Ashburton TC – 2 June 2008 – Race 7

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startdate: 02/06/2008

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hearing_title: Ashburton TC - 2 June 2008 - Race 7

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DECISION & REASON

Following the running of race 7 the Stipendiary Stewards filed an information under Rule 869 (3) (b) alleging that horsewoman, A Tomlinson, Tatoo, drove carelessly contacting the sulky of Ponderosa (C J De Filippi) resulting in Tatoo breaking with approximately 600 metres to run and again with 300 meters to run contacted the sulky of One for His Nob (J F Curtin).

At the outset of the hearing Mr McIntyre, in introducing the case for the Informant, said that twice during the run in the Stipendiary Stewards had noted that Ms Tomlinson had allowed Tatoo to come in to contact with the horse it was trailing and that they considered it careless driving on her part.

Mr De Filippi gave evidence in respect of the first incident and said that at that point in the race the pace had eased as it normally does in most races. He was racing a gap away from the horse in front and he was aware of Ms Tomlinson’s horse’s nose coming in contact with his helmet on two or three occasions. Just shortly after he looked round Tatoo came in contact with the sulky wheel of his drive Ponderosa and broke.

The video evidence was shown and Mrs Williams, Stipendiary Steward, asked the Committee to note that although there was a horse moving forward, that in her opinion and as shown on the video, that did not contribute to the breaking of Tatoo. She further said that Ms Tomlinson was aware of the horses habits and should have taken more care. 

Ms Tomlinson for her part said that the horse had got stirred up early in the race and she was having difficulty with it and thought that the slight easing of the pace contributed to the incident.

Mr Ford, the trainer of Tatoo, thought that the lead horse crossing may have contributed to the incident.

The hearing was adjourned at that point and on resumption Ms Tomlinson advised the Committee that she wished to seek leave to change her plea to admittance of both breaches. The Stipendiary Stewards had no objection to this and, accordingly, the plea was changed. The charges are, accordingly, found proven.

The Stipendiary Stewards said that in respect of both incidents they believed that Ms Tomlinson had not exercised the necessary care and that this was evident from the video evidence of both incidents. Ms Tomlinson, for her part, agreed saying after she had heard the evidence of Mr De Filippi and seeing the videos she accepted that she was at fault.

In respect of penalty Mr McIntyre said that in the last twelve months Ms Tomlinson had one offence under that rule on 4 June 2007.  He said he sought a suspension and Ms Tomlinson said that she did not receive driving fees for driving Mr Ford’s horse and agreed with suspension.

Given the two incidents the penalty should reflect the totality of the situation, including her previous offence under this rule, some credit should be given to her amended admittance of the breaches and to her frankness at the hearing.

Ms Tomlinson indicated that she would likely have drives at Dunedin, Nelson (2), Addington, Dunedin and Marlborough (2) over the next weeks. The Stipendiary Stewards did not dispute this statement.

The Committee, after giving consideration to the submissions of all parties, suspends Ms Tomlinson’s horseman’s licence from the completion of racing today, 2 June 2008, until the completion of racing on 12 June 2008.

…………………………

B Coombes

CHAIRMAN

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Rules: 869.3.b

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race_title: Race 7

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meetdate: 02/06/2008

meet_title: Ashburton TC - 2 June 2008

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