Wairio TC 28 January 2023 – R4 (heard 12 February 2023 at Invercargill) – Alister Kyle

Evidence

This Information is the result of an adjourned hearing from the Wairio Trotting Club on 28 January 2023, at Winton Racecourse.

Following the running of Race 4, Respondent Mr Alister Kyle was charged with a breach of Rule 869(3)(b), mainly that he drove carelessly near the 800 metre mark when failing to concede his position to FRANCO HUNTINGTON, resulting in his runner being checked.

The Respondent endorsed the Information and “I admit the breach” of the Rule and he confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides: No driver in any race shall drive carelessly.

Using the available video footage, Stipendiary Steward Mr Munro had Mr Burke identify the horses in the incident namely TASHS BAD GIRL (Mr Kyle), FRANCO HUNTINGTON (Miss Ottley) and KRAMER (Mr Barclay).

Mr Munro started that Mr Kyle has failed to concede his position from the 800 metre mark when racing 3 1/2 cart width wide, and in doing so for approximately 80 metres. Mr Munro stated Miss Ottley, under the Rule, is entitled to push out and in this instance, Mr Kyle has not allowed her to do so, with his horse eventually blundering and losing its chance.

Mr Kyle stated that under the Rules, Miss Ottley was entitled to drive as she had, however in his opinion, she had tried to push out on two previous occasions and his horse was travelling on the bit at the time. Mr Kyle concluded that he believed that Miss Ottley’s driving was not safe.

Decision

As the charge was admitted, it is deemed proved.

Submissions for Penalty

Stipendiary Steward Mr Munro produced the Respondent’s record which indicated a clear record under this Rule. Mr Kyle has had 854 lifetime drives, 43 last season and 10 this season. Mr Munro believes the range of carelessness was mid level, noting that Mr Kyle’s horse was put out of the race. Mr Munro also confirmed Mr Kyle was an Owner/Trainer and in recent times, was driving 3 horses on race days.

Mr Kyle had no submissions on penalty.

Reasons for Penalty

The Penalty Guide provides a penalty starting point of a 10 drive suspension or a $500 fine. The Adjudicative Committee considered a 5 day suspension as a starting point, with a one day reduction for Mr Kyle’s admittance of the breach and driving record under this breach.

Conclusion

The Respondent Mr Kyle’s license to drive is suspended from the conclusion of racing on February 12, to the conclusion of racing on 03/03/2023.