Gore HRC 13 October 2018 – R 3 – Chair, Prof G Hall
ID: JCA16645
Meet Title:
Gore HRC - 13 October 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/10/13
Race Number:
R 3
Decision:
Mr Kyle has admitted the breach, which is found to be proved.
Penalty:
Mr Kyle is suspended from the end of racing on 13 October up to and including 28 October 2018. This is 3 Otago/Southland days.
Facts:
An information was filed by Stipendiary Steward Mr Munro against Mr Kyle, the driver of MAN I’M GOOD in race 3, the GORE WINDSCREENS ‘N’ GLASS 2000 LTD MOBILE PACE alleging that on the first bend he contacted the sulky wheel of EL DINERO, which punctured.
Mr Ydgren, Chief Stipendiary Steward, demonstrated on the videos that shortly after the start, and when entering the first bend, the respondent was trailing the leader but was some 3 lengths off the back of that horse. Mr McNaught was racing one out and he saw the opportunity to take up the trailing position. He said there was room for Mr McNaught and after he had taken the trail there was contact with his sulky wheel by MAN I’M GOOD.
By using the 4 split screens, Mr Munro demonstrated that there was a clear gap behind the leading horse into which Mr McNaught could progress. As Mr McNaught took up the trail the respondent hunted up his horse. The horse was racing keenly and struck the sulky wheel of Mr McNaught’s cart.
Mr Kyle said MAN I’M GOOD was a big awkward horse and the issue occurred half way around the bend. He did yell out to Mr McNaught that things were getting tight. He had not realised at the time that he had clipped a wheel. He said early on there had been room but by the time he got round the bend the clear gap had closed. Mr Kyle emphasised that both horses had continued to compete in the race.
Mr Munro responded that the tube on Mr McNaught’s sulky had deflated and had later come off the rim. Despite this, EL DINERO had finished fifth.
Submissions for Penalty:
Mr Munro produced the respondent’s record. This evidenced 688 lifetime drives: 5 this season; and 28 the last. Mr Kyle had had no breach of this rule in the past 2 seasons. Mr Munro submitted a penalty of 3 days’ suspension was appropriate. He calculated this on the basis of the starting point of a 6 drive suspension in the Penalty Guide where a driver hits a wheel and that Mr Kyle has on average 2 drives per meeting.
Mr Kyle said he had 3 horses in racing trim and did not disagree with the informant’s penalty submission.
Reasons for Penalty:
We take into account the respondent’s submission that MAN I’M GOOD is a big awkward horse. However, there was clearly room for Mr McNaught to shift down on the track as MAN I’M GOOD, which was trailing, had not been able initially to keep up with the leader. The obligation upon Mr Kyle was to restrain MAN I’M GOOD.
Mr Kyle has come into contact with the sulky wheel of EL DINERO. The impact upon his horse was negligible, but EL DINERO suffered a punctured tyre and eventually the tyre came off the rim. Notwithstanding this, EL DINERO finished fifth, little more than 2 lengths behind the third horse.
We accept Mr Kyle usually has no more than 2 drives at a meeting and therefore a 3-day starting point is appropriate. We increase this to 4 days for the impact on the chances of EL DINERO.
We discount this by one day for Mr Kyle’s very good record and his admission of the breach.
JCA Decision Fields (raw)
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hearingid: cff76a8bcabccbee70857ad622e8d797
informantnumber: A09803
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 15/10/2018
hearing_title: Gore HRC 13 October 2018 - R 3 - Chair, Prof G Hall
charge:
facts:
An information was filed by Stipendiary Steward Mr Munro against Mr Kyle, the driver of MAN I’M GOOD in race 3, the GORE WINDSCREENS ‘N’ GLASS 2000 LTD MOBILE PACE alleging that on the first bend he contacted the sulky wheel of EL DINERO, which punctured.
Mr Ydgren, Chief Stipendiary Steward, demonstrated on the videos that shortly after the start, and when entering the first bend, the respondent was trailing the leader but was some 3 lengths off the back of that horse. Mr McNaught was racing one out and he saw the opportunity to take up the trailing position. He said there was room for Mr McNaught and after he had taken the trail there was contact with his sulky wheel by MAN I’M GOOD.
By using the 4 split screens, Mr Munro demonstrated that there was a clear gap behind the leading horse into which Mr McNaught could progress. As Mr McNaught took up the trail the respondent hunted up his horse. The horse was racing keenly and struck the sulky wheel of Mr McNaught’s cart.
Mr Kyle said MAN I’M GOOD was a big awkward horse and the issue occurred half way around the bend. He did yell out to Mr McNaught that things were getting tight. He had not realised at the time that he had clipped a wheel. He said early on there had been room but by the time he got round the bend the clear gap had closed. Mr Kyle emphasised that both horses had continued to compete in the race.
Mr Munro responded that the tube on Mr McNaught’s sulky had deflated and had later come off the rim. Despite this, EL DINERO had finished fifth.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kyle has admitted the breach, which is found to be proved.
sumissionsforpenalty:
Mr Munro produced the respondent’s record. This evidenced 688 lifetime drives: 5 this season; and 28 the last. Mr Kyle had had no breach of this rule in the past 2 seasons. Mr Munro submitted a penalty of 3 days’ suspension was appropriate. He calculated this on the basis of the starting point of a 6 drive suspension in the Penalty Guide where a driver hits a wheel and that Mr Kyle has on average 2 drives per meeting.
Mr Kyle said he had 3 horses in racing trim and did not disagree with the informant’s penalty submission.
reasonsforpenalty:
We take into account the respondent’s submission that MAN I’M GOOD is a big awkward horse. However, there was clearly room for Mr McNaught to shift down on the track as MAN I’M GOOD, which was trailing, had not been able initially to keep up with the leader. The obligation upon Mr Kyle was to restrain MAN I’M GOOD.
Mr Kyle has come into contact with the sulky wheel of EL DINERO. The impact upon his horse was negligible, but EL DINERO suffered a punctured tyre and eventually the tyre came off the rim. Notwithstanding this, EL DINERO finished fifth, little more than 2 lengths behind the third horse.
We accept Mr Kyle usually has no more than 2 drives at a meeting and therefore a 3-day starting point is appropriate. We increase this to 4 days for the impact on the chances of EL DINERO.
We discount this by one day for Mr Kyle’s very good record and his admission of the breach.
penalty:
Mr Kyle is suspended from the end of racing on 13 October up to and including 28 October 2018. This is 3 Otago/Southland days.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr A Kyle - Licensed Open Driver
Otherperson: Mr N Ydgren - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 23bd2ce3a3c0f3219b88e164b2e23443
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ad6b069f9a195b2684c614361e599f0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/10/2018
meet_title: Gore HRC - 13 October 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore HRC