Cambridge – Te Awamutu HRC – 16 July 2009 – Race 6
ID: JCA22889
Hearing Type (Code):
harness-racing
Meet Title:
Cambridge - Te Awamutu HRC - 16 July 2009
Race Date:
2009/07/16
Race Number:
Race 6
Decision:
An information was filed by Stipendiary Steward Mr T. Taumanu against horseman Mr A. Herlihy alleging a breach of Rule 869(4) 869(6)(b)(c) in that he improved SWEET FALCON O’MINE outward from the running line forcing PACIFIC FAIR (S. Dickson) to race wider on the track which in turn forced ZENSTAR (D. Butcher) wider on the track with 1300 metres to run.
--
An information was filed by Stipendiary Steward Mr T. Taumanu against horseman Mr A. Herlihy alleging a breach of Rule 869(4) 869(6)(b)(c) in that he improved SWEET FALCON O’MINE outward from the running line forcing PACIFIC FAIR (S. Dickson) to race wider on the track which in turn forced ZENSTAR (D. Butcher) wider on the track with 1300 metres to run.
--Mr Herlihy did not admit the breach and was present at the hearing.
--Mr Taumanu demonstrated the video films and showed nearing the 1300 metres Mr Herlihy was racing 4 deep with Mr Robb on his outer and Mr Dickson was following him 1 out, 2 back. Mr Taumanu showed the outward manoeuvre by Mr Herlihy and said to the committee the point was whether or not Mr Dickson was pushed out.
--Mr Dickson was called to give evidence, he said he was pushed out by Mr Herlihy when he came off the marker pegs forcing him 3 wide. He said if he had hunted up to take the available position he would have hit a wheel.
--Mr Herlihy stated that his horse had come out a lot quicker than Mr Dickson expected and his horse was unable to take the gap .He said Mr Dickson could have easily got onto his back but found himself in his own predicament of not being able to go back and found himself 3 wide. Mr Herlihy maintained he did not push out.
--Upon questioning by the committee Mr Dickson admitted no interference had taken place .He did not deny the fact at the time when Mr Herlihy came out he was not in a position to take the available gap presented when Mr Robb made a 3 wide forward move.
--Mr Taumanu in summing up said there was a collective of things that happened. He said he conceded he was not convinced Mr Herlihy was guilty and said in his opinion the charge was not proven.
--Decision and Reasons
--The committee carefully considered all the evidence and video films. We firmly believe no interference took place, this was confirmed by the video films and Mr Dickson’s evidence. We prefer the summing up of Mr Taumanu, and the evidence provided by Mr Herlihy to be accurate. It is the Committee’s opinion that there has been no breach of the rules we find the charge not proven.
--A Dooley J Holloway
Chair Committee Member
67565
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: ee874b0440d42d4f9296e37b239a9f0c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge - Te Awamutu HRC - 16 July 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed by Stipendiary Steward Mr T. Taumanu against horseman Mr A. Herlihy alleging a breach of Rule 869(4) 869(6)(b)(c) in that he improved SWEET FALCON O’MINE outward from the running line forcing PACIFIC FAIR (S. Dickson) to race wider on the track which in turn forced ZENSTAR (D. Butcher) wider on the track with 1300 metres to run.
--
An information was filed by Stipendiary Steward Mr T. Taumanu against horseman Mr A. Herlihy alleging a breach of Rule 869(4) 869(6)(b)(c) in that he improved SWEET FALCON O’MINE outward from the running line forcing PACIFIC FAIR (S. Dickson) to race wider on the track which in turn forced ZENSTAR (D. Butcher) wider on the track with 1300 metres to run.
--Mr Herlihy did not admit the breach and was present at the hearing.
--Mr Taumanu demonstrated the video films and showed nearing the 1300 metres Mr Herlihy was racing 4 deep with Mr Robb on his outer and Mr Dickson was following him 1 out, 2 back. Mr Taumanu showed the outward manoeuvre by Mr Herlihy and said to the committee the point was whether or not Mr Dickson was pushed out.
--Mr Dickson was called to give evidence, he said he was pushed out by Mr Herlihy when he came off the marker pegs forcing him 3 wide. He said if he had hunted up to take the available position he would have hit a wheel.
--Mr Herlihy stated that his horse had come out a lot quicker than Mr Dickson expected and his horse was unable to take the gap .He said Mr Dickson could have easily got onto his back but found himself in his own predicament of not being able to go back and found himself 3 wide. Mr Herlihy maintained he did not push out.
--Upon questioning by the committee Mr Dickson admitted no interference had taken place .He did not deny the fact at the time when Mr Herlihy came out he was not in a position to take the available gap presented when Mr Robb made a 3 wide forward move.
--Mr Taumanu in summing up said there was a collective of things that happened. He said he conceded he was not convinced Mr Herlihy was guilty and said in his opinion the charge was not proven.
--Decision and Reasons
--The committee carefully considered all the evidence and video films. We firmly believe no interference took place, this was confirmed by the video films and Mr Dickson’s evidence. We prefer the summing up of Mr Taumanu, and the evidence provided by Mr Herlihy to be accurate. It is the Committee’s opinion that there has been no breach of the rules we find the charge not proven.
--A Dooley J Holloway
Chair Committee Member
67565
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e5c231d0f968fb34d5d149329407f0fa
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: 3b76a43aa16c2199f9fe79bf5fa53a9e
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/07/2009
meet_title: Cambridge - Te Awamutu HRC - 16 July 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-te-awamutu-hrc
meet_racingtype: harness-racing
meet_chair:
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meet_pm2:
name: Cambridge - Te Awamutu HRC