Riverton TC 13 February 2021 – R 9 – Chair, Mr N Skelt
ID: JCA16362
Meet Title:
Riverton TC - 13 February 2021
Meet Chair:
NSkelt
Race Date:
2021/02/13
Race Number:
R 9
Decision:
The charge was found proved.
Penalty:
Miss Tomlinson’s Junior Drivers Licence is suspended from the 15 February 2021 up until 21 February 2021 (3 days).
Facts:
Following the running of Race 9, Bill Keast Memorial – Longwood Gold Chip Final (HCP Trot) an Information A10667 was filed by Stipendiary Steward Mr V Munro against Junior Driver Miss K Tomlinson as the Driver of Maudarchy in the race, alleging she drove carelessly near the 900 metre mark allowing her runner to shift inwards and dislodge a track marker which caused Riley Moment (J Morrison) to gallop.
Miss Tomlinson had signed the Information form by the Informant Mr Munro, indicating that she denied the breach and she confirmed this at the hearing at which she was present.
Miss Tomlinson also confirmed she understood the breach of the Rule she was being charged under, and she also confirmed Mr Ferguson was her support/spokesperson.
Rule 869 provides as follows,
(3) No driver shall in any race drive carelessly
Submissions for Decision:
Mr Ydgren showed the video replays of the incident highlighting Maudarchy going to the lead at the 900 metre mark and dislodging a track marker.
Mr Ydgren highlighted also the trailing horse Riley Moment going into a gallop and losing its chance as a result of Miss Tomlinson’s action.
Mr Ferguson (speaking on behalf of Miss Tomlinson) stated that the incident was unfortunate, and that track markers get dislodged in most races.
Mr Ferguson stated he did not believe Miss Tomlinson’s actions amounted to careless driving as he believed the horse had laid in and had contributed to the incident. He also said that Miss Tomlinson was a Junior Driver and she had done the best that she could under the circumstances.
Reasons for Decision:
The video evidence was very compelling, clearly showing Maudarchy going into the lead about the 900 metre mark shifting inwards and dislodging the track marker. The trailing horse Riley Moment as a result has galloped.
Mr Ferguson has stated that the horse itself has contributed to the incident which there is no evidence to support this. The incident itself was low to mid range of carelessness but the consequences were towards the mid to high end as Riley Moment was put out of the race as a result.
Submissions for Penalty:
Mr Munro stated that Miss Tomlinson had recorded 692 life time drives, 282 last season and 229 this season.
Mr Munro believed the range of carelessness was from low to mid. Mr Munro also stated that Miss Tomlinson normally drives between three and four horses per race day and that she had a good record.
Mr Munro referred to the Penalty Guide of a 10 drives suspension or a $500 fine, and that a suspension was warranted in this instance.
Mr Munro added that Miss Tomlinson was driving horses most race days, mainly from Nelson South.
Miss Tomlinson stated that she was a stablehand on a low income and that she had limited driving opportunities – although she believed she was driving 4 to 5 horses some days.
Miss Tomlinson did not wish to differ penalty.
Reasons for Penalty:
The Penalty Guide starting point is a 10 drive suspension or a $500 fine. The breach was at the low to mid range, however the consequences were higher as Riley Moment has lost its chance in the race.
A fine is not appropriate in this case taking into account Miss Tomlinson being a Junior Driver with limited financial resources and the fact that a horse has lost its chance in the race.
The appropriate term of suspension is 3 days, allowing also for Miss Tomlinson’s good record.
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: a9f8d4969543876dc69e2af68a1d5d48
informantnumber: A10667
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
penaltyrequired: 1
decisiondate: 15/02/2021
hearing_title: Riverton TC 13 February 2021 - R 9 - Chair, Mr N Skelt
charge:
facts:
Following the running of Race 9, Bill Keast Memorial – Longwood Gold Chip Final (HCP Trot) an Information A10667 was filed by Stipendiary Steward Mr V Munro against Junior Driver Miss K Tomlinson as the Driver of Maudarchy in the race, alleging she drove carelessly near the 900 metre mark allowing her runner to shift inwards and dislodge a track marker which caused Riley Moment (J Morrison) to gallop.
Miss Tomlinson had signed the Information form by the Informant Mr Munro, indicating that she denied the breach and she confirmed this at the hearing at which she was present.
Miss Tomlinson also confirmed she understood the breach of the Rule she was being charged under, and she also confirmed Mr Ferguson was her support/spokesperson.
Rule 869 provides as follows,
(3) No driver shall in any race drive carelessly
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed the video replays of the incident highlighting Maudarchy going to the lead at the 900 metre mark and dislodging a track marker.
Mr Ydgren highlighted also the trailing horse Riley Moment going into a gallop and losing its chance as a result of Miss Tomlinson’s action.
Mr Ferguson (speaking on behalf of Miss Tomlinson) stated that the incident was unfortunate, and that track markers get dislodged in most races.
Mr Ferguson stated he did not believe Miss Tomlinson’s actions amounted to careless driving as he believed the horse had laid in and had contributed to the incident. He also said that Miss Tomlinson was a Junior Driver and she had done the best that she could under the circumstances.
reasonsfordecision:
The video evidence was very compelling, clearly showing Maudarchy going into the lead about the 900 metre mark shifting inwards and dislodging the track marker. The trailing horse Riley Moment as a result has galloped.
Mr Ferguson has stated that the horse itself has contributed to the incident which there is no evidence to support this. The incident itself was low to mid range of carelessness but the consequences were towards the mid to high end as Riley Moment was put out of the race as a result.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Munro stated that Miss Tomlinson had recorded 692 life time drives, 282 last season and 229 this season.
Mr Munro believed the range of carelessness was from low to mid. Mr Munro also stated that Miss Tomlinson normally drives between three and four horses per race day and that she had a good record.
Mr Munro referred to the Penalty Guide of a 10 drives suspension or a $500 fine, and that a suspension was warranted in this instance.
Mr Munro added that Miss Tomlinson was driving horses most race days, mainly from Nelson South.
Miss Tomlinson stated that she was a stablehand on a low income and that she had limited driving opportunities – although she believed she was driving 4 to 5 horses some days.
Miss Tomlinson did not wish to differ penalty.
reasonsforpenalty:
The Penalty Guide starting point is a 10 drive suspension or a $500 fine. The breach was at the low to mid range, however the consequences were higher as Riley Moment has lost its chance in the race.
A fine is not appropriate in this case taking into account Miss Tomlinson being a Junior Driver with limited financial resources and the fact that a horse has lost its chance in the race.
The appropriate term of suspension is 3 days, allowing also for Miss Tomlinson’s good record.
penalty:
Miss Tomlinson’s Junior Drivers Licence is suspended from the 15 February 2021 up until 21 February 2021 (3 days).
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Miss K Tomlinson - Driver of MAUDARCHY
Otherperson: Mr N Ydgren - Chief Stipendiary Steward, Miss R Haley - Stipendiary Steward, Mr C Ferguson - Open Driver and support for Miss Tomlinson
PersonPresent:
Respondent:
StipendSteward:
raceid: 077646aa07d14bc671729b6518829b45
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
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meetdate: 13/02/2021
meet_title: Riverton TC - 13 February 2021
meet_expappcomment:
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tracklocation: riverton-tc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Riverton TC