Wyndham HRC 19 March 2022 – R8 – Sam Thornley

Evidence:

Following the running of Race 8, MLT Wyndham Cup, an Information A16046 was filed by Stipendiary Steward Mr V Munro against Junior Driver Mr S Thornley alleging a breach of Rule 869(4)(6)(b)(c) in that when driving CORRAVALLY STAR he shifted ground outwards forcing another runner (SHE’S TOUGH, S Tomlinson) wider on the track passing the 1200 metres.

Rule 869(4)(6)(b)(c) reads as follows:

(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/any other horse or it’s progress

(6) Subject to sub rule 4, hereof

(b) a horse making a forward movement during any race should not be forced to race wider on the track

(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully passed.

Mr Thornley has indicated on the Information that this breach of the Rules was admitted which he confirmed. He also stated that he understood the Rule, the charge was brought under.

Mr Barclay, a Senior Driver, supported Mr Thornley throughout the hearing.

Mr McIntyre gave evidence and used the video footage to show Mr Thornley (CORRAVALLY STAR) sitting five back on the inside, he then began to follow Mr Orange (DOCTOR TIM) but in doing so he has pushed Mr Tomlinson (SHE’S TOUGH) wider onto the track about the 1200 metre mark.

Mr Thornley agreed with Mr McIntyre’s summation. Mr Barclay said that Mr Thornley was caught in an unfortunate set of circumstances when some of the field were in actual fact racing wider on the track and that Mr Thornley has simply misjudged when following Mr Orange.

Decision:

Mr Thornley having admitted the breach, the charge was found proved.

Submissions for Penalty:

Mr Munro stated that the Penalty Guide provided a starting point for this Rule as a fine of $250 or a 5 drive suspension. Mr Munro stated that Mr Thornley had a clear record under this breach and had admitted the charge at the first opportunity. Mr Munro confirmed that Mr Thornley has had 372 lifetime drives, 258 in the extended season last year and 68 this season. Mr Munro submitted that Mr Thornley was a busy, successful Junior Driver and a fine may be appropriate in this instance.

Mr Thornley stated that he would prefer a fine as opposed to a suspension which Mr Barclay also reinforced.

Reasons for penalty:

The Penalty Guide provides a starting point of a 5 drive suspension or a $250 fine for a breach of this Rule. The Adjudicative Committee agreed that a suspension was not appropriate in this instance. Taking into consideration Mr Thornley’s very good driving record and his admittance of the breach at the earliest point, a fine of $200 was appropriate in this case.

Conclusion:

Mr Thornley is fined the sum of $200.