Archive Decision

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HR Waikato 30 January 2015 – R 5

ID: JCA14081

Applicant:
Mr S Mulcay - Stipendiary Steward

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

Other Person:
Mr B Jones - Stipendiary Steward

Information Number:
A3993

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
Rule 869(3)(b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 30 January 2015

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2015/01/30

Race Number:
R1

Decision:

As Mr Herlihy admitted the breach we find the charge proved.

Penalty:

Accordingly we impose a fine of $200 on Mr Herlihy.

Facts:

Following the running of race 5, the NZ PREMIER YEARLING SALE FEBRUARY 17th & 18th HANDICAP TROT, Mr Mulcay laid an Information alleging that Open Horseman Mr A Herlihy drove MADAM SIMONE carelessly causing interference to JOMO with approximately 75 metres to run.

Mr Herlihy noted on the Information that he admitted the breach and did not wish to be present at the hearing.

Rule 869(3)(b) states' No horseman in any race shall drive carelessly'.

Mr Jones identified on the video footage that at approximately the 150 metres Mr Herlihy was looking to improve his position. He pointed out that when Mr Herlihy angled MADAM SIMONE out he made contact with legs of JOMO, causing it to break. He added that JOMO was weakening at the time of the incident. Mr Mulcay conceded that JASINSKY, driven by Mr L Chin had shifted in marginally when racing on the outside of those runners. He added that the Stewards had no  issue with the way Mr Herlihy had attempted to improve MADAM SIMONE however the inwards movement of JASINSKY had a minor contribution to the incident.

Submissions for Penalty:

Mr Mulcay produced Mr Herlihy's record which showed no previous breaches of this Rule. He added that Mr Herlihy had a very good record given the number of drives he had in a season. Mr Mulcay said that it was to Mr Herlihy's credit that he had admitted the breach, and added that the Stewards considered the breach to be low-mid range. He said the JCA Penalty Guidelines showed a starting point of a suspension of 8 drives or a $400 fine. Mr Mulcay submitted that the Stewards felt a fine of $250 to be an appropriate penalty.

Reasons for Penalty:

The Committee took note of the submissions from the Stewards. We accept that Mr Herlihy had an outstanding record and that he had admitted the breach. We believed the level of carelessness was at the low end of the scale and considered that a fine of $200 would be a fair penalty.

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: 961ca6cd3be2a2acabf7464f65fc3e11


informantnumber: A3993


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 25/01/2015


hearing_title: HR Waikato 30 January 2015 - R 5


charge:


facts:

Following the running of race 5, the NZ PREMIER YEARLING SALE FEBRUARY 17th & 18th HANDICAP TROT, Mr Mulcay laid an Information alleging that Open Horseman Mr A Herlihy drove MADAM SIMONE carelessly causing interference to JOMO with approximately 75 metres to run.

Mr Herlihy noted on the Information that he admitted the breach and did not wish to be present at the hearing.

Rule 869(3)(b) states' No horseman in any race shall drive carelessly'.

Mr Jones identified on the video footage that at approximately the 150 metres Mr Herlihy was looking to improve his position. He pointed out that when Mr Herlihy angled MADAM SIMONE out he made contact with legs of JOMO, causing it to break. He added that JOMO was weakening at the time of the incident. Mr Mulcay conceded that JASINSKY, driven by Mr L Chin had shifted in marginally when racing on the outside of those runners. He added that the Stewards had no  issue with the way Mr Herlihy had attempted to improve MADAM SIMONE however the inwards movement of JASINSKY had a minor contribution to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Herlihy admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Mulcay produced Mr Herlihy's record which showed no previous breaches of this Rule. He added that Mr Herlihy had a very good record given the number of drives he had in a season. Mr Mulcay said that it was to Mr Herlihy's credit that he had admitted the breach, and added that the Stewards considered the breach to be low-mid range. He said the JCA Penalty Guidelines showed a starting point of a suspension of 8 drives or a $400 fine. Mr Mulcay submitted that the Stewards felt a fine of $250 to be an appropriate penalty.


reasonsforpenalty:

The Committee took note of the submissions from the Stewards. We accept that Mr Herlihy had an outstanding record and that he had admitted the breach. We believed the level of carelessness was at the low end of the scale and considered that a fine of $200 would be a fair penalty.


penalty:

Accordingly we impose a fine of $200 on Mr Herlihy.


hearing_type: Hearing


Rules: Rule 869(3)(b)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Mr A Herlihy - Licensed Open Horseman


Otherperson: Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: d20a8e103e2c526ba2184ac4a166e4ec


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5630e12f22e4960801d315c0fa0d5cd1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/01/2015


meet_title: Harness Racing Waikato - 30 January 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato