Archive Decision

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Invercargill HRC 2 July 2020 – R 3 – Chair, Prof G Hall

ID: JCA17121

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr A Kyle - Driver of MAN I'M GOOD

Other Person:
Miss R Haley - Stipendiary Steward

Information Number:
A12731

Hearing Type:
Hearing

New Charge:
Interference

Rules:
869(4)

Plea:
admitted

Meet Title:
Invercargill HRC - 2 July 2020

Meet Chair:
GHall

Race Date:
2020/07/02

Race Number:
R 3

Decision:

Mr Kyle has admitted the breach. It is found to be proved.

Penalty:

Mr Kyle is suspended from end of the meeting today up to and including 23 July. This is 3 days.

Facts:

Mr Munro, Stipendiary Steward, alleged that Mr Kyle (MAN I’M GOOD) shifted ground up the track in the final 50 metres of race 3 causing interference to the progress of Mr Hurrell (TAD LINCOLN).

R 869(4) provides: “No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”

Miss Haley pointed to Mr Kyle racing in the passing lane with Mr Hurrell racing to his outside and back a little from Mr Kyle. Mr Kyle was urging MAN I’M GOOD with the whip and the horse shifted outwards just before the 50 metres mark and into the running line of Mr Hurrell, who had to take hold.

Mr Munro emphasised that Mr Hurrell had had to stop driving and had completely lost momentum as a result.

Mr Kyle said MAN I’M GOOD had cost itself the race by shifting out. He had heard Mr Hurrell yelling. He had stopped using the whip and had straightened the horse. He accepted the videos evidenced that this was too late, however.

Submissions for Penalty:

Mr Munro produced Mr Kyle’s record. He has had 745 lifetime drives — 34 drives this season and 28 last season. Mr Munro identified the starting point in the Penalty Guide as a 6-drive suspension or a $300 fine.

Mr Kyle said he had two horses in racing trim and was intending to start them over the next few weeks.

Reasons for Penalty:

Mr Kyle has shifted outwards over the final 60 metres when racing in the passing lane. In so doing he has come into the line of running of Mr Hurrell who has had to take hold of his horse. Mr Kyle’s actions have clearly cost Mr Hurrell a better finishing position.

Mr Kyle’s record is good. Taking into account the consequences of the breach and the fact that Mr Kyle did take remedial action, albeit too late, and factoring in record and admission of the breach, a penalty at the level of the starting point in the JCA Penalty Guide of six drives is appropriate. Mr Kyle has on average 2 drives per meeting. The penalty is 3 days’ suspension, which equates to 6 drives.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: cee96642944c84a98a784635cb4b81af


informantnumber: A12731


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Interference


plea: admitted


penaltyrequired: 1


decisiondate: 05/07/2020


hearing_title: Invercargill HRC 2 July 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Munro, Stipendiary Steward, alleged that Mr Kyle (MAN I’M GOOD) shifted ground up the track in the final 50 metres of race 3 causing interference to the progress of Mr Hurrell (TAD LINCOLN).

R 869(4) provides: “No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”

Miss Haley pointed to Mr Kyle racing in the passing lane with Mr Hurrell racing to his outside and back a little from Mr Kyle. Mr Kyle was urging MAN I’M GOOD with the whip and the horse shifted outwards just before the 50 metres mark and into the running line of Mr Hurrell, who had to take hold.

Mr Munro emphasised that Mr Hurrell had had to stop driving and had completely lost momentum as a result.

Mr Kyle said MAN I’M GOOD had cost itself the race by shifting out. He had heard Mr Hurrell yelling. He had stopped using the whip and had straightened the horse. He accepted the videos evidenced that this was too late, however.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Kyle has admitted the breach. It is found to be proved.


sumissionsforpenalty:

Mr Munro produced Mr Kyle’s record. He has had 745 lifetime drives — 34 drives this season and 28 last season. Mr Munro identified the starting point in the Penalty Guide as a 6-drive suspension or a $300 fine.

Mr Kyle said he had two horses in racing trim and was intending to start them over the next few weeks.


reasonsforpenalty:

Mr Kyle has shifted outwards over the final 60 metres when racing in the passing lane. In so doing he has come into the line of running of Mr Hurrell who has had to take hold of his horse. Mr Kyle’s actions have clearly cost Mr Hurrell a better finishing position.

Mr Kyle’s record is good. Taking into account the consequences of the breach and the fact that Mr Kyle did take remedial action, albeit too late, and factoring in record and admission of the breach, a penalty at the level of the starting point in the JCA Penalty Guide of six drives is appropriate. Mr Kyle has on average 2 drives per meeting. The penalty is 3 days’ suspension, which equates to 6 drives.


penalty:

Mr Kyle is suspended from end of the meeting today up to and including 23 July. This is 3 days.


hearing_type: Hearing


Rules: 869(4)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr A Kyle - Driver of MAN I'M GOOD


Otherperson: Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: e3a6da4780d6edea02be83b3150d80f9


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


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meetdate: 02/07/2020


meet_title: Invercargill HRC - 2 July 2020


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tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


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name: Invercargill HRC