Marlborough HRC 12 January 2014 – R1
ID: JCA14648
Meet Title:
Marlborough HRC - 12 January 2014
Meet Chair:
KHales
Meet Committee Member 1:
PWilliams
Race Date:
2014/01/12
Race Number:
R1
Decision:
The charge is found proved accordingly.
Penalty:
Mrs Tomlinson is suspended from race driving for three racing days. Mrs Tomlinson has advised that she does not wish to apply for a deferment of the coming into effect of penalty. Thus, Mrs Tomlinson is suspended from race driving from the conclusion of racing on Sunday 12th of January 2014 until the conclusion of racing on Thursday 23rd January 2014. That period of suspension encompasses meetings at Addington, 17th January, Oamaru 19th January and Addington on 23rd January 2014.
Facts:
It was alleged that Mrs Tomlinson, when driving "Kerryn Kylie", over the final 120 metres of the race failed to take all reasonable and permissible measures that were available to her to ensure that her horse was given every opportunity to obtain the best possible finishing position. "Kerryn Kylie" finished in fourth place.
Mr Ydgren opened his case by saying that in the finishing stages of the race "Kerryn Kylie" was having difficulty in obtaining clear racing room. It was stuck behind a "wall of horses". However, Mrs Tomlinson shifted downwards and with 120 metres to run she obtained clear racing room and had every opportunity to improve. However, Mrs Tomlinson seemed to make no discernible effort to urge her horse forward other than to pull the removable earplugs.
Mr Ydgren asked Stipendiary Steward S Renault to point out the incident on the video, from the head on and side on camera views.
Mr Ydgren said that Mrs Tomlinson had every opportunity to improve. No action was shown to demonstrate that Mrs Tomlinson was doing what was required of her to get the best out of her horse. Mr Ydgren acknowledged that the horse was having its fourth start and had broken from its gait in two of its starts. However, Mr Ydgren observed that at the relevant time the horse was not giving any indication that it was about to gallop. It was trotting freely.
In the starts that the horse broke, in one case it broke with 200 metres to run, and on the other occasion it broke on the first bend.
Mrs Tomlinson said the horse was having its first trip away and that it had recently qualified. She said that it had broken on the first day at Nelson, one week prior, which she said was her fault because she drove her like an experienced horse when surrounded by other horses.
On the second day she went well and finished second in a field of thirteen. She said that her instructions from the trainer, Mr KB Ford, were to keep the horse away from the pylons and "just get her round". She said that her horse broke at the start, but only for a stride or two, as she had not put any pressure on the horse. As the race progressed, other horses broke around her, as they did on the bend which was a similar situation to what had happened at the Nelson meeting a week prior. However, in the race under consideration, her horse retained its composure, and she got into the trailing position and to three back.
At the stage of the race when the finish was approaching, Mrs Tomlinson said that she shifted ground three times and at the point when she achieved clear racing room, she said that her horse was trotting faster than it had ever trotted. However, she said that she was very conscious of what the horse might do, when she took her hands off the reins to pull the ear plugs. She was concerned as to what the horse might do if she urged it on with the reins. Mrs Tomlinson then said that she was pleasantly surprised with how the horse had "run on". In answer to a question from the Chairman, that having regard to the fact that she had managed to shift ground, had other horses all around her and yet the horse did not break, that perhaps she had made an error of judgment by not urging her horse on when she had clear racing room. Mrs Tomlinson agreed that she had made a "human error of judgment". She said that her inaction was not deliberate and that she was conscious of the horse's racing history.
In answer to a series of questions from Mr Ydgren, Mrs Tomlinson acknowledged that once she was in the clear (ie with 120 metres to run) she knew where the winning post was, but did not accept that she thought that she had second place "sewn up". She was aware that there provision in the rules that if a horse cannot "take the stick" then application can be made to not carry a whip. However, in answer to a question from the Committee, Mrs Tomlinson acknowledged that when she ran second at a Nelson, on the second day, that she had used the whip. She said that the horse trotted "roughly" and that she had plenty of time to use the whip in the long straight.
Submissions for Decision:
Mr Ydgren said, in summary, that the Stipendiary Stewards were not challenging Mrs Tomlinson's integrity. The case for the Stipendiary Stewards was that the evidence disclosed no obvious reason for Mrs Tomlinson to not place the horse under more pressure. She could have used the reins, tapped the cart with the whip, and urged it forward. She did nothing from the 120 metre peg, having just pulled the earplugs.
Reasons for Decision:
On race day, we gave the following reasons for our decision:
The essence of the charge is that Mrs Tomlinson failed to take all reasonable and permissible measures that were available to her to ensure that her horse was given every opportunity to obtain the best possible finishing position.
At the outset, we accept that Mrs Tomlinson's integrity is not under question. It has not been suggested by the Stipendiary Stewards that Mrs Tomlinson held her horse back deliberately.
