Oamaru HRC 9 February 2022 – R3 – Kerryn Tomlinson

Ms Tomlinson (SWEET AND SOUR) has admitted a breach of r 869(3)(b) in that she drove carelessly in Race 3 when contacting the wheel of FOLLOW ME FANTASY near the 300 metres.

Mr Munro demonstrated on the screen that on the final bend the Respondent was racing three wide and improving. She pulled out and clipped the wheel of Mr M Williamson who was battling. A tyre on his cart deflated as a consequence. Mr Munro said Mr Williamson’s horse may have run on better had that not occurred. SWEET AND SOUR finished 4th. FOLLOW ME FANTASY finished 2nd last.

Ms Tomlinson said it was simply a misjudgement. FOLLOW ME FANTASY was coming back quicker than she had thought. She said it was such a light touch she had not realised it at the time. She could see on the film that she had touched the wheel but SWEET AND SOUR had not even gone roughly, it had paced fine. She said there was no comment from Mr M Williamson at the time.

Mr B Williamson said FOLLOW ME FANTASY was a beaten runner when the wheel was touched. It had not affected that horse’s placing in the race.

As Ms Tomlinson has admitted the breach, it is found to be proved.

Mr Munro produced the Respondent’s record. Ms Tomlinson has had 1037 lifetime drives, 533 drives last season and 41 drives this season. He said Ms Tomlinson had been suspended under the Rule on 26 January last. That was only 7 drives ago. This was her 2nd breach of this Rule. He submitted a penalty of 3 days’ suspension was appropriate.

Ms Tomlinson said she would accept that penalty and asked that it commence straight away.

The breach is low-range in that the Respondent has made a misjudgement when shifting outwards on the final bend and has contacted the wheel of FOLLOW ME FANTASY. The tyre deflated but the horse was tiring at this time. SWEET AND SOUR continued to pace.

Ms Tomlinson’s record under this Rule shows one breach in January which was only 7 drives ago. Balancing the low-grade nature of the admitted breach against the fact the previous breach is recent, a penalty at the starting point level in the Penalty Guide is appropriate.

Ms Tomlinson is suspended from driving from the end of the meeting today, 9 January, up to and including 18 February 2022. This is 3 South Island days.