Franklin TC – 13 August 2010 – R 8
ID: JCA19567
Hearing Type (Code):
harness-racing
Meet Title:
Franklin TC - 13 August 2010
Meet Chair:
tom
Meet Committee Member 1:
tom
Meet Committee Member 2:
tom
Race Date:
2010/08/13
Race Number:
R 8
Decision: --
RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Stipendiary Steward Mr T Taumanu
--Defendant: Mr A G Herlihy
--Information: 68695
--Meeting: Franklin Trotting Club
--Date: 13th August 2010
--Venue: Alexandra Park
--Race: 8
--Rule No: 869(4)
--Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
--Plea: Admitted – Mr Herlihy elected not to be present at the hearing
----
CHARGE(s):
--Drove HONEY ROSE FALCON in a manner likely to cause interference in that he forced DOREENS DREAM driven by Mr Z Butcher to go over pylons with 1800metres to run.
----
FACTS:
--Mr Taumanu showed and interpreted the video film of the incident. Mr Herlihy attempted to move his horse inwards into the trailing position behind the leader. There was insufficient room. This movement forced DOREENS DREAM inwards and the sulky wheel of that horse went over 2 or 3 pylons. Mr Herlihy took immediate corrective action. The chances of DOREENS DREAM were not affected.
----
SUBMISSION(s) ON PENALTY:
--Mr Taumanu said the offending was below the mid point on the scale of seriousness. He said Mr Herlihy had driven on 521 occasions in the last 12months with no breaches of the rules against him. He submitted that a fine of $250 was appropriate.
----
REASON(s):
--In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Taumanu, Mr Herlihy’s excellent driving record and agrees the offending is in the lower half on the scale of seriousness. This charge should have been in fact “causing interference”. The recommended starting point for that breach is a fine of $400 and / or 2 weeks suspension.
----
PENALTY:
--Balancing the above matters but with emphasis on Mr Herlihy’s superb driving record a fine of $200 is imposed.
----
--
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: 3f4740cc3d9e7cff27da6a452b1504ec
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 13/08/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Franklin TC - 13 August 2010 - R 8
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--RACEDAY JUDICIAL COMMITTEE DECISION
--Informant: Stipendiary Steward Mr T Taumanu
--Defendant: Mr A G Herlihy
--Information: 68695
--Meeting: Franklin Trotting Club
--Date: 13th August 2010
--Venue: Alexandra Park
--Race: 8
--Rule No: 869(4)
--Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
--Plea: Admitted – Mr Herlihy elected not to be present at the hearing
----
CHARGE(s):
--Drove HONEY ROSE FALCON in a manner likely to cause interference in that he forced DOREENS DREAM driven by Mr Z Butcher to go over pylons with 1800metres to run.
----
FACTS:
--Mr Taumanu showed and interpreted the video film of the incident. Mr Herlihy attempted to move his horse inwards into the trailing position behind the leader. There was insufficient room. This movement forced DOREENS DREAM inwards and the sulky wheel of that horse went over 2 or 3 pylons. Mr Herlihy took immediate corrective action. The chances of DOREENS DREAM were not affected.
----
SUBMISSION(s) ON PENALTY:
--Mr Taumanu said the offending was below the mid point on the scale of seriousness. He said Mr Herlihy had driven on 521 occasions in the last 12months with no breaches of the rules against him. He submitted that a fine of $250 was appropriate.
----
REASON(s):
--In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Taumanu, Mr Herlihy’s excellent driving record and agrees the offending is in the lower half on the scale of seriousness. This charge should have been in fact “causing interference”. The recommended starting point for that breach is a fine of $400 and / or 2 weeks suspension.
----
PENALTY:
--Balancing the above matters but with emphasis on Mr Herlihy’s superb driving record a fine of $200 is imposed.
----
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9b8bb8281216ed3677154535edf13fd9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ac038f066767a04e4b1adc08cef432c0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/08/2010
meet_title: Franklin TC - 13 August 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: franklin-tc
meet_racingtype: harness-racing
meet_chair: tom
meet_pm1: tom
meet_pm2: tom
name: Franklin TC