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NZ Metro TC 9 August 2020 - R 5 - Chair, Mr R McKenzie

Created on 10 August 2020

Committee:
RMcKenzie (chair)
Name(s):
K K Tomlinson
Licensed Junior Driver
Informant
P Williams
Stipendiary Steward
Information Number
A13183
Plea:
Admitted
Charge:
Breach of Pushout Rule
Evidence:

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. 

Decision:

Miss Tomlinson having admitted the breach, the charge is found proved.

Submission 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.

Penalty:

Miss Tomlinson is fined the sum of $200.

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