Oamaru HRC 13 September 2015 – R 9 – Chair, Prof G Hall
ID: JCA15774
Meet Title:
Oamaru HRC - 13 September 2015
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2015/09/13
Race Number:
R9
Decision:
Mrs Tomlinson admitted the charge. The breach is thus proved.
Penalty:
Mrs Tomlinson is fined $225.
Facts:
Following the running of race 9 the FAREWELL JACCKA JUSTY HDCP TROT the Stewards lodged an information alleging a breach of Rule 869 (3)(b) in that Mrs Tomlinson attempted to shift ground with approximately 200 metres to run causing ZACHARY BINX to break.
Rule 869(3)(b) reads: No horseman in any race shall drive carelessly.
Mr Allison, with the use of the videos, showed the incident in the home straight with approximately 150m to run. He stated ZACHARY BINX was in a trailing position behind the leaders. Mrs Tomlinson had attempted to shift outwards to gain a clear run, but in doing so struck the wheels of THE ZIGMEISTER and FEATHER BOYZ, causing ZACHARY BINX to break and lose its chances. A leg of ZACHARY BINX briefly got caught in the back of the cart of THE ZIGMEISTER.
Mrs Tomlinson stated she had shifted ZACHARY BINX to a cover position down the back straight. This had proved the horses undoing as he began racing keenly and started to give her a hard drive. She was trying to hold on and pull him back. Just prior to angling out for a run she believed the horse had brushed a knee causing him to break and strike the wheels.
Submissions for Penalty:
Mr Allison said Mrs Tomlinson had an excellent record and he could not remember the last time she had appeared before the Stewards. She averaged between 80 and 100 drives per season and was having her first drive this season. She had admitted the breach, which was at the low end of the scale. It was an error of judgement and there were mitigating factors in her favour. He was seeking a fine at the lower end of the scale.
Mrs Tomlinson stated she had a clear record and had admitted the charge. She did not claim a driving fee and requested that the Committee consider imposing a fine rather than suspension. She said she had 10 horses in work.
Reasons for Penalty:
Mrs Tomlinson has said this was ZACHARY BINX’s first run this season. He is a very keen, strong horse and that it was a poor decision on her part to put him between horses at the time she did. On reflection it would have been better to have stayed in the one one position.
In allowing ZACHARY BINX to strike the back of the cart of THE ZIGMEISTER and to strike a wheel of FEATHER BOYZ, her driving has fallen below the required standard as she has acknowledged through her admission of the breach.
We agree the breach is at the lower end of the range, although Mrs Tomlinson is perhaps fortunate that the only horse affected, was her own.
Mrs Tomlinson’s record is excellent. She has had no breaches in the previous 2 seasons and she says she cannot remember when she was last in the room. She has also admitted the breach at the first opportunity and has been frank in her assessment of her drive.
We take a starting point of $500 and reduce the penalty to take account of these mitigating factors.
JCA Decision Fields (raw)
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hearingid: ceefba8cb0de597b5c737bf3fd4544ec
informantnumber: A1428
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2015
hearing_title: Oamaru HRC 13 September 2015 - R 9 - Chair, Prof G Hall
charge:
facts:
Following the running of race 9 the FAREWELL JACCKA JUSTY HDCP TROT the Stewards lodged an information alleging a breach of Rule 869 (3)(b) in that Mrs Tomlinson attempted to shift ground with approximately 200 metres to run causing ZACHARY BINX to break.
Rule 869(3)(b) reads: No horseman in any race shall drive carelessly.
Mr Allison, with the use of the videos, showed the incident in the home straight with approximately 150m to run. He stated ZACHARY BINX was in a trailing position behind the leaders. Mrs Tomlinson had attempted to shift outwards to gain a clear run, but in doing so struck the wheels of THE ZIGMEISTER and FEATHER BOYZ, causing ZACHARY BINX to break and lose its chances. A leg of ZACHARY BINX briefly got caught in the back of the cart of THE ZIGMEISTER.
Mrs Tomlinson stated she had shifted ZACHARY BINX to a cover position down the back straight. This had proved the horses undoing as he began racing keenly and started to give her a hard drive. She was trying to hold on and pull him back. Just prior to angling out for a run she believed the horse had brushed a knee causing him to break and strike the wheels.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mrs Tomlinson admitted the charge. The breach is thus proved.
sumissionsforpenalty:
Mr Allison said Mrs Tomlinson had an excellent record and he could not remember the last time she had appeared before the Stewards. She averaged between 80 and 100 drives per season and was having her first drive this season. She had admitted the breach, which was at the low end of the scale. It was an error of judgement and there were mitigating factors in her favour. He was seeking a fine at the lower end of the scale.
Mrs Tomlinson stated she had a clear record and had admitted the charge. She did not claim a driving fee and requested that the Committee consider imposing a fine rather than suspension. She said she had 10 horses in work.
reasonsforpenalty:
Mrs Tomlinson has said this was ZACHARY BINX’s first run this season. He is a very keen, strong horse and that it was a poor decision on her part to put him between horses at the time she did. On reflection it would have been better to have stayed in the one one position.
In allowing ZACHARY BINX to strike the back of the cart of THE ZIGMEISTER and to strike a wheel of FEATHER BOYZ, her driving has fallen below the required standard as she has acknowledged through her admission of the breach.
We agree the breach is at the lower end of the range, although Mrs Tomlinson is perhaps fortunate that the only horse affected, was her own.
Mrs Tomlinson’s record is excellent. She has had no breaches in the previous 2 seasons and she says she cannot remember when she was last in the room. She has also admitted the breach at the first opportunity and has been frank in her assessment of her drive.
We take a starting point of $500 and reduce the penalty to take account of these mitigating factors.
penalty:
Mrs Tomlinson is fined $225.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison – Stipendiary Steward
JockeysandTrainer: Mrs A Tomlinson - Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 224126a37b096cde318be8000ed94bf0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1586b2185aa1ec1c1b86118db0abae56
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2015
meet_title: Oamaru HRC - 13 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Oamaru HRC