In cases such as this, we are able to take cognisance of the racing manners and racing history of a horse, but in this instance, the horse has not had enough racing to establish a history. We note that the horse has now had four starts and that it has broken in two of its starts, but at different stages of the race. In one race it broke with 200 metres to run and on the other occasion at the first bend. In the horse's last start, it ran second, and Mrs Tomlinson acknowledged that she placed pressure on it, including using the whip. In the present case, Mrs Tomlinson when confronted by a "wall of horses" skilfully manoeuvred her horse in to place where she had a clear run to the finish, but then showed no urgency or vigour from that point on.
In the case before us, Mrs Tomlinson, on her own admission, acknowledged that her horse was travelling well and that she was pleasantly surprised by the way in which it ran home. The reality of the matter is that Mrs Tomlinson made an error of judgment. It would be easily perceived by the general racing public, that greater vigour could have been shown. We draw the same perception, and accordingly we are satisfied on the basis of all of the evidence placed before us that Mrs Tomlinson did not take all reasonable and permissible measures that were available to her to ensure that her horse finished in a better finishing position.
Submissions for Penalty:
Mr Ydgren advised the hearing that Mrs Tomlinson has a clean record over the last year. She has had 564 lifetime drives, and 43 drives in the current season. He referred to the Judicial Control Authority's Penalty Guide whereby the starting point is a 15 drive suspension or a fine of $750. He submitted that in this case a suspension equivalent to 10 to 15 drives was appropriate.
Mrs Tomlinson in response said that as most of her drives were for her father Mr KB Ford (Licensed Trainer) and that she did not get paid. Mrs Tomlinson was then questioned as to where she might be driving over the foreseeable future, and if a suspension was to be imposed, as to whether or not she wished to apply for a deferment of the coming into effect of any period of suspension.
Reasons for Penalty:
In this instance, having regard to Mrs Tomlinson's personal circumstances, namely that she does not get paid for her drives, we consider that a suspension is an appropriate penalty. In setting the period of suspension, we have had regard to Mrs Tomlinson's submissions with regard to the inexperience of the horse, and the fact that she made an error of judgment.
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.
hearingid: 9faf4396bc4df2eb822f0c95df02a871
informantnumber: A6460
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failimng to all reasonable and permissible measures
plea: denied
penaltyrequired: 1
decisiondate: 06/01/2014
hearing_title: Marlborough HRC 12 January 2014 - R1
charge:
facts:
It was alleged that Mrs Tomlinson, when driving "Kerryn Kylie", over the final 120 metres of the race failed to take all reasonable and permissible measures that were available to her to ensure that her horse was given every opportunity to obtain the best possible finishing position. "Kerryn Kylie" finished in fourth place.
Mr Ydgren opened his case by saying that in the finishing stages of the race "Kerryn Kylie" was having difficulty in obtaining clear racing room. It was stuck behind a "wall of horses". However, Mrs Tomlinson shifted downwards and with 120 metres to run she obtained clear racing room and had every opportunity to improve. However, Mrs Tomlinson seemed to make no discernible effort to urge her horse forward other than to pull the removable earplugs.
Mr Ydgren asked Stipendiary Steward S Renault to point out the incident on the video, from the head on and side on camera views.
Mr Ydgren said that Mrs Tomlinson had every opportunity to improve. No action was shown to demonstrate that Mrs Tomlinson was doing what was required of her to get the best out of her horse. Mr Ydgren acknowledged that the horse was having its fourth start and had broken from its gait in two of its starts. However, Mr Ydgren observed that at the relevant time the horse was not giving any indication that it was about to gallop. It was trotting freely.
In the starts that the horse broke, in one case it broke with 200 metres to run, and on the other occasion it broke on the first bend.
Mrs Tomlinson said the horse was having its first trip away and that it had recently qualified. She said that it had broken on the first day at Nelson, one week prior, which she said was her fault because she drove her like an experienced horse when surrounded by other horses.
On the second day she went well and finished second in a field of thirteen. She said that her instructions from the trainer, Mr KB Ford, were to keep the horse away from the pylons and "just get her round". She said that her horse broke at the start, but only for a stride or two, as she had not put any pressure on the horse. As the race progressed, other horses broke around her, as they did on the bend which was a similar situation to what had happened at the Nelson meeting a week prior. However, in the race under consideration, her horse retained its composure, and she got into the trailing position and to three back.
