NZ Metro TC 1 May 2024 – R3 – Olivia Grace Thornley

BACKGROUND:

Following the running of Race 3, The Tyre General (Junior Drivers) Mobile Pace, Licensed Junior Driver, Olivia Thornley, admitted a charge that, as the Driver of BONDI LUSTRE in the race, she drove carelessly approaching the first bend by shifting inwards when insufficiently clear of OPO (Kerryn Tomlinson), which had to be restrained.

The Respondent, a Junior Driver, advised that she had received advice from Licensed Open Driver, John Dunn, prior to entering a plea to the charge. She did not require his attendance at the hearing.

Rule 869 provides as follows:

(3)   No driver in any race shall drive:-

      (b) carelessly

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the incident shortly after the start of the 1980 metres mobile start race. He pointed out BONDI LUSTRE, driven by the Respondent, which had drawn barrier position 4 and OPO (Kerryn Tomlinson), which had drawn barrier position 2.

Mr Williams said that Stewards were alleging that the Respondent had shifted in approaching the first bend and, as a result, has caused Miss Tomlinson to have to restrain her runner. He had Stipendiary Steward, Shane Renault, show the available video replays. Mr Renault pointed out Miss Tomlinson racing three places back chasing her horse along. The Respondent shifted in to trail the leader, KALATRA (Sam Thornley) when insufficiently clear. Miss Tomlinson was forced to take a hold of her horse and lose her rightful position in the running.

Mr Williams confirmed that there had been no contact.

The Respondent said that the situation was “marginal”. In that situation, she submitted, most Drivers would have eased, given the advantage that she had over Miss Tomlinson. There had been no contact, neither had Miss Tomlinson called out. She had simply followed Mr Thornley’s helmet into the running line, she said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 48 drives this season and, in the 2023 season, she had 107 drives. She has a previous careless driving breach on her record – low-level careless driving striking a wheel at Winton on 10 January 2024.

Stewards believed that the breach on this occasion was low-level, for which the Penalty Guide suggests, for a low-level second breach, a suspension of 4 days, Mr Williams said. He submitted that a 3-days suspension would be appropriate.

The Respondent asked for a deferment of suspension until after the meeting of NZ Metro TC on 10 May.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty for a second careless driving breach of a 4-days suspension. There are no aggravating factors requiring the Adjudicative Committee to consider an uplift from that starting point. Mitigating factors are the low-level nature of the breach, the Respondent’s admission of the breach and her status as a Junior Driver and, for those factors, the Adjudicative Committee is able to  give a discount of 1 day.

CONCLUSION:

Licensed Junior Driver, Olivia Thornley, is suspended from after the close of racing on 10 May 2024, up to and including,17 May 2024 – 3 days.