Auckland TC – 5 June 2009 – Race 6
ID: JCA22354
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 5 June 2009
Race Date:
2009/06/05
Race Number:
Race 6
Decision:
Two informations filed in the alternative by Stipendiary Steward Mr J Muirhead against Mr A Herlihy driver of EXCEPTIONAL CULLEN. The first information alleges Mr Herlihy drove carelessly when moving inwards and impeding the progress of KAHUNA BROMAC driven by Mr P Ferguson, DEIMOS driven by Mr S Reid and ATTENTION SEEKER driven by Mr A Neal. The second information alleges a breach of the Passing Lanes, False Rails and Home Straight Regulations in that Mr Herlihy failed to maintain as straight a course as possible in the last 50 metres of the race and thereby affecting the progress of the other horses referred to, in particular ATTENTION SEEKER which was forced over the marker pegs.
Two informations filed in the alternative by Stipendiary Steward Mr J Muirhead against Mr A Herlihy driver of EXCEPTIONAL CULLEN. The first information alleges Mr Herlihy drove carelessly when moving inwards and impeding the progress of KAHUNA BROMAC driven by Mr P Ferguson, DEIMOS driven by Mr S Reid and ATTENTION SEEKER driven by Mr A Neal. The second information alleges a breach of the Passing Lanes, False Rails and Home Straight Regulations in that Mr Herlihy failed to maintain as straight a course as possible in the last 50 metres of the race and thereby affecting the progress of the other horses referred to, in particular ATTENTION SEEKER which was forced over the marker pegs. Mr Herlihy denied both charges.
--Mr Muirhead showed the video films of the incident. He said EXCEPTIONAL CULLEN had moved inwards under pressure and Mr Herlihy failed to take immediate corrective action and instead drove the horse with the whip and the reins. He said Mr Herlihy only took corrective action just prior to the finishing line. He said the other three horses were tightened up and forced inwards, ATTENTION SEEKER being forced over the marker pegs. Mr Ferguson said he yelled out to Mr Herlihy somewhere between the last marker peg and the finishing line. Mr Herlihy did not cross examine Mr Muirhead. He said his horse ran in under pressure in the last 20 metres. He did not realise there were two horses inside Mr Ferguson – thought there was only one. He took hold of his horse immediately when he heard Mr Ferguson call out.
--DECISIONS AND REASONS
--We accept the evidence of Mr Muirhead. It is confirmed by the video films. EXCEPTIONAL CULLEN began moving inwards at the 50 metre mark. Mr Herlihy did not immediately take any corrective action. He used his whip and the reins to urge the horse forward. That failure caused increased interference to the other horses. EXCEPTIONAL CULLEN won the race by half a head. However, Mr Herlihy should have taken immediate action to keep the horse on straight course. His failure is a clear breach of clause 7 of the Home Straight regulations and by virtue of clause 8 becomes a breach of Rule 869(4). Having found that charge proven it is not necessary to make a finding in relation to the careless driving charge.
--PENALTY
--Mr Muirhead said Mr Herlihy had been fined $600 on a charge of careless driving on the 15th May 2009, other than that no relevant breaches of the rules recorded and had driven in about 450 races this season. He said the offending here was mid to lower on the scale of seriousness. He suggested a fine of $400. Mr Herlihy said the breach on 15 May was in a premier race. He said EXCEPTIONAL CULLEN ran in under pressure. He preferred a fine to a suspension.
--In fixing the penalty the Committee has taken into account the following:
--1. The submissions of Mr Muirhead.
2. The submissions of Mr Herlihy.
3. Mr Herlihy’s overall good driving record.
4. The offending was mid point on the scale of seriousness.
5. The recommended starting point penalty is a fine of $400 AND/OR a 2 week suspension.
Balancing those matters the Committee imposes a fine of $400 and advises Mr Herlihy that further similar breach in the near future would likely result in a suspension.
