Timaru HRC 28 May 2023 – R5 – Kerryn Tomlinson

ID: RIB22209

Respondent(s):
Kerryn Tomlinson - Junior Driver

Applicant:
Stipendiary Steward - Mr Matt Sole

Adjudicators:
Mr D Anderson

Persons Present:
Stipendiary Steward - Mr Shane Renault, Mr Sole, Ms Tomlinson and Senior Driver Mr Matthew Williamson assisting

Information Number:
A21363

Decision Type:
Race Related Charge

Charge:
Careless Driving striking a wheel

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
OH NO NANA

Code:
Harness

Race Date:
28/05/2023

Race Club:
Timaru Harness Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R5

Hearing Date:
28/05/2023

Hearing Location:
Phar Lap Raceway

Outcome: Proved

Penalty: Junior Driver Kerryn Tomlinson is fined $300

EVIDENCE:

Following the running of Race 5, Stipendiary Steward Mr Matt Sole presented an Information alleging a breach of Rule 869(3)(b) by Junior Driver Ms Kerryn Tomlinson.

Ms Tomlinson stated she was conversant with the Rule, understood the charge and confirmed she admitted the breach.

Ms Tomlinson was assisted at the hearing by Senior Driver Mr Matthew Williamson.

Mr Sole identified Ms Tomlinson on the video replays, 3 wide racing into the first bend towards the rear of the field, following TERROR MA SUE (L O’Reilly). He pointed to Ms Tomlinson shift her horse inwards to take up a position in the running line. Mr Sole said there was doubt as to whether Ms Tomlinson had an advantage over ELEPHANTINTHEROOM (B Willmott) to make her shift, but what transpired was, TERROR MA SUE was easing and LOCH LOMOND (P Davis), had improved up to be inside the wheel of ELEPHANTINTHEROOM, and Ms Tomlinson has run out of room and struck the wheel of TERROR MA SUE, galloped and interfered with several runners, the worst affected being SHEZ LOOKING.

Mr Williamson used the video to assess Ms Tomlinson did have a slight advantage over ELEPHANTINTHEROOM, but said there was just too much going on to make the manoeuvre.

Ms Tomlinson said when she started to ease ELEPHANTINTHEROOM down the track, she thought she had enough room, but the circumstances changed, and it was a misjudgement.

DECISION:

The Respondent having admitted the breach, it was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said Ms Tomlinson has had 164 drives this season and 256 the previous. He said the factors of her horse breaking and the interference to SHEZ LOOKING, may require an increase to the starting point of a $300 fine.

There were no submissions for Penalty from Mr Williamson or Ms Tomlinson.

REASONS FOR PENALTY:

The Penalty Guidelines provide a $300 fine any time a Driver hits a wheel.

Ms Tomlinson is a very busy Junior Driver who has an excellent record under the Rule and has admitted the breach, factors which the Adjudicative Committee considers mitigates the consequences of her mistake.

CONCLUSION:

Junior Driver Ms Kerryn Tomlinson is fined $300.

Decision Date: 28/05/2023

Publish Date: 29/05/2023