Winton HRC 10 January 2024 – R10 – Olivia Thornley

Mr Munro alleged that Ms O Thornley (JENNY GUMP) drove carelessly when shifting ground passing the 850 metres, striking the sulky wheel of WHATA RAZZLE DAZZLE (Ms K Green), causing the tyre to deflate.

Mr Munro demonstrated the incident on the videos. The Respondent shifted out from the 2-wide line to make a run. In so doing, she hit the wheel of the horse she was trailing, WHATA RAZZLE DAZZLE, resulting in the tyre puncturing. Mr Munro said that WHATA RAZZLE DAZZLE was weakening and that Miss Thornley was extricating herself off a tiring runner at the time.

Miss Thornley accepted the Stewards’ analysis of the video and emphasised that WHATA RAZZLE DAZZLE was tiring. It was a misjudgement and she had touched the wheel of Ms Green’s cart ever so slightly. She was not aware she had at the time.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Ms Thornley has had 5 drives this season and 107 the last. She has had 457 lifetime drives. Her record is clear with no breaches of any Rule in the past 12 months.

Ms Thornley reiterated it was just a misjudgement.

Reasons for Penalty

The Penalty Guide provides a starting point of a fine of $300 for a first careless driving breach hitting a wheel. It is a low end breach. Miss Thornley was shifting out when the runner she was trailing began to tire. Mitigating factors are Ms Thornley’s excellent record, her status as a Junior Driver, and her admission of the breach. A reduction from the starting point is appropriate for these factors.

Conclusion

Ms Thornley is fined the sum of $200.