Auckland TC – 15 June 2007 – Race 7
ID: JCA22567
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 15 June 2007
Race Date:
2007/06/15
Race Number:
Race 7
Decision: --
An information was lodged by Stipendiary Steward Mr JM Muirhead against horseman Mr AG Herlihy the Driver of Mountain Woman alleging that Mr Herlihy used his whip excessively
--
An information was lodged by Stipendiary Steward Mr JM Muirhead against horseman Mr AG Herlihy the Driver of Mountain Woman alleging that Mr Herlihy used his whip excessively when driving Mountain Woman over the concluding stages of the race.
----Mr Herlihy did not admit a breach of the Rule and did wish to be present at the Hearing of the Information.
----The Rule was read to Mr Herlihy and the Guidelines dated the 1st of August 2006 concerning use of the whip were also read to Mr Herlihy. Mr Herlihy advised that he had not seen those Guidelines before despite the fact that they were published in the Harness Racing Weekly three or four weeks ago.
----Mr Muirhead gave evidence by use of the video film of the race and he showed Mr Herlihy's drive from three or four different angles. Mr Herlihy had used the whip 18 or 19 times from the start of the home straight and of those, about 15 continuously.
----In his defence Mr Herlihy said that he was principally hitting the horse across the tail cropper and in his view was not hurting the horse. He did acknowledge that there was a continuous use of the whip and that this was contrary to the Guidelines although he again said that he had not seen the Guidelines before. Mr Herlihy pointed out that he was in the lead for a reasonable part of the straight and he had to be competitive at the finish.
----Decision and Penalty
----I find that based on the evidence the charge is proven and Mr Herlihy has used the whip excessively.
----Mr Muirhead in submissions as to penalty said that the range of fine for a first offence was $250.00-$300.00 but for a second offence the range increased to $500.00. This was a second offence as far as Mr Herlihy was concerned because the JCA Committee at the Auckland Trotting Club on the 13th of April 2007 dealt with Mr Herlihy for the same charge.
----Mr Herlihy in his submissions said that her preferred a suspension to a fine. He argued that a one day suspension would be appropriate.
----Having found the charge proven and in assessing penalty I have taken into account the following:
----(a) The evidence before me.
------(b) The fact that this is Mr Herlihy's second charge of this kind within two months. I am very surprised to be dealing with Mr Herlihy for this type of charge again considering that he is one of our leading Drivers and it is very unusual to find Mr Herlihy before us facing this type of charge. Having said that, this charge is the second one in two months.
----I have accordingly ordered that Mr Herlihy's Horseman's License be suspended up to and including the 28th of June 2007 which is for a period of two racing days.
----------
BJ Scott
--Chairman
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: f5c5be650ce42efbc3e6f8b45662a27f
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 15/06/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 15 June 2007 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information was lodged by Stipendiary Steward Mr JM Muirhead against horseman Mr AG Herlihy the Driver of Mountain Woman alleging that Mr Herlihy used his whip excessively
--
An information was lodged by Stipendiary Steward Mr JM Muirhead against horseman Mr AG Herlihy the Driver of Mountain Woman alleging that Mr Herlihy used his whip excessively when driving Mountain Woman over the concluding stages of the race.
----Mr Herlihy did not admit a breach of the Rule and did wish to be present at the Hearing of the Information.
----The Rule was read to Mr Herlihy and the Guidelines dated the 1st of August 2006 concerning use of the whip were also read to Mr Herlihy. Mr Herlihy advised that he had not seen those Guidelines before despite the fact that they were published in the Harness Racing Weekly three or four weeks ago.
----Mr Muirhead gave evidence by use of the video film of the race and he showed Mr Herlihy's drive from three or four different angles. Mr Herlihy had used the whip 18 or 19 times from the start of the home straight and of those, about 15 continuously.
----In his defence Mr Herlihy said that he was principally hitting the horse across the tail cropper and in his view was not hurting the horse. He did acknowledge that there was a continuous use of the whip and that this was contrary to the Guidelines although he again said that he had not seen the Guidelines before. Mr Herlihy pointed out that he was in the lead for a reasonable part of the straight and he had to be competitive at the finish.
----Decision and Penalty
----I find that based on the evidence the charge is proven and Mr Herlihy has used the whip excessively.
----Mr Muirhead in submissions as to penalty said that the range of fine for a first offence was $250.00-$300.00 but for a second offence the range increased to $500.00. This was a second offence as far as Mr Herlihy was concerned because the JCA Committee at the Auckland Trotting Club on the 13th of April 2007 dealt with Mr Herlihy for the same charge.
----Mr Herlihy in his submissions said that her preferred a suspension to a fine. He argued that a one day suspension would be appropriate.
----Having found the charge proven and in assessing penalty I have taken into account the following:
----(a) The evidence before me.
------(b) The fact that this is Mr Herlihy's second charge of this kind within two months. I am very surprised to be dealing with Mr Herlihy for this type of charge again considering that he is one of our leading Drivers and it is very unusual to find Mr Herlihy before us facing this type of charge. Having said that, this charge is the second one in two months.
----I have accordingly ordered that Mr Herlihy's Horseman's License be suspended up to and including the 28th of June 2007 which is for a period of two racing days.
----------
BJ Scott
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7f30873b8fe64b704b400d690cc3af3e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d160c837efb8b7c55bb06ef5be53dca2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/06/2007
meet_title: Auckland TC - 15 June 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC