Archive Decision

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Winton HRC 31 December 2019 – R 3 – Chair, Mr P Knowles

ID: JCA17753

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr A Kyle - Open Horseman

Other Person:
Miss E Barron - Junior Driver, Miss R Haley - Stipendiary Steward

Information Number:
A12702

Hearing Type:
Hearing

New Charge:
869(4)(6)(b)(c)

Rules:
Push Out

Plea:
denied

Meet Title:
Winton HRC - 31 December 2019

Meet Chair:
PKnowles

Meet Committee Member 1:
MConway

Race Date:
2019/12/31

Race Number:
R2

Decision:

The Committee has to be satisfied that a breach of the rule has occurred. On this occasion we are not.

The charge is dismissed.

Facts:

Mr Kyle was charged with a breach of the Push Out Rule - r 869(4)(6)(b)(c), following his drive on MAN I’M GOOD in race 3.

Mr Kyle denied the charge.

Miss Haley pointed out the relevant positions of MAN I’M GOOD and IDEAL GLACIER (E Barron) as the field passed the winning post with a lap to run. She said MAN I’M GOOD was five deep on the pole line with IDEAL GLACIER, trailing IDEOLOGIST (M Jones), five back on the two out-line. As the field entered the bend IDEOLOGIST shifted outwards to improve three-wide followed by IDEAL GLACIER. At this point Mr Kyle shifted MAN I’M GOOD outwards to the two –out position forcing IDEAL GLACIER wider on the track.

Submissions for Decision:

Mr Munro stated it was this manoeuvre by Mr Kyle which breached the Push Out Rule. He said that clause (b) of r 869(6) had been amended in November this year and no horseman could shift outwards if there was a runner to his outside. He said IDEAL GLACIER was in the two-out position and had been forced to race three-wide without cover for approximately 400 to 500 metres.

Mr Munro called Ms Barron to give evidence for the Stewards. She stated she intended staying in the two-out position as IDEAL GLACIER was not travelling well at the time. When she moved forward to trail TOUCHE in the two-wide line she was forced wider by MAN I’M GOOD which was shifting wider. IDEAL GLACIER was placed in a position he shouldn’t have been.

Ms Barron was questioned by the Committee as to whether she turned the horse’s head inwards after Mr Kyle had started shifting outwards. She was also asked if she had intended to follow Mr Jones. She stated it was always her intention to stay in the two-out line and was surprised that Mr Kyle shifted outwards. She had turned her horse’s head inwards to maintain her position.

Mr Kyle stated that in his opinion Ms Barron initially attempted to follow IDEOLOGIST when it moved out three wide. However, the horse wasn’t going good enough and then she shifted back inwards. By that time he had already started moving out. He was of the view that there was no-one in the two-out position. There was a huge gap on his outer and he had moved into it.

In summary Mr Munro stated Ms Barron was allowed to stay where she was. She was entitled to take up the position two-out behind TOUCHE. Mr Kyle was in breach of the rule as IDEAL GLACIER was the wider runner. Mr Kyle was of the view Ms Barron had taken a three-wide line and he was entitled to move out.

Reasons for Decision:

Mr Munro alleged Mr Kyle (MAN I’M GOOD) breached the Push Out Rule when shifting outwards about the 1300 metre mark, and forcing IDEAL GLACIER wider on the track.

Mr Kyle claimed that IDEAL GLACIER was attempting to improve three-wide, and that after he was half out Ms Barron changed her mind and shifted inwards.

Miss Barron stated that IDEAL GLACIER wasn’t travelling well at the time and she intended to stay in the two-out position.

There were a number of arguments around the relevant positions of MAN I’M GOOD and IDEAL GLACIER when MAN I’M GOOD initially shifted outwards. There was a sizeable gap between runners and also it appeared that IDEAL GLACIER, initially, was trailing IDEOLOGIST outwards to the three-wide line. Whether Miss Barron consciously followed IDEOLOGIST outwards or not is not the issue.

The fact is there was a sizeable gap on the outside of MAN I’M GOOD for at least several strides and Mr Kyle believed he was allowed to take it. It was only after he had shifted towards the vacant position that Miss Barron attempted to shift back down.

Decision Date: 03/01/2020

Publish Date: 03/01/2020

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: e9c303fbbbe56cd621a18c6949a40c94


informantnumber: A12702


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869(4)(6)(b)(c)


plea: denied


penaltyrequired: 0


decisiondate: 03/01/2020


hearing_title: Winton HRC 31 December 2019 - R 3 - Chair, Mr P Knowles


charge:


facts:

Mr Kyle was charged with a breach of the Push Out Rule - r 869(4)(6)(b)(c), following his drive on MAN I’M GOOD in race 3.

Mr Kyle denied the charge.

Miss Haley pointed out the relevant positions of MAN I’M GOOD and IDEAL GLACIER (E Barron) as the field passed the winning post with a lap to run. She said MAN I’M GOOD was five deep on the pole line with IDEAL GLACIER, trailing IDEOLOGIST (M Jones), five back on the two out-line. As the field entered the bend IDEOLOGIST shifted outwards to improve three-wide followed by IDEAL GLACIER. At this point Mr Kyle shifted MAN I’M GOOD outwards to the two –out position forcing IDEAL GLACIER wider on the track.


appealdecision:


isappeal:


submissionsfordecision:

Mr Munro stated it was this manoeuvre by Mr Kyle which breached the Push Out Rule. He said that clause (b) of r 869(6) had been amended in November this year and no horseman could shift outwards if there was a runner to his outside. He said IDEAL GLACIER was in the two-out position and had been forced to race three-wide without cover for approximately 400 to 500 metres.

Mr Munro called Ms Barron to give evidence for the Stewards. She stated she intended staying in the two-out position as IDEAL GLACIER was not travelling well at the time. When she moved forward to trail TOUCHE in the two-wide line she was forced wider by MAN I’M GOOD which was shifting wider. IDEAL GLACIER was placed in a position he shouldn’t have been.

Ms Barron was questioned by the Committee as to whether she turned the horse’s head inwards after Mr Kyle had started shifting outwards. She was also asked if she had intended to follow Mr Jones. She stated it was always her intention to stay in the two-out line and was surprised that Mr Kyle shifted outwards. She had turned her horse’s head inwards to maintain her position.

Mr Kyle stated that in his opinion Ms Barron initially attempted to follow IDEOLOGIST when it moved out three wide. However, the horse wasn’t going good enough and then she shifted back inwards. By that time he had already started moving out. He was of the view that there was no-one in the two-out position. There was a huge gap on his outer and he had moved into it.

In summary Mr Munro stated Ms Barron was allowed to stay where she was. She was entitled to take up the position two-out behind TOUCHE. Mr Kyle was in breach of the rule as IDEAL GLACIER was the wider runner. Mr Kyle was of the view Ms Barron had taken a three-wide line and he was entitled to move out.


reasonsfordecision:

Mr Munro alleged Mr Kyle (MAN I’M GOOD) breached the Push Out Rule when shifting outwards about the 1300 metre mark, and forcing IDEAL GLACIER wider on the track.

Mr Kyle claimed that IDEAL GLACIER was attempting to improve three-wide, and that after he was half out Ms Barron changed her mind and shifted inwards.

Miss Barron stated that IDEAL GLACIER wasn’t travelling well at the time and she intended to stay in the two-out position.

There were a number of arguments around the relevant positions of MAN I’M GOOD and IDEAL GLACIER when MAN I’M GOOD initially shifted outwards. There was a sizeable gap between runners and also it appeared that IDEAL GLACIER, initially, was trailing IDEOLOGIST outwards to the three-wide line. Whether Miss Barron consciously followed IDEOLOGIST outwards or not is not the issue.

The fact is there was a sizeable gap on the outside of MAN I’M GOOD for at least several strides and Mr Kyle believed he was allowed to take it. It was only after he had shifted towards the vacant position that Miss Barron attempted to shift back down.


Decision:

The Committee has to be satisfied that a breach of the rule has occurred. On this occasion we are not.

The charge is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: Push Out


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr A Kyle - Open Horseman


Otherperson: Miss E Barron - Junior Driver, Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8e49d592cbf455aafaf4ac01badbbcb7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


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meetid: 785182ad5454f4af66fb506dc9be59ee


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/12/2019


meet_title: Winton HRC - 31 December 2019


meet_expappcomment:


meet_km:


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tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: MConway


meet_pm2: none


name: Winton HRC