Kaikoura TC 2 November 2025 – R8 – Thomas Borcoskie

Summary of Facts:

Following the running of Race 8, the Respondent, Junior Driver, Thomas Borcoskie admitted a breach of Rule 869(3)(b); namely that when driving SHE’S A MAJOR ACT he drove carelessly rounding the first bend when failing to concede his position, resulting in his horse being checked and breaking losing all chance.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed that he understood the Rule and the nature of the charge.

Mr Borcoskie was assisted at the hearing by Open Driver John Dunn.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Chief Stipendiary Steward Nigel McIntyre, with the assistance  of Stipendiary Steward Shane Renault, identified the horses involved in the incident namely, SHE’S A MAJOR ACT driven by Mr Borcoskie, racing one off the pylons with SUPER FUND, driven by Wilson House, racing to the outside of SHE’S A MAJOR ACT rounding the first bend near the 1500m. Mr Renault pointed out Mr House, who had the advantage on Mr Borcoskie, rightfully attempt to shift him down the track, with Mr Borcoskie resisting the movement and as a result, SHE’S A MAJOR ACT was checked and then broke, losing all chance.

Mr Dunn, for Mr Borcoskie, stated that the Kaikoura track was not an easy track to drive on and combined with his inexperience, contributed to the incident.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Mr McIntyre stated that Mr Borcoskie was in his first season of driving and to date, had 11 lifetime drives. He added that Mr Borcoskie’s record was clear.

The Stewards he said, rated the breach as high, because SHE’S A MAJOR ACT broke and lost all chance. He added that the Penalty Guide provides a 3 day suspension for a 1st offence high level breach.

In mitigation, Mr McIntyre said that the Respondent freely admitted the breach and combined with his good record, his relative inexperience and the difficult track, should be afforded some credit.

Reasons for Penalty:

The Penalty Guide provides a high range penalty starting point of a 3-day suspension, for an initial breach of this Rule. There were no aggravating factors, therefore no uplift in penalty was warranted.

There was however, strong mitigating factors as mentioned above, including the relative inexperience of Mr Borcoskie, which warranted a discount, which was set at 1 day.

After evaluating all of the factors, the Adjudicative Committee determined a 2 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

The Respondent, Mr Borcoskie was suspended, commencing after racing today, 2 November 2025, up to and including 7 November 2025. Relevant meetings encompassed in this period were Oamaru – 6 November 2025 and Addington – 7 November 2025.