Auckland TC 31 August 2017 – R 6 – Chair, Mr A Godsalve
ID: JCA17853
Meet Title:
Auckland TC - 31 August 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2017/08/31
Race Number:
R6
Decision:
As Mr Herlihy has admitted the breach we find the charge proved.
Penalty:
The Committee therefore suspended Mr Herlihy's driving licence, such suspension to commence after racing on 31 August and to finish after the completion of racing on 7 September 2017 at Cambridge - a one day suspension.
Facts:
Following the running of race 6, the Marconee Seafoods Mobile Pace 2200m, Mr Muirhead produced an Information alleging that Open Horseman Mr A Herlihy, driving FRANCO HAMILTON, drove carelessly causing interference to SPRING CAMPAIGN approaching the 1900 metres.
Mr Herlihy endorsed the Information to the effect that he admitted the breach, and that he did not wish to attend the hearing.
Rule 869(3)(b) states 'No horseman in any race shall drive carelessly'.
Using the available films, Mr Muirhead identified the horses as the field passed the finishing post the first time. He said FRANCO HAMILTON was racing outside SPRING CAMPAIGN driven by Mr A Poutama. He said that Mr Poutama appeared content to stay in the position he was in, when Mr Herlihy allowed FRANCO HAMILTON to move inwards. As a result FRANCO HAMILTON'S sulky wheel moved inside the line of SPRING CAMPAIGN'S wheel. It followed that contact occurred between FRANCO HAMILTON'S wheel and SPRING CAMPAIGN'S front leg, which caused SPRING CAMPAIGN to momentarily go off stride, Mr Muirhead said it was unacceptable for Mr Herlihy to allow his sulky wheel to go inside SPRING CAMPAIGN'S line, and that is what led to this charge. Mr Muirhead added that Stewards believed that Mr Herlihy was attempting to 'intimidate' Mr Poutama.
Mr Herlihy was not present to make any submissions.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guide which provides a starting point of a 10 drive suspension or a $500 fine. He stated that the only runner affected by Mr Herlihy had been SPRING CAMPAIGN and that that horse had beaten Mr Herlihy's horse home at the finish. He said the Stewards believed Mr Herlihy should be given credit for his admission, and his impeccable record. Mr Muirhead added that the Stewards would have no objection if the Committee were to impose a suspension instead of a fine on Mr Herlihy. He added that Mr Herlihy had not breached this Rule for at least 12 months.
Mr Herlihy, as stated above, was not present at the hearing. He had, however endorsed the Information with the words 'can I have a one day suspension'?
Reasons for Penalty:
The Committee took into account the submissions of Mr Muirhead, and we accept that the incident fell into the lower end of the scale. It was clear that Mr Herlihy had momentarily put pressure on Mr Poutama, and given his driving record, this was totally out of character for Mr Herlihy. We acknowledge that Mr Herlihy has admitted the breach, and recognise that for the number of raceday drives he has, his record is outstanding. We confirm that the JCA Penalty Guide has a starting point of $500 or a 10 day suspension. Given the matters referred to earlier, the Committee felt that a one day suspension of Mr Herlihy's driving licence would be an appropriate penalty. We are aware that it is not unusual for Mr Herlihy to have at least 5-6 drives on a raceday.
We were advised that Mr Herlihy was not driving at Addington on 1 September 2017, his next available raceday was at Cambridge on 7 September.
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: f666941152161b7ba2049bea5b7aa6a4
informantnumber: A9129
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving carelessly.
plea: admitted
penaltyrequired: 1
decisiondate: 02/09/2017
hearing_title: Auckland TC 31 August 2017 - R 6 - Chair, Mr A Godsalve
charge:
facts:
Following the running of race 6, the Marconee Seafoods Mobile Pace 2200m, Mr Muirhead produced an Information alleging that Open Horseman Mr A Herlihy, driving FRANCO HAMILTON, drove carelessly causing interference to SPRING CAMPAIGN approaching the 1900 metres.
Mr Herlihy endorsed the Information to the effect that he admitted the breach, and that he did not wish to attend the hearing.
Rule 869(3)(b) states 'No horseman in any race shall drive carelessly'.
Using the available films, Mr Muirhead identified the horses as the field passed the finishing post the first time. He said FRANCO HAMILTON was racing outside SPRING CAMPAIGN driven by Mr A Poutama. He said that Mr Poutama appeared content to stay in the position he was in, when Mr Herlihy allowed FRANCO HAMILTON to move inwards. As a result FRANCO HAMILTON'S sulky wheel moved inside the line of SPRING CAMPAIGN'S wheel. It followed that contact occurred between FRANCO HAMILTON'S wheel and SPRING CAMPAIGN'S front leg, which caused SPRING CAMPAIGN to momentarily go off stride, Mr Muirhead said it was unacceptable for Mr Herlihy to allow his sulky wheel to go inside SPRING CAMPAIGN'S line, and that is what led to this charge. Mr Muirhead added that Stewards believed that Mr Herlihy was attempting to 'intimidate' Mr Poutama.
Mr Herlihy was not present to make any submissions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Herlihy has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guide which provides a starting point of a 10 drive suspension or a $500 fine. He stated that the only runner affected by Mr Herlihy had been SPRING CAMPAIGN and that that horse had beaten Mr Herlihy's horse home at the finish. He said the Stewards believed Mr Herlihy should be given credit for his admission, and his impeccable record. Mr Muirhead added that the Stewards would have no objection if the Committee were to impose a suspension instead of a fine on Mr Herlihy. He added that Mr Herlihy had not breached this Rule for at least 12 months.
Mr Herlihy, as stated above, was not present at the hearing. He had, however endorsed the Information with the words 'can I have a one day suspension'?
reasonsforpenalty:
The Committee took into account the submissions of Mr Muirhead, and we accept that the incident fell into the lower end of the scale. It was clear that Mr Herlihy had momentarily put pressure on Mr Poutama, and given his driving record, this was totally out of character for Mr Herlihy. We acknowledge that Mr Herlihy has admitted the breach, and recognise that for the number of raceday drives he has, his record is outstanding. We confirm that the JCA Penalty Guide has a starting point of $500 or a 10 day suspension. Given the matters referred to earlier, the Committee felt that a one day suspension of Mr Herlihy's driving licence would be an appropriate penalty. We are aware that it is not unusual for Mr Herlihy to have at least 5-6 drives on a raceday.
We were advised that Mr Herlihy was not driving at Addington on 1 September 2017, his next available raceday was at Cambridge on 7 September.
penalty:
The Committee therefore suspended Mr Herlihy's driving licence, such suspension to commence after racing on 31 August and to finish after the completion of racing on 7 September 2017 at Cambridge - a one day suspension.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J M Muirhead - Stipendiary Steward
JockeysandTrainer: Mr A Herlihy-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 45646093cee09ab4c0b03c27309753bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c5402c43eb0945d36a7047264d8dc92f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/08/2017
meet_title: Auckland TC - 31 August 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Auckland TC