NZ Metro TC 19 April 2025 – R7 – Sam Thornley

Following the running of Race 7, Woodlands Stud “Racing Rewards” Mobile Pace, Junior Driver, Sam Thornley, as the Driver of HUGO in the race, admitted a charge that he “drove carelessly when shifting outwards passing the 400 metres, checking TROUBLESHOOTER (Gerard O’Reilly) and TACT TEENA (Samantha Ottley), with TACT TEENA breaking and losing all chance.”

Mr Thornley was assisted at the hearing by Licensed Open Driver, Mr Ken Barron.

Rule 869 provides:

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

    (b) carelessly.

The Shifting Ground Regulation provides:

 During any race a driver shall be permitted to shift ground:

2. Outwards and ease another runner up the track provided the horse to be shifted outwards is in a position to be moved out without causing interference to that or any other horse.

 For the avoidance of doubt, the following shall apply:

The onus shall be on the driver shifting ground to ensure the move is made with safety and does not cause interference by conducting it in a gradual and acceptable manner thereby enabling the driver of the runner being moved to be able to take the necessary action to accommodate the manoeuvre. Where interference occurs . . .  the provisions of Rules 869(3) and (4) shall apply.

EVIDENCE:

Stipendiary Steward Shane Renault, had Stipendiary Steward Matt Sole, point out the runners on video replays of the incident with approximately 400 metres to run. He pointed out HUGO, driven by Mr Thornley, racing three places back on the markers, with TROUBLESHOOTER, driven by Mr O’Reilly to his outside and TACT TEENA, driven by Ms Ottley, following Mr O’Reilly.

Mr Renault alleged that Mr Thornley then shifted outwards, in an abrupt manner, into the one-out line and shifted Mr O’Reilly wider, while Ms Ottley had shifted to the outside of both runners. He said that Stewards were alleging that Mr Thornley had driven carelessly by shifting out in a manner which did not allow Mr O’Reilly to accommodate the shift. Neither Mr O’Reilly nor Ms Ottley were given time to react and Mr Thornley has caused checks to both Mr O’Reilly and Ms Ottley’s runners. TACT TEENA broke and lost all chance and TROUBLESHOOTER suffered interference.

Mr O’Reilly said that his horse was “travelling quite well” at the time and then “dropped the bit”. Mr Thornley had an advantage and was “going better” and his shift out was “forceful”. He believed that he had time to respond, but his horse just leaned in on top of Mr Thornley, but he had a runner, TACT TEENA, outside. The back leg of that runner hit his wheel.

Ms Ottley confirmed that her horse’s hind leg had been contacted by Mr O’Reilly’s sulky. She had been aware of the impending shift and would have been able to accommodate it, but for Mr O’Reilly’s sulky “bouncing off” after locking stays with Mr Thornley. She described the movement as “forceful” and she had not expected it. Her mare may have slightly overreacted, she said.

Mr Barron submitted that Mr O’Reilly’s horse had been travelling well but, the moment he had gone to go out and, hearing Ms Ottley coming, the horse “fell through the bridle”. This has given the opportunity for Mr Thornley to come out. Ms Ottley, as the widest runner, could see it happening and has tried to overcome it and her horse has overreacted and galloped, he said. Mr Thornley, at all times, held an advantage over the other runners involved, he submitted.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Adjudicative Committee listened to the evidence and submissions of the parties and carefully viewed the video replays shown to the hearing.

The Adjudicative Committee finds that Mr Thornley has attempted to ease Mr O’Reilly out when not in a position to do so, with Ms Ottley to the outside of Mr O’Reilly, who was not in a position to be shifted out without causing interference to Ms Ottley (see Shifting Ground Regulation above). Furthermore, the Adjudicative Committee finds that Mr Thornley’s move could not be made with safety and was not conducted in a “gradual and acceptable manner” as required.

Mr Thornley has driven carelessly.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Thornley has had 267 drives this season and 638 last season. He has a clear record under the Careless Driving Rule. Stewards considered the breach to be high-level, he said, as TACT TEENA had galloped and lost all chance. The Penalty Guide suggested a starting point of a 3-days suspension for a high-level breach. He submitted that was an appropriate penalty in this case.

Mr Thornley said that a 3-days suspension would be very hard for him in this, his last season as a Junior Driver. He sought a deferment of the commencement of any term of suspension, until after the meeting of NZ Metropolitan TC on 25 April 2025.

REASONS FOR PENALTY:

The Adjudicative Committee assessed the breach as being mid-to-high level.

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for a first, mid-level breach of a fine of $500 or a 2-days suspension and, for a high-level breach, a 3 days suspension. With the breach fitting somewhere in-between, in the view of the Adjudicative Committee, a term of suspension is necessary.

In deciding on a 2-days suspension, the Adjudicative Committee has taken into account Mr Thornley’s excellent record. For a Junior Driver, he is very busy, amongst the busiest in the country, and the Adjudicative Committee gives him credit for that.

CONCLUSION:

Mr Thornley’s application for a deferment is granted.

The Respondent, Junior Driver, Sam Thornley, is suspended from after the close of racing on 25 April 2025, up to and including 30 April 2025 – 2 days.