Non Raceday Inquiry RIU v K Tomlinson – Decision dated 18 October 2020 – Chair, Mr P Knowles
ID: JCA13208
Decision:
BEFORE A JUDICIAL COMMITTEE
IN THE MATTER of the New Zealand - Rules of Harness - - Racing
IN THE MATTER of Information No. A13602
BETWEEN P WILLIAMS
Stipendiary Steward for the Racing Integrity Unit
Informant
AND-K TOMINLSON of Christchurch, Licensed Junior Driver
Respondent
Date of Hearing: -18 October 2020
Venue: -Oamaru Racecourse, Oamaru
Judicial Committee: Mr P Knowles, (Chair)
Present:-Mr V Munro, Stipendiary Steward representing the Informant Mr Williams
Ms K Tomlinson, the Respondent
Mr M Williamson, Senior Driver assisting Ms Tomlinson
Date of Decision:-18 October 2020
DECISION OF JUDICIAL COMMITTEE
Facts
Ms K Tomlinson was charged with a breach of r869(3)(b) – Careless Driving - following her drive on SWEET LORESS in Race 10 at the Metropolitan TC meeting held at Addington on the 17th September 2020.
The hearing, a Non Raceday Inquiry, was held prior to the start of the Oamaru HRC meeting at Oamaru on the 18th October 2020.
The Information was served on Ms Tomlinson on the 11th October by Mr P Williams – Stipendiary Steward, following the receipt of written authorisation from Mr M Godber – General Manager RIU.
At the hearing Mr P Williams did not appear and the RIU was represented by Mr V Munro – Stipendiary Steward - as the prosecuting Steward.
The Information alleged that Ms Tomlinson “…you drove carelessly by allowing SWEET LORESS to shift outwards during the run home resulting in you locking wheels with LENNOX BROMAC – J Cox.”
Rule 869 (3) (b) reads:
No driver in any race shall drive:
(b) carelessly.
Ms Tomlinson did not admit the charge and was assisted by Senior Driver, Mr M Williamson.
Submissions
Mr Munro, with the aid of the video, stated that SWEET LORESS was trailing the leader LENNOX BROMAC (JW Cox) as the field approached the home straight. He said LENNOX BROMAC maintained a straight course on entering the home straight and allowed SWEET LORESS access to the Passing Lane. Approximately 100m from the finish SWEET LORESS and LENNOX BROMAC locked wheels until the finish line.
Mr Munro then read out a Summary of Facts he had received from Mr Williams.
Ms Tomlinson would have known well prior the passing lane was to be available.
Did not steer the horse into position to launch her challenge. Instead started urging and left the horse to effectively steer itself.
Gave herself no margin of error whatsoever despite considerable space available to her inside.
Was more intent on hitting her horse than maintaining a straight course.
If she does not want to steer her horse she needs to ensure she has enough space and freedom to move about. This didn’t happen.
Mr Cox did not move to any extent to suggest he contributed.
Was not a sudden shift outwards, a gradual running out. Eventually Ms Tomlinson does correct but damage was already done and interference to herself unavoidable by that time. Was a steady outward move which she failed to place any importance on until too late.
Ms Tomlinson's lack of action (carelessness) has cost her, the connections and punters. Horse was travelling well, and she had allowed it to run up and lock Cox’s wheel.
At that stage of the race and with the momentum she had, and Mr Cox didn’t have, they would not have been able to unlock.
Entirely reasonable to suggest Ms Tomlinson could have won the race.
Mr Williamson stated that Ms Tomlinson had maintained a reasonably straight line. He believed there was a slight movement inwards by Mr Cox’s horse just prior to the sulkies locking wheels.
He said the main issue was when Ms Tomlinson struck the horse with the whip, it hung out and shifted out. Ms Tomlinson had taken corrective action to straighten her horse but with its forward momentum the sulkies locked wheels.
Ms Tomlinson stated that on entering the Passing Lane she had activated the removal ear-plugs and then used her whip twice. It was only when she struck the horse a third time with her whip that the horse shifted outwards. She had turned the horse’s head inwards to keep off Mr Cox, but the horse did not respond, resulting in locking wheels.
