NZ Metro TC 9 August 2020 – R 5 – Chair, Mr R McKenzie
ID: JCA11910
Meet Title:
NZ Metro TC - 9 August 2020
Meet Chair:
RMcKenzie
Race Date:
2020/08/09
Race Number:
R5
Decision:
Miss Tomlinson having admitted the breach, the charge is found proved.
Penalty:
Miss Tomlinson is fined the sum of $200.
Facts:
Following the running of Race 5, Allied Security (Junior Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Miss K K Tomlinson, alleging that Miss Tomlinson, as the driver of SWEET LORESS in the race, “prior to the 1000 metres she shifted HIDDEN DELIGHT (S J Thornley) outwards”.
Miss Tomlinson had signed the Statement by the Respondent on the information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present. She confirmed to the Committee that, prior to pleading to the charge, she had received assistance from Licensed Open Driver, Mr M J Williamson.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Williams showed available video replays of the incident with approximately 1100 metres to run. He pointed out that, just past the winning post, SWEET LORESS, driven by Miss Tomlinson, was racing four places back on the markers. HIDDEN DELIGHT was following SWEET LORESS in last position. FOUR STARZZZ SHIRAZ (C R Purvis) had improved past Miss Tomlinson in the one-out line. Miss Tomlinson then eased her runner out onto the back of FOUR STARZZZ SHIRAZ as Mr Thornley had improved to be outside her wheel. Mr Thornley’s runner was forced to race 3-wide for a distance, Mr Williams said.
Miss Tomlinson said that, at the time, she believed that she had been clear of Mr Thornley but, having seen the replays, it was clear that Mr Thornley was outside her wheel when she shifted out. She submitted that the breach was low-end.
Submissions for Penalty:
Mr Williams said that Miss Tomlinson has a clear record. The pushout occurred close to the 1000 metres. It was a low-end breach, the consequential effects on Mr Thornley’s runner were not significant, he said.
Mr Williams referred to the Penalty Guide starting point for a breach of the rule of a 5-drives suspension or a $250 fine. Stewards were submitting that a fine was appropriate in this case.
Miss Tomlinson told the Committee, when asked, that her preference was for a fine rather than a suspension.
Reasons for Penalty:
This breach is in the category of low-range. It happened close to the 1000 metres and Mr Thornley was forced to race wider for only a relatively short distance, after his runner tended to overrace briefly. The Committee is of the view that the chances of FOUR STARZZZ SHIRAZ were not affected.
The Committee acknowledges those factors, together with Miss Tomlinson’s good record, her admission of the breach and her Junior Driver status.
A fine is an adequate penalty in this case.
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: 300b7601ed18f997cf5a70cef6139ecc
informantnumber: A13183
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Pushout Rule
plea: admitted
penaltyrequired: 1
decisiondate: 10/08/2020
hearing_title: NZ Metro TC 9 August 2020 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Allied Security (Junior Drivers) Mobile Pace, an information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Miss K K Tomlinson, alleging that Miss Tomlinson, as the driver of SWEET LORESS in the race, “prior to the 1000 metres she shifted HIDDEN DELIGHT (S J Thornley) outwards”.
Miss Tomlinson had signed the Statement by the Respondent on the information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present. She confirmed to the Committee that, prior to pleading to the charge, she had received assistance from Licensed Open Driver, Mr M J Williamson.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof:
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Mr Williams showed available video replays of the incident with approximately 1100 metres to run. He pointed out that, just past the winning post, SWEET LORESS, driven by Miss Tomlinson, was racing four places back on the markers. HIDDEN DELIGHT was following SWEET LORESS in last position. FOUR STARZZZ SHIRAZ (C R Purvis) had improved past Miss Tomlinson in the one-out line. Miss Tomlinson then eased her runner out onto the back of FOUR STARZZZ SHIRAZ as Mr Thornley had improved to be outside her wheel. Mr Thornley’s runner was forced to race 3-wide for a distance, Mr Williams said.
Miss Tomlinson said that, at the time, she believed that she had been clear of Mr Thornley but, having seen the replays, it was clear that Mr Thornley was outside her wheel when she shifted out. She submitted that the breach was low-end.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss Tomlinson having admitted the breach, the charge is found proved.
sumissionsforpenalty:
Mr Williams said that Miss Tomlinson has a clear record. The pushout occurred close to the 1000 metres. It was a low-end breach, the consequential effects on Mr Thornley’s runner were not significant, he said.
Mr Williams referred to the Penalty Guide starting point for a breach of the rule of a 5-drives suspension or a $250 fine. Stewards were submitting that a fine was appropriate in this case.
Miss Tomlinson told the Committee, when asked, that her preference was for a fine rather than a suspension.
reasonsforpenalty:
This breach is in the category of low-range. It happened close to the 1000 metres and Mr Thornley was forced to race wider for only a relatively short distance, after his runner tended to overrace briefly. The Committee is of the view that the chances of FOUR STARZZZ SHIRAZ were not affected.
The Committee acknowledges those factors, together with Miss Tomlinson’s good record, her admission of the breach and her Junior Driver status.
A fine is an adequate penalty in this case.
penalty:
Miss Tomlinson is fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)&(6)(b)&(c)
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: K K Tomlinson, Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a283ccbccb6b5c35d2a438b215bcfd7f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 011c8cf8cbdf24ee22139101ae3d4648
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/08/2020
meet_title: NZ Metro TC - 9 August 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: NZ Metro TC