Reefton TC 9 March 2025 – R2 – Kerryn Tomlinson

BACKGROUND:

Following the running of Race 2, Open Driver, Kerryn Tomlinson, admitted a breach of Rule 859(2) in that, as the Driver of PRINCE TEKA in the race, she allowed her horse to start from the incorrect barrier position.

Rule 859(2) provides as follows:

(2) No driver shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing, mobile, or moving start), unless directed by the Starter.

The Respondent, Ms Tomlinson, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule, her admission of the breach and the nature of the charge.

EVIDENCE:

Stipendiary Steward Matthew Sole, with the assistance of  Stipendiary Steward Shane Renault, showed available video replays of the start that showed Ms Tomlinson driving PRINCE TEKA, who had drawn 1 on the second line, position her horse between POPNROCK, drawn 2 on the front line and KERRALLY, drawn 3 on the front line, as the start was declared. Mr Sole stated that Ms Tomlinson was correctly in the second line position behind the front line, but incorrectly out of line starting between those drawn 2 and 3 on the front line. He stated that Ms Tomlinson did not gain any advantage with PRINCE TEKA, who broke soon afterwards, before regaining his gait and running on to finish in 2nd place.

Ms Tomlinson stated that she was concerned about the horse drawn 2 on the front line, POPNROCK, who had a tendency to break in the early stages and she was looking to avoid that horse. She also stated she had concerns about the horse drawn 1, OPAWA PEAK. She concurred that she had misjudged the lead up to the start and had thought the start was already made when she allowed her drive to start from between the horses drawn 2 and 3 on the front line.

DECISION:

As Ms Tomlinson has admitted the breach, the charge is found proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 67 drives in the current season, with 2012 lifetime drives to date and her record under the Rule is clear. He submitted that there were no aggravating factors to consider and submitted that a fine of $400 as per the Penalty Guide starting point for a breach of this Rule, be considered as penalty.

Ms Tomlinson requested leniency with penalty. She said she gained no advantage in starting in the incorrect position and PRINCE TEKA did break shortly after the start, but managed to run on for 2nd place.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide provides a starting point for an initial breach where there is no disqualification, of a fine of $400. The Adjudicative Committee determined that there were no aggravating factors to consider. After researching prior breaches of this Rule with similar circumstances, it was discovered that most were dealt with at the starting point of a $400 fine. The Adjudicative Committee therefore determined that a fine commensurate with the starting point of $400, was an appropriate penalty in this case.

CONCLUSION:

The Respondent, Ms Tomlinson, is fined the sum of $400.