Summary
In summary Mr Munro stated that the Stewards were of the opinion that Ms Tomlinson had plenty of space in the Passing Lane to maintain a straight line. However, she had allowed her horse to drift outwards resulting in locked wheels and had reacted too late.
Mr Williamson stated that it was Ms Tomlinson’s last strike with the stick, which resulted in the horse shifting ground about 20 metres prior to locking wheels, which resulted in the incident. She had made every effort to get back.
Ms Tomlinson stated the horse ran out when struck with the whip. Mr Cox’s horse had shifted inwards slightly also which had contributed.
Reasons for Decision
There are two issues to consider, firstly the Passing Lane and secondly “shifting ground”. The Stewards are of the opinion that had Ms Tomlinson shifted SWEET LORESS inwards further into the Passing Lane she would have had ample room. Therefore, any shifting would not have resulted in locking wheels.
The Passing Lanes, False Rails and Home Straight Regulations clauses 1a, 4 and 5 make reference to the Passing Lane being made available for trailing horses. However, neither clause makes reference as to what position a horse should occupy in the Passing Lane.
As to “shifting ground” clause 7 refers to: ”… every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
On entering the Passing Lane in the home straight Ms Tomlinson is not required to shift further down into the Passing Lane. The video clearly shows there was space on her outside between her horse and Mr Cox’s horse.
Ms Tomlinson activated the removable ear plugs and then struck the horse twice. SWEET LORESS continued in a straight line. There was a discernible pause in Ms Tomlinson’s whip action and when she struck the horse a third time it shifted ground outwards resulting in the locking of wheels. Ms Tomlinson made every attempt to correct the movement. This is also clear on the video.
Mr Cox’s horse LENNOX BROMAC did shift inward but that shifting was negligible. But it was the shifting outwards by SWEET LORESS which ultimately led to the locking of wheels.
Prior to SWEET LORESS shifting outwards when struck with the whip Ms Tomlinson had not done anything which in the committee’s opinion was careless. The resulting locking of wheels was the manners of the horse SWEET LORESS.
Decision
The charge is dismissed.
P Knowles
Chair
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 23/10/2020
Publish Date: 23/10/2020
JCA Decision Fields (raw)
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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.
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hearing_title: Non Raceday Inquiry RIU v K Tomlinson - Decision dated 18 October 2020 - Chair, Mr P Knowles
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE
IN THE MATTER of the New Zealand - Rules of Harness - - Racing
IN THE MATTER of Information No. A13602
BETWEEN P WILLIAMS
Stipendiary Steward for the Racing Integrity Unit
Informant
AND-K TOMINLSON of Christchurch, Licensed Junior Driver
Respondent
Date of Hearing: -18 October 2020
Venue: -Oamaru Racecourse, Oamaru
Judicial Committee: Mr P Knowles, (Chair)
Present:-Mr V Munro, Stipendiary Steward representing the Informant Mr Williams
Ms K Tomlinson, the Respondent
Mr M Williamson, Senior Driver assisting Ms Tomlinson
Date of Decision:-18 October 2020
DECISION OF JUDICIAL COMMITTEE
Facts
Ms K Tomlinson was charged with a breach of r869(3)(b) – Careless Driving - following her drive on SWEET LORESS in Race 10 at the Metropolitan TC meeting held at Addington on the 17th September 2020.
The hearing, a Non Raceday Inquiry, was held prior to the start of the Oamaru HRC meeting at Oamaru on the 18th October 2020.
The Information was served on Ms Tomlinson on the 11th October by Mr P Williams – Stipendiary Steward, following the receipt of written authorisation from Mr M Godber – General Manager RIU.
At the hearing Mr P Williams did not appear and the RIU was represented by Mr V Munro – Stipendiary Steward - as the prosecuting Steward.
The Information alleged that Ms Tomlinson “…you drove carelessly by allowing SWEET LORESS to shift outwards during the run home resulting in you locking wheels with LENNOX BROMAC – J Cox.”
Rule 869 (3) (b) reads:
No driver in any race shall drive:
(b) carelessly.
Ms Tomlinson did not admit the charge and was assisted by Senior Driver, Mr M Williamson.
