Winton HRC – 29 December 2006 – Race 6
ID: JCA20022
Hearing Type (Code):
harness-racing
Meet Title:
Winton HRC - 29 December 2006
Race Date:
2006/12/29
Race Number:
Race 6
Decision: --
Mr Knowles alleged that "AW Kyle drove improperly when allowing SECONDSTOSPARE to improve on the inside of his horse SMART OPERATOR, approximately 150m prior to the passing lane, thereby allowing SECONDSTOSPARE to improve its position and gain an advantage."
--
DECISION AND REASON:
--Mr Knowles alleged that "AW Kyle drove improperly when allowing SECONDSTOSPARE to improve on the inside of his horse SMART OPERATOR, approximately 150m prior to the passing lane, thereby allowing SECONDSTOSPARE to improve its position and gain an advantage."
--Mr Kyle is the trainer of both horses ? he also owns SMART OPERATOR.
--Mr Allison showed video evidence from all available angles, each video several times. He pointed out that by moving out before the passing lane his stablemate, driven by B Barclay, was able to move through along the pole line and gain a charmed run and considerable advantage. This horse ran on to finish third after leading into the straight.
--Mr Kyle pointed out that it was when he pulled the earplugs and the horses were brought under pressure with the finish at hand that his horse drifted out. He claimed the horse had often done this ? running out under pressure and on at least two occasions had broken when held down onto the pole line.
--Mr Allison also claimed that Mr Milne, driver of No.8 MATAI MASTERPIECE, was forced wider as a result. MATAI MASTERPIECE finished second, only half a head from the winner.
--Both Stewards also showed film of the whole race several times, and pointed out that SMART OPERATOR did not appear to be showing difficulty in being controlled at any stage of the race. Also the start of the race was shown and Mr Kyle claimed he had not intended to lead but as Kirstin Barclay (No.4 Carl Brashear), which drew in front of him (he drew 13) drove her horse out and gaps opened allowing him to take the lead from his stablemate.
--The Stipendiary Stewards pointed out that he was then aware that his other stable horse was in the trail and as long as he lead it was behind him.
--Mr Kyle, in defence, said no horse was interfered with or knocked about as a result of his drifting out. He claimed the bad condition of the track contributed to it. He also said he had not attempted to go back onto the pole line and that it was his job to do so.
--In summary, the Stipendiary Stewards were of the opinion that Mr Kyle should have done more to stay on the pole line and to go back down on to it when he drifted off. They stated it looked bad that his stablemate appeared to gain his advantage as a result.
--Mr Kyle felt he would have still gained the passing lane in front even if he had not drifted.
--Decision:
--We have seen a considerable amount of evidence on video and heard from both Stipendiary stewards and Mr Kyle, the defendant.
--Based on this we uphold the charge as we feel that Mr Kyle made no attempt to return to the pole line and this greatly advantaged his stablemate. We feel the advantage resulting from this was to between 1-1/2 lengths and 2 lengths, and the margins at the finish were half head ? half a neck ? and a head.
--In the interests of natural justice to the other horses and horsemen involved therefore we find the charge proven.
--Penalty:
--Submissions as to penalty were sought. Mr Knowles said that this was a very serious charge, that it assisted another runner from the same stable. He asked for a suspension of 4 to 6 weeks.
--Mr Kyle thought 2 weeks was more appropriate, again pointing out that he owned the horse in front and only trained the other horse, that he had not inconvenienced any horse, that he has a large team, had four at the races today and he had driven for over 25 years and never been suspended.
--Taking into account Mr Kyle's clean record and up front attitude in the room, we suspend his licence for 3 weeks from todays meeting forward up to and including the 19th of January 2007. In effect this is a 4-day suspension.
----
JL Eagles, Chairman
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: 63e3c75d53dfa93a022d432a02698491
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/12/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Winton HRC - 29 December 2006 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Mr Knowles alleged that "AW Kyle drove improperly when allowing SECONDSTOSPARE to improve on the inside of his horse SMART OPERATOR, approximately 150m prior to the passing lane, thereby allowing SECONDSTOSPARE to improve its position and gain an advantage."
--
DECISION AND REASON:
--Mr Knowles alleged that "AW Kyle drove improperly when allowing SECONDSTOSPARE to improve on the inside of his horse SMART OPERATOR, approximately 150m prior to the passing lane, thereby allowing SECONDSTOSPARE to improve its position and gain an advantage."
--Mr Kyle is the trainer of both horses ? he also owns SMART OPERATOR.
--Mr Allison showed video evidence from all available angles, each video several times. He pointed out that by moving out before the passing lane his stablemate, driven by B Barclay, was able to move through along the pole line and gain a charmed run and considerable advantage. This horse ran on to finish third after leading into the straight.
--Mr Kyle pointed out that it was when he pulled the earplugs and the horses were brought under pressure with the finish at hand that his horse drifted out. He claimed the horse had often done this ? running out under pressure and on at least two occasions had broken when held down onto the pole line.
--Mr Allison also claimed that Mr Milne, driver of No.8 MATAI MASTERPIECE, was forced wider as a result. MATAI MASTERPIECE finished second, only half a head from the winner.
--Both Stewards also showed film of the whole race several times, and pointed out that SMART OPERATOR did not appear to be showing difficulty in being controlled at any stage of the race. Also the start of the race was shown and Mr Kyle claimed he had not intended to lead but as Kirstin Barclay (No.4 Carl Brashear), which drew in front of him (he drew 13) drove her horse out and gaps opened allowing him to take the lead from his stablemate.
--The Stipendiary Stewards pointed out that he was then aware that his other stable horse was in the trail and as long as he lead it was behind him.
--Mr Kyle, in defence, said no horse was interfered with or knocked about as a result of his drifting out. He claimed the bad condition of the track contributed to it. He also said he had not attempted to go back onto the pole line and that it was his job to do so.
--In summary, the Stipendiary Stewards were of the opinion that Mr Kyle should have done more to stay on the pole line and to go back down on to it when he drifted off. They stated it looked bad that his stablemate appeared to gain his advantage as a result.
--Mr Kyle felt he would have still gained the passing lane in front even if he had not drifted.
--Decision:
--We have seen a considerable amount of evidence on video and heard from both Stipendiary stewards and Mr Kyle, the defendant.
--Based on this we uphold the charge as we feel that Mr Kyle made no attempt to return to the pole line and this greatly advantaged his stablemate. We feel the advantage resulting from this was to between 1-1/2 lengths and 2 lengths, and the margins at the finish were half head ? half a neck ? and a head.
--In the interests of natural justice to the other horses and horsemen involved therefore we find the charge proven.
--Penalty:
--Submissions as to penalty were sought. Mr Knowles said that this was a very serious charge, that it assisted another runner from the same stable. He asked for a suspension of 4 to 6 weeks.
--Mr Kyle thought 2 weeks was more appropriate, again pointing out that he owned the horse in front and only trained the other horse, that he had not inconvenienced any horse, that he has a large team, had four at the races today and he had driven for over 25 years and never been suspended.
--Taking into account Mr Kyle's clean record and up front attitude in the room, we suspend his licence for 3 weeks from todays meeting forward up to and including the 19th of January 2007. In effect this is a 4-day suspension.
----
JL Eagles, Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: abe281af1b55fee1a850065228f50dbf
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race_title: Race 6
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meetdate: 29/12/2006
meet_title: Winton HRC - 29 December 2006
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meet_racingtype: harness-racing
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