NZ Metro TC 12 July 2024 – R9 – Samuel Thornley

Summary of Facts:

Following the running of Race 8, the Respondent Junior Driver Samuel Thornley denied a breach of Rule 869(3)(b); namely that when driving DANCING DESIRE, he drove carelessly near the 650m by allowing his horse to strike the sulky wheel of MAJOR SWEETART, with the tyre deflating as a consequence.

The Respondent, Mr Thornley, endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule, his denial of the breach and the nature of the charge. Mr Thornley was assisted at the hearing by Trainer Ken Barron.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward, Matthew Sole identified the horses involved in the incident namely, DANCING DESIRE, driven by Mr Thornley, racing 3 wide trailing MAJOR SWEETART, driven by Mark Hurrell, with WHAT A MINX, driven by Bob Butt, racing on the inside of MAJOR SWEETART, approaching the 650m. He pointed out Mr Butt move out from the 2 wide line, shifting Mr Hurrell out into the 4 wide line, with the trailing Mr Thornley following and continuing to trail Mr Hurrell in the 4 wide position.  Mr Sole showed that at the 650m, Mr Thornley allowed his horse to get too close to MAJOR SWEETART’s sulky wheel and as a result, the offside foreleg of DANCING DESIRE struck the offside sulky wheel of MAJOR SWEETART, resulting in the tyre puncturing and deflating. Using close up footage, Mr Sole showed the reaction of the sulky wheel when contact was made by the foreleg of MAJOR SWEETART.

Mr Barron, in defense, argued that after Mr Butt had shifted Mr Hurrell out to a 4 wide position, Mr Hurrell then tried to hold Mr Butt in, by shifting in and easing his horse, which caused DANCING DESIRE to get too close and as a result, the horse struck the sulky wheel of MAJOR SWEETART. Mr Barron added that had Mr Butt not shifted Mr Hurrell out and then Mr Hurrell tried to hold him in by shifting back in, this incident would not have happened. He added that this was just a racing incident.

Reasons for Decision:

This Adjudicative Committee is satisfied that near the 650m, DANCING DESIRE, driven by Mr Thornley, was racing 3 wide trailing MAJOR SWEETART, with WHAT A MINX racing on the inside of MAJOR SWEETART. The Adjudicative Committee was further satisfied that Mr Butt shifted Mr Hurrell wider on the track, with Mr Thornley following and continuing to trail Mr Hurrell in the 4 wide line. Shortly afterwards, Mr Hurrell shifts in again, possibly in an attempt to hold Mr Butt in. The Adjudicative Committee found that shortly afterwards, Mr Thornley allowed his horse to get too close to MAJOR SWEETART and as a result, struck the sulky wheel of that horse. The films were conclusive, showing DANCING DESIRE’s head close to and bumping on Mr Hurrell’s helmet, just prior to the wheel strike, with this Adjudicative Committee determining that Mr Thornley’s horse was going better than Mr Hurrell’s at the time contact was made, not that Mr Hurrell had eased when possibly attempting to shift Mr Butt back down.

The Adjudicative Committee has found that the onus was on Mr Thornley to allow enough room between himself and Mr Hurrell’s sulky, regardless of the situation occurring around him and therefore found that Mr Thornley has driven carelessly on this occasion and accordingly, found the charge proved.

Decision:

The charge was found proved.

Submissions for Penalty:

Mr Sole stated that Mr Thornley had a clear record in regard to this Rule over the previous 12 months. Mr Thornley, he stated, has had 296 drives to date this season.

Mr Sole said that the Penalty Guide provided a $300 starting point for an initial breach of this Rule when striking a wheel. He said that as Mr Thornley’s status is of a Junior Driver, the standard penalty imposed on most occasions is a fine of $250.

Mr Thornley elected to make no submissions in regard to penalty.

Reasons for Penalty:

The Penalty Guide provides a starting point of a $300 fine for an initial breach of this Rule when striking a wheel, with discount afforded to Junior Drivers, with a fine of $250 regularly imposed.

This Adjudicative Committee determined that the consequences to MAJOR SWEETART were low, as the horse was not racing well at the time of the incident, with the deflated tyre making very little difference to the horse’s chances.

There were no aggravating factors to consider, therefore no uplift was warranted.

The standard fine for a Junior Driver when striking a wheel is a fine of $250. In this case, the consequences of Mr Thornley’s driving are determined to be low and combined with his status as a Junior Driver, this Adjudicative Committee deemed a fine of $200 was appropriate in this case.

After evaluating all of the factors, the Adjudicative Committee determined a $200 fine to be an appropriate penalty in the circumstances of this case.

Conclusion:

Mr Thornley is fined the sum of $200.