the 4th placed stake because the horse is half owned by his wife. He also said that he has a good record and that he admitted the breach and had caused himself a fair amount of grief. He further said that he didn't interfere with anyone else.
reasonsforpenalty:
The Committee viewed the race films and these clearly showed the incident. Mr Herlihy has driven down on the inside of LADY CHATTO and his sulky has protruded on the inside of at least 4 pylons and he has clearly gained an advantage. There was no interference from any other horse or horseman and therefore the defence under Rule 869(7A)(b) is not available to Mr Herlihy.
This was clearly a deliberate act by Mr Herlihy and he has gained an advantage as a result. If he had have waited as he should have then he would have remained back on the inside until he was able to obtain a run. The race would have been over by then.
In relation to the Penalty submissions this Committee takes the view that the starting point penalties under other Rules do not apply.
The Committee has looked at the starting point penalty under this Rule and we believe that in this case it is inadequate. In the case of a Group 1 race involving a disqualification it should be significantly higher and as far as this Committee is concerned it should be beteween $650 and $700.
In respect to Mr Herlihy's submission that he had lost half of the stake we can only say that he was the author of his own misfortune.
We are also conscious of the first 4 punters who were knocked out as a result of Mr Herlihy's actions. The disqualification of GOLD ORCHID is clearly an aggravating factor.
We give Mr Herlihy credit for his admission of the breach and his very good record.
penalty:
This Committee after taking all matters into account imposes a fine of $550 on Mr Herlihy.
hearing_type: Hearing
Rules: Rule 869(7A)(b)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fe337742d27053667a86a461bd7eefcc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e9fa54d62d4c9fd15c42188f661fa867
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/04/2017
meet_title: Auckland TC - 21 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: ASmith
name: Auckland TC