Westport TC 28 December 2023 – R11 – Sam Thornley

BACKGROUND:

Following the running of Race 11, Wattyl Mobile Pace, Junior Driver, Sam Thornley, admitted a charge that, as the Driver of FLO MOTION in the Race, he “failed to take all reasonable and permissible measures to win or obtain the best possible finishing place by shifting away from a trailing position near the 1100 metres and placing his mare under significant pressure before compounding near the 600 metres”.

The Respondent, a Junior Driver, waived the right to be assisted at the hearing by a Senior Driver.

Rule 868 provides:

(2)   Every driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

 EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the entire Race. FLO MOTION, driven by the Respondent had drawn barrier position 1 at the 2600 metres mobile start. It showed gate speed to clearly lead early (the Adjudicative Committee noted with some urgency from the Respondent) and led until 1200 metres to race. Just prior to that point, HI HOPES (Blair Orange) came forward. The Respondent attempted to maintain the lead, but eventually he eased and allowed Mr Orange to go to the front at the 1200 metres. The Respondent immediately came out and urged the horse with significant pressure, activated gear and attempted unsuccessfully to regain the lead. The horse was not responding, but he continued to urge it on until, by the 600 metres, it had come to the end of its run, went back through the field,  and finished a long last. Mr Renault said that the Respondent should have ceased his efforts when it was obvious that he was not going to be able to regain the lead. He had given the horse no respite and, as a result, the horse had weakened badly.

The Respondent said that his horse had done a bit of work, but the lead was there for him. When he went to go, the horse was so lazy, and would not go, he said. Mr Orange had “put the brakes on” when he got to the lead.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 492 drives this season. He has a clear record under the Rule.

The Penalty Guide starting point is a suspension of 7 days for a mid-range breach, Mr Renault said. He submitted that there should be no discount from that starting point for what was an “ugly look” and a very bad drive, having initially had the lead, given it up and going straight back round.

The Respondent submitted that he accepted it was a “pretty bad drive”, but he has a lot of drives coming up and, at this time of year. 7 days could cost him a lot of money, which was harsh.

The Respondent indicated he wished any term of suspension to commence immediately.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point under the RIB Harness Racing Penalty Guide (February 2023) – a 7-day suspension. There are no aggravating factors. Mitigating factors are the Respondent’s frank admission of the breach, his good record and and his Junior Driver status. He is a busy and very promising Junior Driver, reflected by the number of drives he has had in the season about to end. For a combination of those factors, the Committee is able to give a discount from the starting point. The discount is fixed at 1 day.

Accordingly, the penalty is to be a suspension of 6 days.

CONCLUSION:

The Respondent’s Junior Driver’s Licence is suspended from after the conclusion of racing on 28 December 2023 up to and including 7 January 2024 – 6 days.