NZ Metro TC – 24 June 2008 – Race 3
ID: JCA20590
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 24 June 2008
Race Date:
2008/06/24
Race Number:
Race 3
Decision:
Following the running of Race 3, Double E Stables Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mrs A J Tomlinson, alleging a breach of Rule 868 (3) in that Mrs Tomlinson “failed to drive VOLARE out in the run home when finishing second”.
DECISION AND REASONS:
--Following the running of Race 3, Double E Stables Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mrs A J Tomlinson, alleging a breach of Rule 868 (3) in that Mrs Tomlinson “failed to drive VOLARE out in the run home when finishing second”.
----
Mrs Tomlinson was present at the hearing of the information and indicated that she did not admit the breach. Mrs Tomlinson was given the opportunity, because of the serious nature of the charge, to request an adjournment of the hearing to enable her to prepare her defence and, perhaps, seek advice in relation to the charge. She elected not to seek an adjournment and the hearing proceeded.
----
After hearing the evidence of both parties, the Committee delivered the following oral decision:
--“In this case, Mrs Tomlinson is charged pursuant to Rule 868 (3) with failing to drive VOLARE in Race 3 out to the end of the race when the mare had a reasonable chance of running in the first six placings. VOLARE finished in 2nd placing and the official margin between 1st and 2nd in the race was a head. Mr Ydgren alleged that, after trailing the leader round the final bend, Mrs Tomlinson had failed to drive out VOLARE out in a satisfactory manner. He submitted that she must be seen to take action to urge the horse on – those actions must be “demonstrable and discernible” so that they can be seen. Mr Ydgren further stated that Mrs Tomlinson was carrying a whip and, therefore, must be seen to be using it unless there are “mitigating circumstances”. He alleged that VOLARE could not be seen to be hanging or trotting roughly. Mr Ydgren showed the final 300 metres of the race on video replay. Mrs K R Williams, Stipendiary Steward, gave evidence to the hearing to the effect that, from her observation of the video replay, Mrs Tomlinson’s actions were, under the Rule, insufficient.
----
Mrs Tomlinson stated that, in recent starts, VOLARE has broken. The mare she described as a “very unsafe trotter” and she had to “hold on to her”. Today the mare did not gallop but had been hanging throughout the race, Mrs Tomlinson said, and was still doing so in the run home. She stated she had been “ginger” about pulling the earplugs and had “jigged” the mare with the reins and had hit her three times with the whip. Mrs Tomlinson said that if she had taken one hand off the reins the mare would probably have broken.
----
The Rule requires a driver to “drive out” his or horse to the end of the race. Driving out is not defined in the Rules but it is recognized that this must involve demonstrable or discernible actions – in other words, it must be apparent to an observer that the driver has take some action to get the best from a horse. Those actions should, as a minimum, involve some urging with the reins or using the whip on the horse, harness or sulky. Punters who invest money on horse races are entitled to expect this of a driver with a chance of running in the first six placings. In this case, VOLARE failed by a head to win the race. It can only be speculation to say what the outcome of the race would have been had Mrs Tomlinson showed more vigour in the run home. She asserted that the mare would have broken had she done so. We will never know!
----
The Committee finds that Mrs Tomlinson did not drive her mare out to the finish of the race to the extent required by the Rule. Her actions in the run home fell short of what is required. Any strikes with the whip were barely discernible and amounted to no more than gentle taps. Furthermore, no urging with the reins was discernible. Mrs Tomlinson has, simply, not done enough on this occasion and I find the charge against her to be proved”.
----
PENALTY:
--The Committee then heard submissions from the parties after which it delivered the following oral decision in relation to penalty:
--“In relation to penalty in this matter, Mr Ydgren has informed the Committee that Mrs Tomlinson has no previous breaches of this Rule and tells us that she has had 149 lifetime drives of which 70 have been this season. So, based on this season’s statistics, that is approximately 3 drives every 2 weeks. Mr Ydgren said that the Stipendiary Stewards were seeking an extension for “a lengthy period” and then said that he did not seek a period of extension beyond the end of the current season on 31st July.
----
Mrs Tomlinson was given an opportunity to make submissions in relation to penalty but she declined to do so.
----
I note that the Harness Racing Penalty Guide issued by the JCA suggests that an appropriate penalty for a breach of this Rule is a $500 fine and/or a suspension for a period of 4 weeks.
----
Taking into account Mrs Tomlinson’s previous good record and Mr Ydgren’s submissions, Mrs Tomlinson’s Graduation Driver’s licence will be suspended from after the close of racing today up to and including 31st July 2008” so that is, effectively, for the balance of the current season.