At the stage of the race when the finish was approaching, Mrs Tomlinson said that she shifted ground three times and at the point when she achieved clear racing room, she said that her horse was trotting faster than it had ever trotted. However, she said that she was very conscious of what the horse might do, when she took her hands off the reins to pull the ear plugs. She was concerned as to what the horse might do if she urged it on with the reins. Mrs Tomlinson then said that she was pleasantly surprised with how the horse had "run on". In answer to a question from the Chairman, that having regard to the fact that she had managed to shift ground, had other horses all around her and yet the horse did not break, that perhaps she had made an error of judgment by not urging her horse on when she had clear racing room. Mrs Tomlinson agreed that she had made a "human error of judgment". She said that her inaction was not deliberate and that she was conscious of the horse's racing history.
In answer to a series of questions from Mr Ydgren, Mrs Tomlinson acknowledged that once she was in the clear (ie with 120 metres to run) she knew where the winning post was, but did not accept that she thought that she had second place "sewn up". She was aware that there provision in the rules that if a horse cannot "take the stick" then application can be made to not carry a whip. However, in answer to a question from the Committee, Mrs Tomlinson acknowledged that when she ran second at a Nelson, on the second day, that she had used the whip. She said that the horse trotted "roughly" and that she had plenty of time to use the whip in the long straight.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said, in summary, that the Stipendiary Stewards were not challenging Mrs Tomlinson's integrity. The case for the Stipendiary Stewards was that the evidence disclosed no obvious reason for Mrs Tomlinson to not place the horse under more pressure. She could have used the reins, tapped the cart with the whip, and urged it forward. She did nothing from the 120 metre peg, having just pulled the earplugs.
reasonsfordecision:
On race day, we gave the following reasons for our decision:
The essence of the charge is that Mrs Tomlinson failed to take all reasonable and permissible measures that were available to her to ensure that her horse was given every opportunity to obtain the best possible finishing position.
At the outset, we accept that Mrs Tomlinson's integrity is not under question. It has not been suggested by the Stipendiary Stewards that Mrs Tomlinson held her horse back deliberately.
In cases such as this, we are able to take cognisance of the racing manners and racing history of a horse, but in this instance, the horse has not had enough racing to establish a history. We note that the horse has now had four starts and that it has broken in two of its starts, but at different stages of the race. In one race it broke with 200 metres to run and on the other occasion at the first bend. In the horse's last start, it ran second, and Mrs Tomlinson acknowledged that she placed pressure on it, including using the whip. In the present case, Mrs Tomlinson when confronted by a "wall of horses" skilfully manoeuvred her horse in to place where she had a clear run to the finish, but then showed no urgency or vigour from that point on.
In the case before us, Mrs Tomlinson, on her own admission, acknowledged that her horse was travelling well and that she was pleasantly surprised by the way in which it ran home. The reality of the matter is that Mrs Tomlinson made an error of judgment. It would be easily perceived by the general racing public, that greater vigour could have been shown. We draw the same perception, and accordingly we are satisfied on the basis of all of the evidence placed before us that Mrs Tomlinson did not take all reasonable and permissible measures that were available to her to ensure that her horse finished in a better finishing position.
Decision:
The charge is found proved accordingly.
sumissionsforpenalty:
Mr Ydgren advised the hearing that Mrs Tomlinson has a clean record over the last year. She has had 564 lifetime drives, and 43 drives in the current season. He referred to the Judicial Control Authority's Penalty Guide whereby the starting point is a 15 drive suspension or a fine of $750. He submitted that in this case a suspension equivalent to 10 to 15 drives was appropriate.
Mrs Tomlinson in response said that as most of her drives were for her father Mr KB Ford (Licensed Trainer) and that she did not get paid. Mrs Tomlinson was then questioned as to where she might be driving over the foreseeable future, and if a suspension was to be imposed, as to whether or not she wished to apply for a deferment of the coming into effect of any period of suspension.
reasonsforpenalty:
In this instance, having regard to Mrs Tomlinson's personal circumstances, namely that she does not get paid for her drives, we consider that a suspension is an appropriate penalty. In setting the period of suspension, we have had regard to Mrs Tomlinson's submissions with regard to the inexperience of the horse, and the fact that she made an error of judgment.
penalty:
Mrs Tomlinson is suspended from race driving for three racing days. Mrs Tomlinson has advised that she does not wish to apply for a deferment of the coming into effect of penalty. Thus, Mrs Tomlinson is suspended from race driving from the conclusion of racing on Sunday 12th of January 2014 until the conclusion of racing on Thursday 23rd January 2014. That period of suspension encompasses meetings at Addington, 17th January, Oamaru 19th January and Addington on 23rd January 2014.
hearing_type: Hearing
Rules: Rule 868(2)
Informant: Mr N Ydgren - Stipendiary Steward.
JockeysandTrainer: Mrs A Tomlinson - Licensed Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bc9a765c4a515c52a74d358e661db065
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
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meetdate: 12/01/2014
meet_title: Marlborough HRC - 12 January 2014
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meet_racingtype: harness-racing
meet_chair: KHales
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name: Marlborough HRC