Submissions
Mr Munro, with the aid of the video, stated that SWEET LORESS was trailing the leader LENNOX BROMAC (JW Cox) as the field approached the home straight. He said LENNOX BROMAC maintained a straight course on entering the home straight and allowed SWEET LORESS access to the Passing Lane. Approximately 100m from the finish SWEET LORESS and LENNOX BROMAC locked wheels until the finish line.
Mr Munro then read out a Summary of Facts he had received from Mr Williams.
Ms Tomlinson would have known well prior the passing lane was to be available.
Did not steer the horse into position to launch her challenge. Instead started urging and left the horse to effectively steer itself.
Gave herself no margin of error whatsoever despite considerable space available to her inside.
Was more intent on hitting her horse than maintaining a straight course.
If she does not want to steer her horse she needs to ensure she has enough space and freedom to move about. This didn’t happen.
Mr Cox did not move to any extent to suggest he contributed.
Was not a sudden shift outwards, a gradual running out. Eventually Ms Tomlinson does correct but damage was already done and interference to herself unavoidable by that time. Was a steady outward move which she failed to place any importance on until too late.
Ms Tomlinson's lack of action (carelessness) has cost her, the connections and punters. Horse was travelling well, and she had allowed it to run up and lock Cox’s wheel.
At that stage of the race and with the momentum she had, and Mr Cox didn’t have, they would not have been able to unlock.
Entirely reasonable to suggest Ms Tomlinson could have won the race.
Mr Williamson stated that Ms Tomlinson had maintained a reasonably straight line. He believed there was a slight movement inwards by Mr Cox’s horse just prior to the sulkies locking wheels.
He said the main issue was when Ms Tomlinson struck the horse with the whip, it hung out and shifted out. Ms Tomlinson had taken corrective action to straighten her horse but with its forward momentum the sulkies locked wheels.
Ms Tomlinson stated that on entering the Passing Lane she had activated the removal ear-plugs and then used her whip twice. It was only when she struck the horse a third time with her whip that the horse shifted outwards. She had turned the horse’s head inwards to keep off Mr Cox, but the horse did not respond, resulting in locking wheels.
Summary
In summary Mr Munro stated that the Stewards were of the opinion that Ms Tomlinson had plenty of space in the Passing Lane to maintain a straight line. However, she had allowed her horse to drift outwards resulting in locked wheels and had reacted too late.
Mr Williamson stated that it was Ms Tomlinson’s last strike with the stick, which resulted in the horse shifting ground about 20 metres prior to locking wheels, which resulted in the incident. She had made every effort to get back.
Ms Tomlinson stated the horse ran out when struck with the whip. Mr Cox’s horse had shifted inwards slightly also which had contributed.
Reasons for Decision
There are two issues to consider, firstly the Passing Lane and secondly “shifting ground”. The Stewards are of the opinion that had Ms Tomlinson shifted SWEET LORESS inwards further into the Passing Lane she would have had ample room. Therefore, any shifting would not have resulted in locking wheels.
The Passing Lanes, False Rails and Home Straight Regulations clauses 1a, 4 and 5 make reference to the Passing Lane being made available for trailing horses. However, neither clause makes reference as to what position a horse should occupy in the Passing Lane.
As to “shifting ground” clause 7 refers to: ”… every horse shall upon entering the home straight prior to the finish maintain as straight a course as possible to the finish line.”
On entering the Passing Lane in the home straight Ms Tomlinson is not required to shift further down into the Passing Lane. The video clearly shows there was space on her outside between her horse and Mr Cox’s horse.
Ms Tomlinson activated the removable ear plugs and then struck the horse twice. SWEET LORESS continued in a straight line. There was a discernible pause in Ms Tomlinson’s whip action and when she struck the horse a third time it shifted ground outwards resulting in the locking of wheels. Ms Tomlinson made every attempt to correct the movement. This is also clear on the video.
Mr Cox’s horse LENNOX BROMAC did shift inward but that shifting was negligible. But it was the shifting outwards by SWEET LORESS which ultimately led to the locking of wheels.
Prior to SWEET LORESS shifting outwards when struck with the whip Ms Tomlinson had not done anything which in the committee’s opinion was careless. The resulting locking of wheels was the manners of the horse SWEET LORESS.
Decision
The charge is dismissed.
P Knowles
Chair
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