Auckland TC 6 June 2024 – R2 – Anthony Grant Herlihy

Evidence:

This charge arises from the running of Race 2, the NZ Horse Ambulance Trust Mobile Pace. An Information was filed by Senior Stipendiary Steward Mr Mulcay alleging Licensed Open Driver Mr A Herlihy, breached Rule 869(6)(c) in that he shifted his runner out to a three wide position near the 1200m forcing MAKO (D Butcher) to race wider on the track.

The ‘Pushout Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a)  Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position;

(b) a horse making a forward movement during any race shall not be forced to race wider on the track;

(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Mr Herlihy denied the charge.  He was present at the hearing.

Senior Stipendiary Steward Mr Mulcay, used available video footage to demonstrate the breach. He identified the horses and Drivers relevant to the breach, namely HAWKEYE PIERCE (Mr Herlihy) and MAKO (Mr Butcher). Mr Mulcay said that passing the 1300 metre mark, HAWKEYE PIERCE was racing one out in a 2-wide position near the rear of the field. He said that near the 1200m mark, Mr Herlihy shifted his runner out to be three wide position, forcing MAKO to race wider on the track. In doing so, Mr Mulcay said that Mr Herlihy’s actions were in breach of the ‘Push-out’ Rule.

In response, Mr Herlihy said that he was concerned about difficulties he was experiencing with his horse at that point in the running. He decided to come out after having looked to his left, to ensure that he could. He said that his horse had been the subject of comment in the Steward’s Report, in respect of its last race as to its manners. He said that circumstances contributed to the incident, which need to be taken into account.

Reasons for Decision:

The Adjudicative Committee, having considered the video evidence and the submissions made by both Mr Mulcay and Mr Herlihy, found that the elements of the charge had been made out and, on that basis, proven.

The films clearly demonstrated that Mr Herlihy was in breach of the Rule due to HAWKEYE PIERCE pushing out and forcing MAKO, as a consequence, to race wider on the track.

Decision:

The charge was found proved.

Submissions for Penalty:

Mr Mulcay advised that Mr Herlihy had a clear record with this Rule and the RIB Penalty Guide has a recommended starting point of a $200 fine.  He said Stewards would not be seeking an uplift on the recommended starting point.

Mr Herlihy had nothing to add with regards to penalty.

Reasons for Penalty:

After evaluating the evidence and submissions, the Adjudicative Committee determined the breach could appropriately be dealt with by way of a fine.

The Adjudicative Committee took into account Mr Herlihy’s good record and also his comments concerning HAWKEYE PIERCE’S racing manners at the time of the incident.

Conclusion:

Accordingly, Mr Herlihy was fined $200.