NZ Metro TC – 15 May 2009 – Race 7

hearingid: 64e3c12a916d89df49c87d8375bd1549

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startdate: 15/05/2009

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hearing_title: NZ Metro TC - 15 May 2009 - Race 7

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Following the running of Race 7, Garrard’s Sires’ Stakes Two-Year-Old Final, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr A G Herlihy, alleging that Mr Herlihy “drove carelessly when improving his horse outwards causing significant interference to CC STAR driven by T Mitchell”. Mr Herlihy was the driver of METALLICA in the Race.

Following the running of Race 7, Garrard’s Sires’ Stakes Two-Year-Old Final, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Driver, Mr A G Herlihy, alleging that Mr Herlihy “drove carelessly when improving his horse outwards causing significant interference to CC STAR driven by T Mitchell”. Mr Herlihy was the driver of METALLICA in the Race.

Mr Herlihy was present at the hearing of the information and he indicated to the Committee that he did not admit the breach.

Rule 869 provides as follows:

(3)   No horseman in any race shall drive:-

      (b)   carelessly.

Mrs K R Williams, Stipendiary Steward, showed video replays of the incident with approximately 1200 metres to run. She pointed out Mr Herlihy, driving METALLICA, 3-back on the markers at that point. He restrained back to move out into the one-out running line and continued out and, in doing so, checked CC STAR resulting in that horse breaking and having to be restrained to the rear of the field. Mr Herlihy had left the movement too late and CC STAR improved on his outside, had reached his wheel and was entitled to be there. Mr Herlihy continued out, resulting in interference to CC STAR, Mrs Williams alleged.

Mr Escott submitted that it was an error of judgment on Mr Herlihy’s part. He pointed out Mr Herlihy’s horse’s head turned outwards on the head-on video replay. However, CC STAR had improved to outside his wheel and that was the cause of that horse breaking, Mr Escott said. Outwards movements must be made with safety and, when such moves are made, it is encumbent upon the horseman to come out without causing interference. There was a horse improving on Mr Herlihy’s outer before he was fully out.

Mr Herlihy said that, when he started the manoeuvre, there was no horse outside him. By the time CC STAR had got outside him, his horse overreacted to being moved out from the markers and had raced greenly. When the interference happened, his horse’s head was actually turned inwards. He felt the horse coming out too far and he had straightened it. The interference did not occur until his horse had overreacted. If his horse had not overreacted, there would have been no interference. The horse was 95-100 per cent responsible for the interference, he said.  

Mr Herlihy called Mr T W Mitchell, driver of CC STAR, to give evidence to the hearing. He said that it happened “pretty quick”. Mr Herlihy’s horse “ducked out” at a vital stage. It was as a result of this that it contacted his horse. Mr Mitchell agreed, when asked by Mr Escott, that it was always a risk moving out in a two-year-old race.

Following a deliberation, the Committee delivered the following oral decision:

“We have listened to the evidence of both parties and we have carefully viewed the video replays of the incident with approximately 1200 metres to run in Race 7.

We find that Mr Herlihy, driving METALLICA, was racing 3-back on the markers. Just prior to the winning post with a round to go, he angled METALLICA out to get onto the back of a runner in the one-out line. Mr Herlihy submitted that his horse had overreacted, raced greenly and came out “too far”. He pointed out on the video replay that his horse’s head was facing in when the actual interference occurred. He submitted that the horse’s greenness was totally responsible for the interference to Mr Mitchell’s horse.

Mr Mitchell told the hearing that Mr Herlihy came out rather quickly the final part when he did come out but, in the main, we found Mr Mitchell’s evidence was not very helpful.

The question the Committee has to ask itself is did Mr Herlihy display the skill and care of a reasonable and prudent driver when he angled METALLICA off the markers with 1200 metres to run. It is self-evident that interference was caused to CC STAR and we need to decide whether that interference was caused by the actions of Mr Herlihy.

We are satisfied, on the balance of probabilities, that Mr Herlihy did not display the skill and care of a reasonable driver – he clearly misjudged his outward movement and may have misjudged the speed at which Mr Mitchell’s horse improved. It was encumbent on him to make the outward movement with safety. We find that he did not do so and, accordingly, we find that he drove carelessly. The charge is proved. We do not agree that the horse was to blame for the incident.” 

In relation to penalty, Mr Escott informed the Committee that Mr Herlihy had a clear record of careless driving breaches. However, he pointed out the status of the Race and recommended a fine of $600-700.

Mr Herlihy asked the Committee to consider a lesser fine.

The Committee, in determining penalty, noted that Mr Herlihy had a clear record and gave him credit for that. However, the Committee took into account the status of the Race (Group 1) and the stake payable ($200,000). Furthermore, the careless driving resulted in another runner’s chance in the Race being eliminated. The JCA Penalty Guide recommends, as a starting point for careless driving in a major race, a $600 fine and/or a suspension for 3 weeks.

Mr Herlihy was fined the sum of $600.    

R G McKenzie

CHAIRMAN

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