Gore HRC 27 December 2016 – R 5 – Chair, Prof G Hall
ID: JCA10568
Meet Title:
Gore HRC - 27 December 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/12/27
Race Number:
R 5
Decision:
Ms Tomlinson has admitted the breach of r 869(3)(b) (careless driving). We thus find the breach proved.
Penalty:
Ms Tomlinson’s horsewoman’s licence is suspended from the close of racing on 2 January up to and including 7 January 2017 (Roxburgh 4 January; Timaru 6 January and Cromwell 7 January — 3 southern days). She is reminded of her obligations under the Rules of Harness Racing.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 5 near the 700 metres Ms S Tomlinson (ROXY DALE) shifted the mare outwards and contacted the sulky wheel of BLACK ATHENA (Mr N Williamson) causing that horse to be checked and lose ground.
Mr Tidmarsh demonstrated on the videos that the respondent was in the one one with Mr Williamson behind her. Mr Williamson then improved to the outside of Ms Tomlinson and was established in that position. Shortly thereafter Ms Tomlinson moved wider on the track looking for a run and her cart made contact with a foreleg of BLACK ATHENA. That horse was checked and this resulted in interference to HONEY CULLEN (Mr Larsen), which was racing to Mr Williamson’s outside as he shifted out to make room for the respondent, with MAGNETIC WATCH (Mr Swain) also being checked.
Ms Tomlinson accepted Mr Tidmarsh’s description of the breach. However, both she and Mr Suddaby, who assisted her, emphasised that had she waited a little longer before moving she could have shifted Mr Williamson wider on the track in accordance with the Rules. The Committee noted that the respondent’s outwards movement was quite sharp and pointed out that her move would have to have been made with safety.
Submissions for Penalty:
Mr Tidmarsh produced the respondent’s record, which showed one breach of this rule earlier this month at Forbury Park. The starting point in the JCA Penalty Guide for the breach before us was thus 3 days’ suspension.
Mr Tidmarsh emphasised that three horses had lost their chance in the race due to the respondent’s carelessness. He submitted a one-day uplift was necessary before a one-day discount for mitigating factors.
After consideration of whether she would prefer a fine and a suspension, Ms Tomlinson stated she would accept a suspension.
Reasons for Penalty:
Mr Tidmarsh is correct when he emphasised that three horses had lost their chance in the race at a vital stage due to the respondent’s carelessness. We agree a one-day uplift is necessary from the three-day starting point identified in the Penalty Guide. The mitigating factors are the respondent’s admission of the breach and her excellent record prior to her breach earlier this month. She has had 142 drives last season and 104 this season, with just the one breach. These factors merit a one-day discount.
Ms Tomlinson sought a one-week deferment of the penalty. She has engagements on 2 January 2017 at Omakau. Mr Tidmarsh raised no objection to this.
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: 02d63d43d38b69542b02e9cc4e68e96a
informantnumber: A8557
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2016
hearing_title: Gore HRC 27 December 2016 - R 5 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 5 near the 700 metres Ms S Tomlinson (ROXY DALE) shifted the mare outwards and contacted the sulky wheel of BLACK ATHENA (Mr N Williamson) causing that horse to be checked and lose ground.
Mr Tidmarsh demonstrated on the videos that the respondent was in the one one with Mr Williamson behind her. Mr Williamson then improved to the outside of Ms Tomlinson and was established in that position. Shortly thereafter Ms Tomlinson moved wider on the track looking for a run and her cart made contact with a foreleg of BLACK ATHENA. That horse was checked and this resulted in interference to HONEY CULLEN (Mr Larsen), which was racing to Mr Williamson’s outside as he shifted out to make room for the respondent, with MAGNETIC WATCH (Mr Swain) also being checked.
Ms Tomlinson accepted Mr Tidmarsh’s description of the breach. However, both she and Mr Suddaby, who assisted her, emphasised that had she waited a little longer before moving she could have shifted Mr Williamson wider on the track in accordance with the Rules. The Committee noted that the respondent’s outwards movement was quite sharp and pointed out that her move would have to have been made with safety.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Tomlinson has admitted the breach of r 869(3)(b) (careless driving). We thus find the breach proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent’s record, which showed one breach of this rule earlier this month at Forbury Park. The starting point in the JCA Penalty Guide for the breach before us was thus 3 days’ suspension.
Mr Tidmarsh emphasised that three horses had lost their chance in the race due to the respondent’s carelessness. He submitted a one-day uplift was necessary before a one-day discount for mitigating factors.
After consideration of whether she would prefer a fine and a suspension, Ms Tomlinson stated she would accept a suspension.
reasonsforpenalty:
Mr Tidmarsh is correct when he emphasised that three horses had lost their chance in the race at a vital stage due to the respondent’s carelessness. We agree a one-day uplift is necessary from the three-day starting point identified in the Penalty Guide. The mitigating factors are the respondent’s admission of the breach and her excellent record prior to her breach earlier this month. She has had 142 drives last season and 104 this season, with just the one breach. These factors merit a one-day discount.
Ms Tomlinson sought a one-week deferment of the penalty. She has engagements on 2 January 2017 at Omakau. Mr Tidmarsh raised no objection to this.
penalty:
Ms Tomlinson’s horsewoman’s licence is suspended from the close of racing on 2 January up to and including 7 January 2017 (Roxburgh 4 January; Timaru 6 January and Cromwell 7 January — 3 southern days). She is reminded of her obligations under the Rules of Harness Racing.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Ms S Tomlinson - Junior Horsewoman
Otherperson: Mr A Suddaby - Open Horseman assisting Ms Tomlinson
PersonPresent:
Respondent:
StipendSteward:
raceid: 58c2936c5c2f9a02ccc4717352580391
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ca8c2447a1cab0b83c4430e7fcf22a2
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/12/2016
meet_title: Gore HRC - 27 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Gore HRC