----
R G McKenzie
--CHAIRMAN
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: a432a595771da43b914a7ea246451799
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 24/06/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 24 June 2008 - Race 3
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 3, Double E Stables Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mrs A J Tomlinson, alleging a breach of Rule 868 (3) in that Mrs Tomlinson “failed to drive VOLARE out in the run home when finishing second”.
DECISION AND REASONS:
--Following the running of Race 3, Double E Stables Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Graduation Driver, Mrs A J Tomlinson, alleging a breach of Rule 868 (3) in that Mrs Tomlinson “failed to drive VOLARE out in the run home when finishing second”.
----
Mrs Tomlinson was present at the hearing of the information and indicated that she did not admit the breach. Mrs Tomlinson was given the opportunity, because of the serious nature of the charge, to request an adjournment of the hearing to enable her to prepare her defence and, perhaps, seek advice in relation to the charge. She elected not to seek an adjournment and the hearing proceeded.
----
After hearing the evidence of both parties, the Committee delivered the following oral decision:
--“In this case, Mrs Tomlinson is charged pursuant to Rule 868 (3) with failing to drive VOLARE in Race 3 out to the end of the race when the mare had a reasonable chance of running in the first six placings. VOLARE finished in 2nd placing and the official margin between 1st and 2nd in the race was a head. Mr Ydgren alleged that, after trailing the leader round the final bend, Mrs Tomlinson had failed to drive out VOLARE out in a satisfactory manner. He submitted that she must be seen to take action to urge the horse on – those actions must be “demonstrable and discernible” so that they can be seen. Mr Ydgren further stated that Mrs Tomlinson was carrying a whip and, therefore, must be seen to be using it unless there are “mitigating circumstances”. He alleged that VOLARE could not be seen to be hanging or trotting roughly. Mr Ydgren showed the final 300 metres of the race on video replay. Mrs K R Williams, Stipendiary Steward, gave evidence to the hearing to the effect that, from her observation of the video replay, Mrs Tomlinson’s actions were, under the Rule, insufficient.
----
Mrs Tomlinson stated that, in recent starts, VOLARE has broken. The mare she described as a “very unsafe trotter” and she had to “hold on to her”. Today the mare did not gallop but had been hanging throughout the race, Mrs Tomlinson said, and was still doing so in the run home. She stated she had been “ginger” about pulling the earplugs and had “jigged” the mare with the reins and had hit her three times with the whip. Mrs Tomlinson said that if she had taken one hand off the reins the mare would probably have broken.
----
The Rule requires a driver to “drive out” his or horse to the end of the race. Driving out is not defined in the Rules but it is recognized that this must involve demonstrable or discernible actions – in other words, it must be apparent to an observer that the driver has take some action to get the best from a horse. Those actions should, as a minimum, involve some urging with the reins or using the whip on the horse, harness or sulky. Punters who invest money on horse races are entitled to expect this of a driver with a chance of running in the first six placings. In this case, VOLARE failed by a head to win the race. It can only be speculation to say what the outcome of the race would have been had Mrs Tomlinson showed more vigour in the run home. She asserted that the mare would have broken had she done so. We will never know!
----
The Committee finds that Mrs Tomlinson did not drive her mare out to the finish of the race to the extent required by the Rule. Her actions in the run home fell short of what is required. Any strikes with the whip were barely discernible and amounted to no more than gentle taps. Furthermore, no urging with the reins was discernible. Mrs Tomlinson has, simply, not done enough on this occasion and I find the charge against her to be proved”.
----
PENALTY:
--The Committee then heard submissions from the parties after which it delivered the following oral decision in relation to penalty:
--“In relation to penalty in this matter, Mr Ydgren has informed the Committee that Mrs Tomlinson has no previous breaches of this Rule and tells us that she has had 149 lifetime drives of which 70 have been this season. So, based on this season’s statistics, that is approximately 3 drives every 2 weeks. Mr Ydgren said that the Stipendiary Stewards were seeking an extension for “a lengthy period” and then said that he did not seek a period of extension beyond the end of the current season on 31st July.
----
Mrs Tomlinson was given an opportunity to make submissions in relation to penalty but she declined to do so.
----
I note that the Harness Racing Penalty Guide issued by the JCA suggests that an appropriate penalty for a breach of this Rule is a $500 fine and/or a suspension for a period of 4 weeks.
----
Taking into account Mrs Tomlinson’s previous good record and Mr Ydgren’s submissions, Mrs Tomlinson’s Graduation Driver’s licence will be suspended from after the close of racing today up to and including 31st July 2008” so that is, effectively, for the balance of the current season.
----
R G McKenzie
--CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 868.3
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 97b743596237698a9c6dbf635056f047
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race_title: Race 3
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meetdate: 24/06/2008
meet_title: NZ Metro TC - 24 June 2008
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