Auckland TC 21 June 2019 – R 5 – Chair, Mr G Jones
ID: JCA13521
Meet Title:
Auckland TC - 21 June 2019
Meet Chair:
GJones
Meet Committee Member 1:
ASmith
Race Date:
2019/06/21
Race Number:
R5
Decision:
As Mr Herlihy admitted the breach the charge is found to be proved.
Penalty:
Mr Herlihy is fined the sum of $350.
Facts:
This charge arises from the running of Race 5, the IRT Mobile Pace 1609m. Senior Stipendiary Steward, Mr J Muirhead alleged that Mr Herlihy was in breach of Rule 869)(4) and Clause 4 of the Passing Lane Regulations in that as the lead horse on the running line entering the final straight he did not maintain a straight line.
Mr Herlihy indicated on the Information that he admitted the breach and that he did not wish to be present at the hearing.
Rule 869 (4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations provides:
“In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane”.
Mr Muirhead demonstrated the breach using available video footage. He identified RUBY ROSE (A Herlihy) in the trailing position prior to the home straight. At that point RUBY ROSE was following TROUBADOUR (B Mangos). Shortly after entering the final straight TROUBADOUR ran wide under pressure, leaving RUBY ROSE as the lead horse on the running line. Directly behind RUBY ROSE was DIVINIA BELLEZZA (J Abernethy). Mr Muirhead showed that RUBY ROSE then commenced to shift down denying DIVINIA BELLEZZA access to the passing lane, which it was entitled to.
Mr Muirhead said that RUBY ROSE finished in 5th place and DIVINIA BELLEZZA finished 7th. He added that DIVINIA BELLEZZA’S chance of finishing the race in a better position was compromised by the actions of Mr Herlihy due to being held up for a run.
Submissions for Penalty:
Mr Muirhead submitted that Mr Herlihy has a clear record under the rule and is entitled to credit for his admission of the breach. He said the fact that DIVINIA BELLZEZZA was held up and denied the opportunity to finish in a better position is an aggravating factor. He suggested that a $200 uplift from the starting point of $300 would be appropriate. He added Stewards were not seeking a suspension.
Although Mr Herlihy did not attend the hearing he noted on the Information that (1) the breach was at the low end; (2) he has a very good record; and (3) he would prefer a fine.
Reasons for Penalty:
After reviewing the race films the Committee determined that Mr Herlihy made an error of judgement in that he failed to recognise that TROUBADOUR had run wide into the straight and he therefore became the lead horse and as such he was not entitled to the passing lane.
The JCA Penalty Guide provides a starting point of $300 fine or 6 drive suspension. We determined that a fine is an appropriate penalty in this case. RUBY ROSE finished in 5th place and received $375 in stake money. Conversely DIVINIA BELLZEZZA finished 7th and was denied the opportunity to finish in a better placing. As a consequence DIVINIA BELLZEZZA was also potentially denied any opportunity of earning additional stake money. We treat this as an aggravating factor and apply a $150 uplift.
Mitigating factors include Mr Herlihy's very good record and his admission of the breach. For these combined factors we afford Mr Herlihy a $100 discount.
Accordingly, we impose a fine of $350.
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: 40b365b743f56d4c1fac8cec79383bd1
informantnumber: A10330
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to leave access to the Passing Lane
plea: admitted
penaltyrequired: 1
decisiondate: 21/06/2019
hearing_title: Auckland TC 21 June 2019 - R 5 - Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 5, the IRT Mobile Pace 1609m. Senior Stipendiary Steward, Mr J Muirhead alleged that Mr Herlihy was in breach of Rule 869)(4) and Clause 4 of the Passing Lane Regulations in that as the lead horse on the running line entering the final straight he did not maintain a straight line.
Mr Herlihy indicated on the Information that he admitted the breach and that he did not wish to be present at the hearing.
Rule 869 (4) provides:
“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress”.
Clause 4 of the Passing Lanes, False Rails and Home Straight Regulations provides:
“In the last lap of any race the leading horse on the running line shall, upon entering the home straight, maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane”.
Mr Muirhead demonstrated the breach using available video footage. He identified RUBY ROSE (A Herlihy) in the trailing position prior to the home straight. At that point RUBY ROSE was following TROUBADOUR (B Mangos). Shortly after entering the final straight TROUBADOUR ran wide under pressure, leaving RUBY ROSE as the lead horse on the running line. Directly behind RUBY ROSE was DIVINIA BELLEZZA (J Abernethy). Mr Muirhead showed that RUBY ROSE then commenced to shift down denying DIVINIA BELLEZZA access to the passing lane, which it was entitled to.
Mr Muirhead said that RUBY ROSE finished in 5th place and DIVINIA BELLEZZA finished 7th. He added that DIVINIA BELLEZZA’S chance of finishing the race in a better position was compromised by the actions of Mr Herlihy due to being held up for a run.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Herlihy admitted the breach the charge is found to be proved.
sumissionsforpenalty:
Mr Muirhead submitted that Mr Herlihy has a clear record under the rule and is entitled to credit for his admission of the breach. He said the fact that DIVINIA BELLZEZZA was held up and denied the opportunity to finish in a better position is an aggravating factor. He suggested that a $200 uplift from the starting point of $300 would be appropriate. He added Stewards were not seeking a suspension.
Although Mr Herlihy did not attend the hearing he noted on the Information that (1) the breach was at the low end; (2) he has a very good record; and (3) he would prefer a fine.
reasonsforpenalty:
After reviewing the race films the Committee determined that Mr Herlihy made an error of judgement in that he failed to recognise that TROUBADOUR had run wide into the straight and he therefore became the lead horse and as such he was not entitled to the passing lane.
The JCA Penalty Guide provides a starting point of $300 fine or 6 drive suspension. We determined that a fine is an appropriate penalty in this case. RUBY ROSE finished in 5th place and received $375 in stake money. Conversely DIVINIA BELLZEZZA finished 7th and was denied the opportunity to finish in a better placing. As a consequence DIVINIA BELLZEZZA was also potentially denied any opportunity of earning additional stake money. We treat this as an aggravating factor and apply a $150 uplift.
Mitigating factors include Mr Herlihy's very good record and his admission of the breach. For these combined factors we afford Mr Herlihy a $100 discount.
Accordingly, we impose a fine of $350.
penalty:
Mr Herlihy is fined the sum of $350.
hearing_type: Hearing
Rules: 869(4) and Passing Lane Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr A Herlihy - Licensed Open Horseman
Otherperson: Mr N Ydgren - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3719e5e47214c0382f41f3b4059fb923
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b22582d9d8dbfa23d2e713644a7d2c33
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/06/2019
meet_title: Auckland TC - 21 June 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC