Archive Decision

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Auckland TC 2 March 2012 – R 2

ID: JCA17719

Applicant:
Mr J Muirhead - Stipendiary Steward

Respondent(s):
Mr A Herlihy - Licensed Open Horseman

Information Number:
A4602

Hearing Type:
Hearing

Rules:
Rule 869(2)(a)

Plea:
admitted

Meet Title:
Auckland TC - 2 March 2012

Meet Chair:
BScott

Meet Committee Member 1:
JHolloway

Race Date:
2012/03/02

Race Number:
R2

Decision:

The Charge having been admitted is accordingly proved.

Penalty:

The Committee imposes a fine of $250.00 on Mr Herlihy.

Charge:

Breach of Rule 869(2)(a) - Excessive use of the Whip

Facts:

An Information was lodged by Stipendiary Steward, Mr JM Muirhead against Horseman Mr AG Herlihy alleging that Mr Herlihy used his whip excessively when driving YANKEEDOOSIE over the concluding stages of the Race.

Mr Herlihy admitted the breach and advised this Committee that he did not want to be present at the Hearing.

Mr Muirhead demonstrated the incident by use of the video films and showed Mr Herlihy using the whip about 24 times and also the use was continuous. It did however include quite a number of backhand strikes with the whip.

Submissions for Penalty:

Mr Muirhead advised that the JCA Guidelines provided for a penalty of  suspension for 6 drives and/or a fine of $300.00.

He said that notwithstanding that this was a Premier meeting the offence was at the lower end of the scale. He also said that Mr Herlihy had a very good record. He submitted that a fine was appropriate and that the above matters should be taken into account.

Reasons for Penalty:

The Committee viewed the films and these clearly showed Mr Herlihy's actions. The use of the whip did include quite a number of backhand strikes . The Committee notes Mr Muirhead's submission that the incident is at the lower end of the scale.

Mr Herlihy is given credit for his good record and the Committee believes that a fine of $250.00 is 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: e41b8b524bb01e61ca7bdda871a2fa19


informantnumber: A4602


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 28/02/2012


hearing_title: Auckland TC 2 March 2012 - R 2


charge:

Breach of Rule 869(2)(a) - Excessive use of the Whip


facts:

An Information was lodged by Stipendiary Steward, Mr JM Muirhead against Horseman Mr AG Herlihy alleging that Mr Herlihy used his whip excessively when driving YANKEEDOOSIE over the concluding stages of the Race.

Mr Herlihy admitted the breach and advised this Committee that he did not want to be present at the Hearing.

Mr Muirhead demonstrated the incident by use of the video films and showed Mr Herlihy using the whip about 24 times and also the use was continuous. It did however include quite a number of backhand strikes with the whip.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The Charge having been admitted is accordingly proved.


sumissionsforpenalty:

Mr Muirhead advised that the JCA Guidelines provided for a penalty of  suspension for 6 drives and/or a fine of $300.00.

He said that notwithstanding that this was a Premier meeting the offence was at the lower end of the scale. He also said that Mr Herlihy had a very good record. He submitted that a fine was appropriate and that the above matters should be taken into account.


reasonsforpenalty:

The Committee viewed the films and these clearly showed Mr Herlihy's actions. The use of the whip did include quite a number of backhand strikes . The Committee notes Mr Muirhead's submission that the incident is at the lower end of the scale.

Mr Herlihy is given credit for his good record and the Committee believes that a fine of $250.00 is appropriate.


penalty:

The Committee imposes a fine of $250.00 on Mr Herlihy.


hearing_type: Hearing


Rules: Rule 869(2)(a)


Informant: Mr J Muirhead - Stipendiary Steward


JockeysandTrainer: Mr A Herlihy - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bc80c71899d497ea69e4998cc19cdc7d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f30ef0af5c180d857d0ea7aea3280b31


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/03/2012


meet_title: Auckland TC - 2 March 2012


meet_expappcomment:


meet_km: [{"Comment": [], "kmprice": 65.719999999999999, "MemberID": "BScott", "Member": "", "KMs": "106", "OtherExpenses": "0", "Total": 65.719999999999999, "MemberRole": "Chair ", "Approved": []}]


meet_otherexp:


tracklocation: auckland-tc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: JHolloway


meet_pm2: none


name: Auckland TC