Invercargill HRC 17 May 2014 – R 8
ID: JCA10962
Meet Title:
Invercargill HRC - 17 May 2014
Meet Chair:
NSkelt
Meet Committee Member 1:
GHall
Race Date:
2014/05/17
Race Number:
R 8
Decision:
As Mr A Kyle has admitted the breach it is found to be proved.
Penalty:
Mr Kyle was fined the sum of $200.
Facts:
Following the running of Race 8 The Club Southland Mobile Pace an information was lodged by Stipendiary Steward Mr S Wallis alleging that Mr A Kyle (Bad Boy Mara) drove in a manner which caused interference to brilliant strike (J.Cox) pacing around the first bend.
The rule reads: 869(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 therof place any horse which:
(a) May have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) May have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-
Immediately after any horse which it may have gained an advantage or whose chances or progress may have been affected thereby.
Mr Kyle confirmed to the committee he understood the rule and that he admitted the breach.
Stipendiary Steward Mr S Wallis gave evidence and showed the committee the relevant video films of the alleged incident. Mr Wallis stated that he believed Mr Kyle had not “done enough” to relieve the pressure he had placed on Mr Cox’s horse Brilliant Strike, when his horse Bad Boy Mara was moving into the leading position and as a result Brilliant Strike broke and galloped for about forty five to fifty metres.
Mr Kyle stated that Mr Cox’s horse was a first starter, and he did not believe it was “steering right” and that it hung inwards and may have contributed to the incident.
Submissions for Penalty:
Mr Wallis stated that the JCA penalty guide provides a starting point of a suspension of six race day drives or a $300 fine.
Mr Wallis confirmed that Mr Kyle had no previous breaches under this rule in the past twelve months, and that he had twenty nine race day drives in the 2012/2013 season and twenty nine drives to date this season.
Mr Wallis also said the breach was at the lower end of the scale, and that Mr Kyle had admitted the breach at the earliest possible point. Mr Kyle had no submissions on penalty.
Reasons for Penalty:
The committee used a starting point of $300 for an appropriate penalty however was satisfied that the breach was at the lower end of the scale. Mr Kyle had failed to give Mr Cox sufficient room when he was pressing forward in an attempt to obtain the lead; which Mr Cox was not yielding to Mr Kyle. The consequence was Mr Cox’s horse broke briefly before regaining its gait. It lost its position at the head of the field.
We gave a $100 discount for Mr Kyle’s early admission of the breach and his recent driving record which is very good.
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: 093e9fb6aff371e2f9d47a911e61eb01
informantnumber: A1780
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interference
plea: admitted
penaltyrequired: 1
decisiondate: 16/05/2014
hearing_title: Invercargill HRC 17 May 2014 - R 8
charge:
facts:
Following the running of Race 8 The Club Southland Mobile Pace an information was lodged by Stipendiary Steward Mr S Wallis alleging that Mr A Kyle (Bad Boy Mara) drove in a manner which caused interference to brilliant strike (J.Cox) pacing around the first bend.
The rule reads: 869(8) The Judicial Committee may in addition to any other penalty which may be imposed pursuant to Rule 1003 therof place any horse which:
(a) May have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or
(b) May have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses,-
Immediately after any horse which it may have gained an advantage or whose chances or progress may have been affected thereby.
Mr Kyle confirmed to the committee he understood the rule and that he admitted the breach.
Stipendiary Steward Mr S Wallis gave evidence and showed the committee the relevant video films of the alleged incident. Mr Wallis stated that he believed Mr Kyle had not “done enough” to relieve the pressure he had placed on Mr Cox’s horse Brilliant Strike, when his horse Bad Boy Mara was moving into the leading position and as a result Brilliant Strike broke and galloped for about forty five to fifty metres.
Mr Kyle stated that Mr Cox’s horse was a first starter, and he did not believe it was “steering right” and that it hung inwards and may have contributed to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr A Kyle has admitted the breach it is found to be proved.
sumissionsforpenalty:
Mr Wallis stated that the JCA penalty guide provides a starting point of a suspension of six race day drives or a $300 fine.
Mr Wallis confirmed that Mr Kyle had no previous breaches under this rule in the past twelve months, and that he had twenty nine race day drives in the 2012/2013 season and twenty nine drives to date this season.
Mr Wallis also said the breach was at the lower end of the scale, and that Mr Kyle had admitted the breach at the earliest possible point. Mr Kyle had no submissions on penalty.
reasonsforpenalty:
The committee used a starting point of $300 for an appropriate penalty however was satisfied that the breach was at the lower end of the scale. Mr Kyle had failed to give Mr Cox sufficient room when he was pressing forward in an attempt to obtain the lead; which Mr Cox was not yielding to Mr Kyle. The consequence was Mr Cox’s horse broke briefly before regaining its gait. It lost its position at the head of the field.
We gave a $100 discount for Mr Kyle’s early admission of the breach and his recent driving record which is very good.
penalty:
Mr Kyle was fined the sum of $200.
hearing_type: Hearing
Rules: 869(8)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr A Kyle - Horseman of BAD BOY MARA
Otherperson: Mr B Tapper - Mr Haruki's Employer
PersonPresent:
Respondent:
StipendSteward:
raceid: afdb6d390fe6b468fd9ae8742ec4ec0f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c84eb464d156aaf5c3066fa3bae05f60
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/05/2014
meet_title: Invercargill HRC - 17 May 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: GHall
meet_pm2: none
name: Invercargill HRC