Forbury Park TC 26 January 2022 – R5 – Kerryn Tomlinson

SUMMARY OF FACTS:

Following the running of Race 5 Icon Interior Construction Mobile Pace 2400m, an Information was lodged by Stipendiary Steward Miss Rebecca Haley alleging that Junior Driver Miss Kerryn Tomlinson drove carelessly on the final bend when shifting out, checking STILL ROCKING (K Barclay) which broke and lost all chance.

Miss Tomlinson admitted the breach and confirmed that she understood the Rule and the nature of the charge. Miss Tomlinson was supported at the hearing by Open Driver Mr Matthew Williamson.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Stipendiary Steward Mr Munro used the video clips to identify the horses involved in the incident namely SWEET AND SOUR (Miss K Tomlinson) and STILL ROCKING (Mrs K Barclay).

Mr Munro stated that Miss Tomlinson has moved outwards around the final bend too quickly and has hit the wheel of Mrs Barclay’s horse STILL ROCKING causing it to break and lose all chance. Miss Haley added that it was Miss Tomlinson’s responsibility to move out safely and in this instance she has not done so.

Miss Tomlinson explained that she believed that Mrs Barclay’s horse had been hanging in and was pacing very roughly at the time of the incident and had contributed to it.

Mr Matthew Williamson in supporting Miss Tomlinson stated that she has only come out marginally too quickly and agreed also that Mrs Barclay’s horse may have contributed to the incident.

DECISION:

As the charge is admitted by Miss Tomlinson, it is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Miss Haley stated that Miss Tomlinson’s record was clear and that she has had 1,026 lifetime drives, 533 drives last season and 30 drives this season. She also confirmed that Miss Tomlinson drove on average up to 4 horses at the Southern meetings and possibly 1 or 2 in the Christchurch region on most race days. Miss Haley believed the breach was mid range of carelessness and that a 3 day suspension would be an appropriate penalty.

Miss Tomlinson said she believed the breach was at the lower end of the scale of carelessness, she also stated that on some Southern race days she may have more than 4 drives.

Mr Williamson also supported Miss Tomlinson’s statement confirming that he believed that the breach was at the lower end of the scale. Miss Tomlinson was questioned regarding her up and coming commitments where she confirmed that she had no drives at the Methven meeting on the 30/01/2022 and that she may have one drive at the Addington meeting on 3/02/2022.

Miss Tomlinson did not seek a deferment to any proposed suspension.

REASONS FOR PENALTY:

The Penalty Guide provides a penalty starting point of a 10 drive suspension. After taking into account the submissions of both the Applicant and the Respondent and noting the race film and the resultant impact on the affected runner STILL ROCKING who had his chance extinguished, the Adjudicative Committee assessed the breach as medium and adopted a 4 day suspension as the starting point.

The Respondent was given credit for her excellent record and admission of the breach resulting in a one day reduction from the starting point, with a three day suspension being an appropriate penalty in this instance.

PENALTY:

Miss Tomlinson has her license suspended commencing after racing on the 30/01/2022 up to and including 6/02/2022 (3 days).