--B J Rowe
Chairman
67678/67679
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: ba66603b4d23e18730cfe7f59b8c9330
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 5 June 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Two informations filed in the alternative by Stipendiary Steward Mr J Muirhead against Mr A Herlihy driver of EXCEPTIONAL CULLEN. The first information alleges Mr Herlihy drove carelessly when moving inwards and impeding the progress of KAHUNA BROMAC driven by Mr P Ferguson, DEIMOS driven by Mr S Reid and ATTENTION SEEKER driven by Mr A Neal. The second information alleges a breach of the Passing Lanes, False Rails and Home Straight Regulations in that Mr Herlihy failed to maintain as straight a course as possible in the last 50 metres of the race and thereby affecting the progress of the other horses referred to, in particular ATTENTION SEEKER which was forced over the marker pegs.
Two informations filed in the alternative by Stipendiary Steward Mr J Muirhead against Mr A Herlihy driver of EXCEPTIONAL CULLEN. The first information alleges Mr Herlihy drove carelessly when moving inwards and impeding the progress of KAHUNA BROMAC driven by Mr P Ferguson, DEIMOS driven by Mr S Reid and ATTENTION SEEKER driven by Mr A Neal. The second information alleges a breach of the Passing Lanes, False Rails and Home Straight Regulations in that Mr Herlihy failed to maintain as straight a course as possible in the last 50 metres of the race and thereby affecting the progress of the other horses referred to, in particular ATTENTION SEEKER which was forced over the marker pegs. Mr Herlihy denied both charges.
--Mr Muirhead showed the video films of the incident. He said EXCEPTIONAL CULLEN had moved inwards under pressure and Mr Herlihy failed to take immediate corrective action and instead drove the horse with the whip and the reins. He said Mr Herlihy only took corrective action just prior to the finishing line. He said the other three horses were tightened up and forced inwards, ATTENTION SEEKER being forced over the marker pegs. Mr Ferguson said he yelled out to Mr Herlihy somewhere between the last marker peg and the finishing line. Mr Herlihy did not cross examine Mr Muirhead. He said his horse ran in under pressure in the last 20 metres. He did not realise there were two horses inside Mr Ferguson – thought there was only one. He took hold of his horse immediately when he heard Mr Ferguson call out.
--DECISIONS AND REASONS
--We accept the evidence of Mr Muirhead. It is confirmed by the video films. EXCEPTIONAL CULLEN began moving inwards at the 50 metre mark. Mr Herlihy did not immediately take any corrective action. He used his whip and the reins to urge the horse forward. That failure caused increased interference to the other horses. EXCEPTIONAL CULLEN won the race by half a head. However, Mr Herlihy should have taken immediate action to keep the horse on straight course. His failure is a clear breach of clause 7 of the Home Straight regulations and by virtue of clause 8 becomes a breach of Rule 869(4). Having found that charge proven it is not necessary to make a finding in relation to the careless driving charge.
--PENALTY
--Mr Muirhead said Mr Herlihy had been fined $600 on a charge of careless driving on the 15th May 2009, other than that no relevant breaches of the rules recorded and had driven in about 450 races this season. He said the offending here was mid to lower on the scale of seriousness. He suggested a fine of $400. Mr Herlihy said the breach on 15 May was in a premier race. He said EXCEPTIONAL CULLEN ran in under pressure. He preferred a fine to a suspension.
--In fixing the penalty the Committee has taken into account the following:
--1. The submissions of Mr Muirhead.
2. The submissions of Mr Herlihy.
3. Mr Herlihy’s overall good driving record.
4. The offending was mid point on the scale of seriousness.
5. The recommended starting point penalty is a fine of $400 AND/OR a 2 week suspension.
Balancing those matters the Committee imposes a fine of $400 and advises Mr Herlihy that further similar breach in the near future would likely result in a suspension.
--B J Rowe
Chairman
67678/67679
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.4
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: efd0fd5f0f145b1ba9a8d60aa8e0ec19
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
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race_km:
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meetid: b16ff723288963e1664449c56026a74f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/06/2009
meet_title: Auckland TC - 5 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC