Invercargill HRC 26 April 2026 – R8 – Kirstin Green

Mr McIntyre alleged that Ms Green (SKINNY DIPPIN) shifted ground outwards passing the 450 metres in Race 8, hampering and checking EBONEZY (B Orange) and SEEKING CLARITY (B Williamson), which both broke and further hampering MIKI’S DEAL (M Williamson) and JUSTAWEESIP (P Hunter).

Mr Munro identified the Respondent’s horse on the video and demonstrated that Ms Green was racing one out one back, and she shifted ground outwards passing the 450 metres. Mr Orange, who had been racing behind Ms Green, had made a quick move 3 wide and there was contact with Mr Orange’s horse, EBONEZY, which broke, as did SEEKING CLARITY (Mr B Williamson).

Mr McIntyre said that the movement from Ms Green was sharp and left no time for Mr Orange to shift away. He accepted that Mr Orange had shifted in a fraction, but the significant movement was from Ms Green. The outside wheel of Ms Green’s cart had contacted the legs of EBONEZY. Ms Green had had an advantage over Mr Orange and was entitled to shift out, if it was done in a safe and gradual manner. It was not. Other horses were also hampered. He played the video to the conclusion of the race, which showed that Ms Green finished 3rd and Mr Hunter 5th.

Ms Green stated that the head-on video demonstrated that Mr Orange had shifted in considerably. She had not come out all that quick and Mr Orange had had time to react. She did not accept that her movement was sharp; it was a slow and gradual movement. Mr Orange had allowed his horse to shift down at the same time.

Mr McIntyre summed up, stating Mr Orange’s movement was slight in relation to that of Ms Green’s. Her movement was not gradual and was not in an acceptable manner. She had a clear advantage over Mr Orange when she shifted, but Mr Orange was coming up quickly and she had been caught out.

Ms Green reiterated her movement was not sharp. She had come out quietly. It was a usual racing movement. Mr Orange had been slow to react and had allowed his horse to lay in.

Reasons for Decision

Ms Green has shifted wider on the track at the 450 metres. In so doing, her cart has come into contact with the legs of EBONEZY, driven by Mr Orange. That horse, which had been racing behind Ms Green, had shifted out and was making ground quickly 3 wide.

It is accepted that Ms Green had an advantage over Mr Orange when she shifted. The Shifting Ground Regulation provides that the onus is on the Driver shifting ground, to ensure the move is made with safety and does not cause interference by conducting it in a gradual and acceptable manner, thereby enabling the Driver of the runner being moved, to be able to take the necessary action to accommodate the manoeuvre. The Adjudicative Committee does not believe that Ms Green has complied with this obligation. The back straight video clearly demonstrates that her outwards movement is not gradual; it is quick and did not give Mr Orange the opportunity to shift wider on the track to accommodate her manoeuvre. The consequence, as noted, is contact between cart and legs, with 2 horses breaking, and 2 others being hampered.

Decision

The charge is found to be proved.

Penalty Submissions

Mr McIntyre produced the Respondent’s record. Ms Green has had 118 drives this season. She has had no breaches of this Rule in the past 6 months. Mr McIntyre described the breach as mid-range, with regard being had to the consequences of the breach, and sought a penalty at the 5-day starting point in the Penalty Guide.

Ms Green did not question the Stewards’ assessment of the gravity of the breach and addressed a deferment of the suspension. She asked that it commence after racing at Auckland on 1 May. The Stewards did not object to this.

Reasons for Penalty

The breach is mid-range in that the Respondent has shifted outwards too swiftly and come into contact with Mr Orange. Two horses broke and two were inconvenienced. There is some mitigation to be had in the fact that Mr Orange’s horse had lay in a little at the same time.

Taking into account the circumstances of the breach and its consequences, and Ms Green’s very good record under this Rule, the Adjudicative Committee believes the breach can be assessed as mid-range and that a suspension at the starting point in the Penalty Guide for a Group 2 Race of 5 days is appropriate.

Conclusion

Ms Green is suspended from the end of racing on 1 May 2026, up to and including 10 May 2026. This is 5 days.