NZ Metro TC – 19 May 2006 – Race 7
ID: JCA19952
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 19 May 2006
Race Date:
2006/05/19
Race Number:
Race 7
Decision: --
Following the running of Race 7, Garrard's Sires' Stakes 2YO Series Final, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A G Herlihy, alleging that Mr Herlihy drove in a manner which interfered with or was likely to interfere with another horseman
--
DECISION AND REASONS:
--Following the running of Race 7, Garrard's Sires' Stakes 2YO Series Final, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A G Herlihy, alleging that Mr Herlihy drove in a manner which interfered with or was likely to interfere with another horseman and/or horse in that, as the driver of FERGIEMACK in the Race, he "shifted in shortly after the start checking CAST ADRIFT (K M Barron)".
----Mr Herlihy was present at the hearing of the information and did not admit the breach.
----Mr McIntyre called Mr Barron to give evidence. Mr Barron stated that Mr Herlihy, which had drawn wide had come across. Mr Barron said that he was unable to "get back in time" and touched Mr Herlihy's wheel and "lost a length". There was contact made with Mr Herlihy's sulky.
----Having heard the evidence of Mr Barron, Mr Herlihy asked the Committee if he could change his plea and admit the breach. Mr Herlihy said that he thought that he had only "tightened up" Mr Barron but accepted that Mr Barron was in a better position to say what had happened. He was not aware that CAST ADRIFT had made contact with his sulky. Mr Herlihy was granted leave to change his plea and the charge was, on that basis, found to be proved and the hearing proceeded in relation to penalty.
----Mr B D Williams, Assistant Stipendiary Steward, showed video replays of the incident. He pointed out FERGIEMACK, which had drawn 5 at the mobile 1950 metres start. CAST ADRIFT had drawn 2 on the second row. He showed that Mr Herlihy had shifted across when not quite clear of CAST ADRIFT and, as a result, Mr Barron had to check slightly. MOMBASSA (C J De Filippi), which was racing behind CAST ADRIFT, had received "very minor inconvenience" and Mr Williams explained that Mr De Filippi had reported that MOMBASSA had contributed to its own breaking. CAST ADRIFT had lost only a length and was able to maintain its position on the back of FERGIEMACK. Mr Barron had reported to the Stipendiary Stewards that his chances were not affected.
----Mr McIntyre submitted that the Race was a $150,000 race. The Committee noted that it was a Group 1 event. Mr Herlihy had a clear record. Mr McIntyre recommended a fine of $400.
----Mr Herlihy said that he was unaware of what had happened until after the race. He thought that he may have squeezed up CAST ADRIFT. He did not think that there had been any contact but accepted what Mr Barron had said in this regard. He admitted that, after viewing the video replays, he had squeezed up Mr Barron and forced him to take hold.
----Mr Herlihy made no submissions in relation to the recommended penalty but referred to his good driving record.
----The Committee, in arriving at penalty, took into account Mr Herlihy's admission of the breach immediately he had heard the evidence of Mr Barron, his clear record and the fact no other runner had its chances affected. The Committee also took into account, as an aggravating factor, the status of the Race and the stake payable, as submitted by Mr McIntyre.
----Mr Herlihy was fined the sum of $400.00.
----R G McKenzie
----CHAIRMAN
--------
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: 51945dccf975f0bdc9102be78046ae74
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/05/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 19 May 2006 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 7, Garrard's Sires' Stakes 2YO Series Final, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A G Herlihy, alleging that Mr Herlihy drove in a manner which interfered with or was likely to interfere with another horseman
--
DECISION AND REASONS:
--Following the running of Race 7, Garrard's Sires' Stakes 2YO Series Final, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr A G Herlihy, alleging that Mr Herlihy drove in a manner which interfered with or was likely to interfere with another horseman and/or horse in that, as the driver of FERGIEMACK in the Race, he "shifted in shortly after the start checking CAST ADRIFT (K M Barron)".
----Mr Herlihy was present at the hearing of the information and did not admit the breach.
----Mr McIntyre called Mr Barron to give evidence. Mr Barron stated that Mr Herlihy, which had drawn wide had come across. Mr Barron said that he was unable to "get back in time" and touched Mr Herlihy's wheel and "lost a length". There was contact made with Mr Herlihy's sulky.
----Having heard the evidence of Mr Barron, Mr Herlihy asked the Committee if he could change his plea and admit the breach. Mr Herlihy said that he thought that he had only "tightened up" Mr Barron but accepted that Mr Barron was in a better position to say what had happened. He was not aware that CAST ADRIFT had made contact with his sulky. Mr Herlihy was granted leave to change his plea and the charge was, on that basis, found to be proved and the hearing proceeded in relation to penalty.
----Mr B D Williams, Assistant Stipendiary Steward, showed video replays of the incident. He pointed out FERGIEMACK, which had drawn 5 at the mobile 1950 metres start. CAST ADRIFT had drawn 2 on the second row. He showed that Mr Herlihy had shifted across when not quite clear of CAST ADRIFT and, as a result, Mr Barron had to check slightly. MOMBASSA (C J De Filippi), which was racing behind CAST ADRIFT, had received "very minor inconvenience" and Mr Williams explained that Mr De Filippi had reported that MOMBASSA had contributed to its own breaking. CAST ADRIFT had lost only a length and was able to maintain its position on the back of FERGIEMACK. Mr Barron had reported to the Stipendiary Stewards that his chances were not affected.
----Mr McIntyre submitted that the Race was a $150,000 race. The Committee noted that it was a Group 1 event. Mr Herlihy had a clear record. Mr McIntyre recommended a fine of $400.
----Mr Herlihy said that he was unaware of what had happened until after the race. He thought that he may have squeezed up CAST ADRIFT. He did not think that there had been any contact but accepted what Mr Barron had said in this regard. He admitted that, after viewing the video replays, he had squeezed up Mr Barron and forced him to take hold.
----Mr Herlihy made no submissions in relation to the recommended penalty but referred to his good driving record.
----The Committee, in arriving at penalty, took into account Mr Herlihy's admission of the breach immediately he had heard the evidence of Mr Barron, his clear record and the fact no other runner had its chances affected. The Committee also took into account, as an aggravating factor, the status of the Race and the stake payable, as submitted by Mr McIntyre.
----Mr Herlihy was fined the sum of $400.00.
----R G McKenzie
----CHAIRMAN
--------
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c93b65241f583d13bc61ab695a3c5d03
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1964b13f588ed0b83665eb12b5e9729e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/05/2006
meet_title: NZ Metro TC - 19 May 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC