Methven TC 16 September 2018 – R 6 – Chair, Mr R McKenzie
ID: JCA15315
Meet Title:
Methven TC - 16 September 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/09/16
Race Number:
R6
Decision:
Miss Tomlinson having admitted the charge, the charge was found proved.
Penalty:
Miss Tomlinson’s application for a deferment is granted. Her Junior Driver’s licence is suspended from after the close of racing on 22 September 2018 up to and including 28 September 2018 – 3 days. The meetings intended to be encompassed by the period of suspension are Oamaru HRC on 23 September, Winton HRC on 27 September and NZ Metropolitan TC on 28 September.
Facts:
Following the running of Race 6, Woolston Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Miss SJ Tomlinson, alleging that Miss Tomlinson, as the driver of HURRICANE BANNER in the race, was “careless by allowing HURRICANE BANNER to shift inwards near the 250 metres crowding MR ASIA (CD Thornley) causing this runner to check and lose ground with EJA PATRON (JC Morrison) being checked as a consequence”.
Miss Tomlinson was present at the hearing of the information. She indicated that she understood the Rule and the charge and that she admitted the breach. Miss Tomlinson, a Junior Driver, told the Committee that she had received advice from Licensed Open Horseman, Mr JW Cox, prior to entering a plea to the charge but that she did not require assistance at the hearing.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault showed side-on and head-on video replays of the incident near the 250 metres. He pointed out HURRICANE BANNER, driven by Miss Tomlinson, improving 4-wide as the field turned into the home straight. Immediately to her inside at that point was MR ASIA (CD Thornley) and, on its back, was EJA PATRON (JC Morrison). Miss Tomlinson’s horse commenced to hang inwards, Mr Renault said. Miss Tomlinson went to activate the removable deafeners with her right hand (the Committee observed that she made several unsuccessful attempts), but they failed to activate. As a result, the horse shifted ground inwards, crowding Mr Thornley and forcing him to take a hold and checking the following runner, EJA PATRON. Miss Tomlinson did attempt to straighten her horse but it was not until after MR ASIA had been tightened, Mr Renault said.
Miss Tomlinson said that her horse’s inwards movement was “quite quick” but she did not make contact with MR ASIA. She showed on the video replay that, when Mr Thornley did get tightened, the runner on his inside, AWESOME RUSH (MDJ Hurrell) did run out slightly which, she submitted, contributed to the tightening. Miss Tomlinson said that, as soon as her horse ran in, she did her best with the outside rein to correct it.
Mr Renault, when asked by the Committee, agreed that Mr Hurrell’s horse had moved out slightly but he did not agree that it had contributed to the incident which, he submitted, was solely the result of Miss Tomlinson’s runner’s inwards movement.
Submissions for Penalty:
Mr Renault informed the Committee that Miss Tomlinson has had 50 drives this season and, in the 2017/2018 season, had a total of 439 drives. She has a previous breach of the careless driving Rule on her record – at Oamaru on 17 June 2018 – for which she received a 3-day suspension for shifting ground when insufficiently clear. She has had 79 drives since that breach, so this breach should be regarded as a second offence.
Mr Renault referred to the Penalty Guide starting point of a 3-day suspension for a second breach within the reset period of six months. He submitted that a 3-day suspension was an appropriate penalty for this breach.
The matter of deferment was discussed at some length with Miss Tomlinson. She asked if the Committee would consider a combined penalty of a suspension and fine. She had flights booked to the two Southland meetings on 22 and 27 September. She gets most of her drives in Southland, she said. Mr Renault said that Stewards would be opposed to a combined penalty.
After some indecision, Miss Tomlinson told the Committee that she would seek a deferment to enable her to drive at Invercargill HRC on 22 September, with any suspension to commence after that meeting.
Reasons for Penalty:
In determining penalty, the Committee took the Penalty Guide starting point of a 3-day suspension. The breach was, in the view of the Committee, in the mid-range of seriousness so an adjustment to that starting point was not called for. Mr Renault has submitted for a 3-day suspension.
The sole mitigating factor was Miss Tomlinson’s admission of the breach which was, in any event, inevitable. A discount for that factor would have resulted in a less than sufficient penalty for the particular breach. The Committee was not prepared to consider a combined penalty in this case, as it did not consider the circumstances to be exceptional.
JCA Decision Fields (raw)
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hearingid: 836924d00ff091897cb685c8cfcf3af8
informantnumber: A10856
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 18/09/2018
hearing_title: Methven TC 16 September 2018 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Woolston Club Mobile Pace, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Junior Driver, Miss SJ Tomlinson, alleging that Miss Tomlinson, as the driver of HURRICANE BANNER in the race, was “careless by allowing HURRICANE BANNER to shift inwards near the 250 metres crowding MR ASIA (CD Thornley) causing this runner to check and lose ground with EJA PATRON (JC Morrison) being checked as a consequence”.
Miss Tomlinson was present at the hearing of the information. She indicated that she understood the Rule and the charge and that she admitted the breach. Miss Tomlinson, a Junior Driver, told the Committee that she had received advice from Licensed Open Horseman, Mr JW Cox, prior to entering a plea to the charge but that she did not require assistance at the hearing.
Rule 869 provides as follows:
(3) No horseman in any race shall drive:-
(b) carelessly.
Mr Renault showed side-on and head-on video replays of the incident near the 250 metres. He pointed out HURRICANE BANNER, driven by Miss Tomlinson, improving 4-wide as the field turned into the home straight. Immediately to her inside at that point was MR ASIA (CD Thornley) and, on its back, was EJA PATRON (JC Morrison). Miss Tomlinson’s horse commenced to hang inwards, Mr Renault said. Miss Tomlinson went to activate the removable deafeners with her right hand (the Committee observed that she made several unsuccessful attempts), but they failed to activate. As a result, the horse shifted ground inwards, crowding Mr Thornley and forcing him to take a hold and checking the following runner, EJA PATRON. Miss Tomlinson did attempt to straighten her horse but it was not until after MR ASIA had been tightened, Mr Renault said.
Miss Tomlinson said that her horse’s inwards movement was “quite quick” but she did not make contact with MR ASIA. She showed on the video replay that, when Mr Thornley did get tightened, the runner on his inside, AWESOME RUSH (MDJ Hurrell) did run out slightly which, she submitted, contributed to the tightening. Miss Tomlinson said that, as soon as her horse ran in, she did her best with the outside rein to correct it.
Mr Renault, when asked by the Committee, agreed that Mr Hurrell’s horse had moved out slightly but he did not agree that it had contributed to the incident which, he submitted, was solely the result of Miss Tomlinson’s runner’s inwards movement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Tomlinson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Miss Tomlinson has had 50 drives this season and, in the 2017/2018 season, had a total of 439 drives. She has a previous breach of the careless driving Rule on her record – at Oamaru on 17 June 2018 – for which she received a 3-day suspension for shifting ground when insufficiently clear. She has had 79 drives since that breach, so this breach should be regarded as a second offence.
Mr Renault referred to the Penalty Guide starting point of a 3-day suspension for a second breach within the reset period of six months. He submitted that a 3-day suspension was an appropriate penalty for this breach.
The matter of deferment was discussed at some length with Miss Tomlinson. She asked if the Committee would consider a combined penalty of a suspension and fine. She had flights booked to the two Southland meetings on 22 and 27 September. She gets most of her drives in Southland, she said. Mr Renault said that Stewards would be opposed to a combined penalty.
After some indecision, Miss Tomlinson told the Committee that she would seek a deferment to enable her to drive at Invercargill HRC on 22 September, with any suspension to commence after that meeting.
reasonsforpenalty:
In determining penalty, the Committee took the Penalty Guide starting point of a 3-day suspension. The breach was, in the view of the Committee, in the mid-range of seriousness so an adjustment to that starting point was not called for. Mr Renault has submitted for a 3-day suspension.
The sole mitigating factor was Miss Tomlinson’s admission of the breach which was, in any event, inevitable. A discount for that factor would have resulted in a less than sufficient penalty for the particular breach. The Committee was not prepared to consider a combined penalty in this case, as it did not consider the circumstances to be exceptional.
penalty:
Miss Tomlinson’s application for a deferment is granted. Her Junior Driver’s licence is suspended from after the close of racing on 22 September 2018 up to and including 28 September 2018 – 3 days. The meetings intended to be encompassed by the period of suspension are Oamaru HRC on 23 September, Winton HRC on 27 September and NZ Metropolitan TC on 28 September.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Miss SJ Tomlinson - Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 751bb4edbddba1df0208bacf3b2eea57
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
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race_chair:
race_pm1:
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meetid: b4b0ecafbf7f9f7e816a110623368d3b
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meetdate: 16/09/2018
meet_title: Methven TC - 16 September 2018
meet_expappcomment:
meet_km:
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tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: Methven TC