NZ Metro TC 12 May 2012 – R 8
ID: JCA16706
Meet Title:
NZ Metro TC - 12 May 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/05/12
Race Number:
R 8
Decision:
The charge was found to be proved.
Penalty:
Mr Herlihy was fined the sum of $300-00.
Charge:
Alleged breach of Rule 869(2)(a).
Facts:
Following the running of Race 8, the Nevele R Fillies Series (Final), an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr A. G Herlihy alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) in the run home when driving Carpenters Daughter you used your whip in a manner which Stewards deem to be excessive”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Herlihy had indicated on the Information that this breach of the Rules was admitted. The Stipendiary Stewards advised that Mr Herlihy did not wish to attend the hearing.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr Herlihy had used his whip on about 24 occasions in the run home, and that this was deemed to be excessive.
Reasons for Decision:
As Mr Herlihy had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr Herlihy had previously breached this Rule on 2 March 2012 when he was fined the sum of $250-00, and that this was a $150,000-00 Group 1 race. Mr Herlihy had had 359 drives this season. Mr McIntyre submitted that a fine of $300-00 should be imposed in this case.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
To Mr Herlihy’s credit we took into account that he had admitted this breach, and also that he is a very busy driver. On the other hand we also took into account that this was a $150,000-00 Group 1 race and the previous conviction. After looking at the JCA database for previous penalties imposed, and taking all relevant matters into account, we decided that a fine of $300-00 would be imposed in this case.
JCA Decision Fields (raw)
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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: d6c71dd6f340ffe62f1c614500c6ea3a
informantnumber: A5173
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 06/05/2012
hearing_title: NZ Metro TC 12 May 2012 - R 8
charge:
Alleged breach of Rule 869(2)(a).
facts:
Following the running of Race 8, the Nevele R Fillies Series (Final), an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr A. G Herlihy alleging a breach of Rule 869(2)(a) in that he used his whip excessively.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(2)(a) (in that) in the run home when driving Carpenters Daughter you used your whip in a manner which Stewards deem to be excessive”.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.”
Mr Herlihy had indicated on the Information that this breach of the Rules was admitted. The Stipendiary Stewards advised that Mr Herlihy did not wish to attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that Mr Herlihy had used his whip on about 24 occasions in the run home, and that this was deemed to be excessive.
reasonsfordecision:
As Mr Herlihy had admitted the breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr Herlihy had previously breached this Rule on 2 March 2012 when he was fined the sum of $250-00, and that this was a $150,000-00 Group 1 race. Mr Herlihy had had 359 drives this season. Mr McIntyre submitted that a fine of $300-00 should be imposed in this case.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
To Mr Herlihy’s credit we took into account that he had admitted this breach, and also that he is a very busy driver. On the other hand we also took into account that this was a $150,000-00 Group 1 race and the previous conviction. After looking at the JCA database for previous penalties imposed, and taking all relevant matters into account, we decided that a fine of $300-00 would be imposed in this case.
penalty:
Mr Herlihy was fined the sum of $300-00.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr A G Herlihy - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f785d5749847338686f8bdd58a5b39cd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8dc910f015746552397bb3e45d56bc00
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2012
meet_title: NZ Metro TC - 12 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC