NZ Metro TC 2 March 2023 – R1 – Sheree Tomlinson

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion. Mobile Pace, the Respondent Driver, Sheree Tomlinson, admitted a charge of careless driving in that, as the Driver of RAKANOTTA in the race, she shifted ground inwards when insufficiently clear of ANYTHING GOES (Devon van Til) resulting in that runner being checked near the 500 metres. Also checked were GLORYS DELIGHT (Tim Williams), SOUTH SEAS ROCK (Gerard O’Reilly) and JIMMY JAMES MAGUIRE (Ricky May).

Rule 869 provides:

(3)  No driver in any race shall drive:

(b)   carelessly.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, had Steward, Matt Sole, point out the runners on a video replay. RAKANOTTA, driven by the Respondent, was improving 3-wide past the parked runner, ANYTHING GOES, driven by Devon van Til, near the 500 metres.  A number of camera angles of the incident were shown. Mr Sole said that, approaching the bend, the Respondent started to shift in when not clear. ANYTHING GOES clipped a wheel and broke. Interference was suffered by several trailing runners as a result of ANYTHING GOES breaking.

Mr McIntyre said that ANYTHING GOES went into a gallop and it was clear, he submitted, that the Respondent shifted in from a 3-wide position to a 2-wide position, when not clear of ANYTHING GOES. The Respondent sustained a punctured tyre in the incident, he said.

The Respondent said that, racing down the back, she was happy to sit 3-wide. However, Ms van Til pulled back quickly to let her go past. She pressed forward, and then her horse had “knocked off” and hung in. In the meantime, Ms van Til appeared to have had a change of mind and “hunted” through again, she said. Although she had contacted Ms van Til’s runner, Ms van Til had given her runner no chance.

DECISION:

The charge having been admitted, it is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that it was rare to see the Respondent in for a breach of the Careless Driving Rule. This season she has had 86 drives and, in the extended 2022 season, she had 507 drives. She had no careless driving charge in that time.

The starting point for penalty is a 3-days suspension. Aggravating factors are that several runners were checked at an important stage of the race. However, taking all matters into account, he said, a 3-days suspension is appropriate.

The Respondent has notified drives at the meeting of Rangiora HRC on 5 March. She would have been driving at Oamaru on 8 March, Westport on 10 March and Invercargill on 11 March she said. She did not require a deferment beyond 5 March, she said.

REASONS FOR PENALTY:

The starting point under the RIB Harness Racing Penalty Guide, for a mid-range breach, is a 3-days suspension. This breach is viewed as being above mid-range, having regard to the consequential effects on the four runners cited in the Information. The starting point is lifted to 4 days.

However, mitigating factors to be taken into account are the Respondent’s admission of the breach and, more particularly, her excellent record – more than 600 drives since her last suspension for careless driving. The mitigating factors warrant a discount of 1 day from the adjusted starting point of 4 days.

CONCLUSION:

The Respondent, Sheree Tomlinson, is suspended from after racing on 5 March 2023 up to and including 11 March 2023 – 3 days.