NZ Metro TC 16 August 2024 – R1 – Kerryn Tomlinson

Summary of Facts:

Following the running of Race 1, the Respondent Junior Driver Kerryn Tomlinson admitted a breach of Whip Rule 869(2).  The particulars of the charge are that when driving TABASCO she used her whip with more than a wrist flicking motion in the run home. 

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Miss Tomlinson, as a Junior Driver, stated she did not require assistance at the hearing.

Stipendiary Steward Shane Renault, with the assistance of Stipendiary Steward Matt Sole, used available video footage to demonstrate the breach. He pointed out Miss Tomlinson driving TABASCO, racing in a prominent position as the field turned for home. Mr Sole showed that Miss Tomlinson drew her whip and used it on 4 occasions, made up by 2 rapid strikes and followed by another 2 rapid strikes, with more than a wrist flicking motion over the concluding stages of the race.

Miss Tomlinson stated that she believed that she only used the whip twice with more than a wrist flicking motion. She added that the strikes were not forceful.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a clear record, apart from a warning received at Addington on 5 July 2024. He added that Miss Tomlinson has driven on 218 occasions so far this season.

He said that Stewards assessed the breach to be low-level, due to the reasons set out in submissions. Mr Renault stated that the Penalty Guide provided a $300 fine or a 2 day suspension for a 1st breach, low range offence under this Rule and submitted that a $300 fine be considered as penalty.

Miss Tomlinson submitted that a fine was preferred. She added that as a Junior Driver and the fact that she has to travel from Oamaru, a discount should be considered.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee agreed with Mr Renault and assessed the breach as low level.

The Penalty Guide provides a $300 fine or a 2-day suspension starting point for a first breach of this Rule for a low level offence.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

There were however, mitigating factors, being Miss Tomlinson’s status as a Junior Driver, her good record and her frank admission, which afforded her a discount which was set at $50.

The Adjudicative Committee therefore determined that a $250 was an appropriate penalty in this case.

Conclusion:

Miss Tomlinson is fined the sum of $250.