Auckland TC 17 June 2011 – R 8
ID: JCA14730
Meet Title:
Auckland TC - 17 June 2011
Meet Chair:
BScott
Meet Committee Member 1:
ADooley
Race Date:
2011/06/17
Race Number:
R8
Decision:
The Committee accordingly finds the charge proven.
Penalty:
The Committee accordingly imposes a fine of $300.00 on Mr Herlihy.
Charge:
Following the running of Race 8 an Information was lodged by Stipendiary Steward Mr NG McIntyre against Driver AG Herlihy alleging a breach of Rule 869(3)(b) alleging that Mr Herlihy as Driver of COURAGE TO RULE drove carelessly when shifting ground in the run home causing interference to DEVIL DODGER.
Mr Herlihy was present at the Hearing and advised this Committee that he did not admit the charge.
Rule 865(2) provides:
“No Horseman in any race shall drive carelessly.”
Facts:
The Rule was read to Mr Herlihy. Evidence in regard to this matter had been given at the Protest Hearing but the films were shown again.
Mr McIntyre demonstrated the incident to the Committee and said that as far as he was concerned Mr Herlihy had made an error of judgment. He pointed out where Mr Herlihy had shifted ground and said that contact had been caused by the outward movement.
Mr Herlihy was given the opportunity to cross examine Mr McIntyre but declined to do so. Mr Herlihy in his evidence referred to the outward movement of ULTIMATE PLAYER driven by Mr May. He asked if the Committee was going to take into consideration the outward movement of Mr May. Mr Herlihy had nothing further to offer and Mr McIntyre did not cross examine.
Submissions for Decision:
See above
Reasons for Decision:
The incident, although it appears to be slight contact, is clearly shown on the films. Mr Herlihy has asked if the outward movement of ULTIMATE PLAYER driven by Mr May was taken into consideration and it was not considered to be a factor in the incident because it happened up ahead of Mr Herlihy’s horse. The result might have been that the gap that Mr Herlihy thought he was aiming for had closed but that gap had closed before Mr Herlihy made his move. There was insufficient room for Mr Herlihy to move and as a result of his movement he had caused interference to DEVIL DODGER. This may have been an error of judgment but for somebody of Mr Herlihy’s standing this was careless.
Submissions for Penalty:
Mr McIntyre advised the Committee that Mr Herlihy has had 484 drives this season and he had one relevant charge on the 13th of August 2010 for which he was fined $200.00. Mr McIntyre acknowledge that that charge was probably not relevant bearing in mind the number of drives Mr Herlihy has. Mr McIntyre submitted that this incident was in the mid range of seriousness, that it was a listed race and the result of the interference was that relegation was caused. He said that the JCA Guidelines provided for a fine of $600.00 and/or a suspension of three weeks although it was pointed out to him that the new Guidelines provide for a $500.00 fine or a suspension of 10 drives. Mr McIntyre submitted that a fine of $500.00 was appropriate.
Mr Herlihy had no submissions to offer other than the contribution to the incident by Mr May.
Reasons for Penalty:
The Committee has looked at the films numerous times and has listened to the evidence presented to it. Mr McIntyre has told us that this was an error of judgment on Mr Herlihy’s part and that it is at the medium in the range of seriousness.The Committee believes that this incident was at the lower end of the scale and it does not need to take into account the status of the race. Mr Herlihy has a good record and should be given credit for that.
The Committee believes that a fine of $300.00 is more appropriate.
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: 752f2f66583c9a20e10730e51363fba8
startdate: no date provided
hearing_title: Auckland TC 17 June 2011 - R 8
charge:
Following the running of Race 8 an Information was lodged by Stipendiary Steward Mr NG McIntyre against Driver AG Herlihy alleging a breach of Rule 869(3)(b) alleging that Mr Herlihy as Driver of COURAGE TO RULE drove carelessly when shifting ground in the run home causing interference to DEVIL DODGER.
Mr Herlihy was present at the Hearing and advised this Committee that he did not admit the charge.
Rule 865(2) provides:
“No Horseman in any race shall drive carelessly.”
facts:
The Rule was read to Mr Herlihy. Evidence in regard to this matter had been given at the Protest Hearing but the films were shown again.
Mr McIntyre demonstrated the incident to the Committee and said that as far as he was concerned Mr Herlihy had made an error of judgment. He pointed out where Mr Herlihy had shifted ground and said that contact had been caused by the outward movement.
Mr Herlihy was given the opportunity to cross examine Mr McIntyre but declined to do so. Mr Herlihy in his evidence referred to the outward movement of ULTIMATE PLAYER driven by Mr May. He asked if the Committee was going to take into consideration the outward movement of Mr May. Mr Herlihy had nothing further to offer and Mr McIntyre did not cross examine.
submissionsfordecision:
See above
reasonsfordecision:
The incident, although it appears to be slight contact, is clearly shown on the films. Mr Herlihy has asked if the outward movement of ULTIMATE PLAYER driven by Mr May was taken into consideration and it was not considered to be a factor in the incident because it happened up ahead of Mr Herlihy’s horse. The result might have been that the gap that Mr Herlihy thought he was aiming for had closed but that gap had closed before Mr Herlihy made his move. There was insufficient room for Mr Herlihy to move and as a result of his movement he had caused interference to DEVIL DODGER. This may have been an error of judgment but for somebody of Mr Herlihy’s standing this was careless.
Decision:
The Committee accordingly finds the charge proven.
sumissionsforpenalty:
Mr McIntyre advised the Committee that Mr Herlihy has had 484 drives this season and he had one relevant charge on the 13th of August 2010 for which he was fined $200.00. Mr McIntyre acknowledge that that charge was probably not relevant bearing in mind the number of drives Mr Herlihy has. Mr McIntyre submitted that this incident was in the mid range of seriousness, that it was a listed race and the result of the interference was that relegation was caused. He said that the JCA Guidelines provided for a fine of $600.00 and/or a suspension of three weeks although it was pointed out to him that the new Guidelines provide for a $500.00 fine or a suspension of 10 drives. Mr McIntyre submitted that a fine of $500.00 was appropriate.
Mr Herlihy had no submissions to offer other than the contribution to the incident by Mr May.
reasonsforpenalty:
The Committee has looked at the films numerous times and has listened to the evidence presented to it. Mr McIntyre has told us that this was an error of judgment on Mr Herlihy’s part and that it is at the medium in the range of seriousness.The Committee believes that this incident was at the lower end of the scale and it does not need to take into account the status of the race. Mr Herlihy has a good record and should be given credit for that.
The Committee believes that a fine of $300.00 is more appropriate.
penalty:
The Committee accordingly imposes a fine of $300.00 on Mr Herlihy.
Informant: Mr N McIntyre - Stipendiary Steward
JockeysandTrainer: Mr A Herlihy - Licensed Open Horseman
raceid: 1eb9c0e84cde24a93a67ecb1d2a67305
meetid: ca7bb704e7b3436e478aeedf83eef623
meet_expapproval: approved
meet_title: Auckland TC - 17 June 2011
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "BScott", "Member": "", "OtherExpenses": "0", "KMs": "106", "Total": "65.72", "kmprice": 65.719999999999999, "Approved": "on"}, {"Comment": [], "kmprice": 60.759999999999998, "MemberID": "ADooley", "Member": "", "KMs": "98", "OtherExpenses": "0", "Total": "60.76", "MemberRole": "Panel member 1 ", "Approved": "on"}]
tracklocation: auckland-tc
meet_racingtype: harness-racing
