Ashburton TC 26 February 2022 – R8 – Craig Thornley

SUMMARY OF FACTS:

Following the running of Race 8, Chertsey Trotting Club Mobile Trot, the Respondent, Driver Craig Thornley, admitted a breach of Rule 869(7A)(b) – namely that, as the Driver of CLYDE in the race, he allowed his sulky to protrude inside a track marker near the 250 metres.

The Respondent endorsed the Information “I do admit the breach of the Rule”. Mr McIntyre told the Adjudicative Committee that Mr Thornley had requested that his attendance at the hearing be excused as he had a drive in Race 9, the last race.

Rule 869(7A)(b) provides that “Every driver who moves inwards shall ensure that any part of his sulky does not protrude inside the marker line”.

Using available video footage, Manager of Stewards, Mr McIntyre, identified the horse involved in the incident, namely CLYDE, racing three places back on the markers as the field neared the home turn. After entering the straight, Mr Thornley moved the horse into the passing lane and over and dislodging a pylon, the horse’s legs actually striking the pylon, Mr McIntyre said. This was plainly visible on the video replay.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Thornley has had 58 drives this season (since 1 January) and, in the last extended season, 574 drives. He is a Driver that the Stewards never see in the room, he said. Mr Thornley received a warning at Orari on 27 November 2021 and hence has been charged on this occasion.

Mr McIntyre referred to the Penalty Guide starting point for a breach of the Rule – a 4-drives suspension or a $200 fine. He submitted that, to be consistent with a recent decision at Addington, when a Driver was fined $200 for a similar breach, a fine of $200 would be an appropriate penalty for this breach.

REASONS FOR PENALTY:

The Penalty Guide provides a penalty starting point of a 4-drives suspension or a $200 fine.

After taking into account the submissions of the Applicant and noting the video replay, the Adjudicative Committee assessed the breach as being mid-range.  After evaluating all of the factors, the Adjudicative Committee determined a fine of $200 to be an appropriate penalty in the circumstance of this case. This penalty is consistent with the fine handed down to Driver, John Dunn, at Addington on 18 February.

CONCLUSION:

The Respondent was fined the sum of $200.