Franklin TC - 13 August 2010 - R 8
869(4)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Stipendiary Steward Mr T Taumanu
Defendant: Mr A G Herlihy
Information: 68695
Meeting: Franklin Trotting Club
Date: 13th August 2010
Venue: Alexandra Park
Race: 8
Rule No: 869(4)
Judicial Committee: B Rowe, Chairman – B Scott, Committee Member
Plea: Admitted – Mr Herlihy elected not to be present at the hearing
CHARGE(s):
Drove HONEY ROSE FALCON in a manner likely to cause interference in that he forced DOREENS DREAM driven by Mr Z Butcher to go over pylons with 1800metres to run.
FACTS:
Mr Taumanu showed and interpreted the video film of the incident. Mr Herlihy attempted to move his horse inwards into the trailing position behind the leader. There was insufficient room. This movement forced DOREENS DREAM inwards and the sulky wheel of that horse went over 2 or 3 pylons. Mr Herlihy took immediate corrective action. The chances of DOREENS DREAM were not affected.
SUBMISSION(s) ON PENALTY:
Mr Taumanu said the offending was below the mid point on the scale of seriousness. He said Mr Herlihy had driven on 521 occasions in the last 12months with no breaches of the rules against him. He submitted that a fine of $250 was appropriate.
REASON(s):
In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Taumanu, Mr Herlihy’s excellent driving record and agrees the offending is in the lower half on the scale of seriousness. This charge should have been in fact “causing interference”. The recommended starting point for that breach is a fine of $400 and / or 2 weeks suspension.
PENALTY:
Balancing the above matters but with emphasis on Mr Herlihy’s superb driving record a fine of $200 is imposed.
