Invercargill HRC 7 May 2022 – R2 – Alister Kyle

Background:

Following the running of Race 2 Homestead Trot 2700m, the Respondent Driver Alister Kyle admitted a breach of Rule 869(3)b namely that, as the Driver of KYLE LOCH in the race, he drove carelessly shifting ground outwards when not sufficiently clear in the run home passing the 180m mark.

The Respondent endorsed the Information (I do admit the breach of the Rule) and confirmed he understood the Rule and the nature of the charge.

Rule 869(3) provides:

(b) No driver in any race should drive carelessly.

Evidence:

Using the available video replays Stipendiary Steward Vinny Munro had Stipendiary Steward Rebecca Haley identify the horses involved in the incident. She showed head on and side on video replays of the final 200m of the 2700m race.

Miss Haley pointed out KYLE LOCH driven by Mr Kyle, shifted ground outwards and in doing so when not fully clear of FATHER ON DOWN (Mr McIlwrick), he caused it to break and lose its chance.

Mr Kyle stated that he had simply made an error of judgement.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions For Penalty:

Stipendiary Steward Mr Vinny Munro said that Mr Kyle has had 819 lifetime drives , 54 last season and 18 this season and had had no previous breaches of the Rule in the designated timeframe. He added that Mr Kyle now had 4 horses in racing order, that he was likely to drive over the coming months.

Mr Munro also stated that the carelessness was in the low range category and that the Penalty Guide had a starting point of a 10 drive suspension which may equate to a 3 or 4 day suspension.

Mr Munro confirmed that Mr Kyle was a local Driver at Southern Meetings and he restricted his driving to local horses.

Mr Kyle confirmed that he had his racing team of 4 horses now ready to race regularly. He also did not seek a deferment of a suspension.

Reasons for Penalty:

The Adjudicative Committee assessed the breach as being at low level. Mr Kyle has simply made an error of judgement and it was noted his horse finished well into second placing.

A penalty of a 4 day suspension was appropriate in this case. The were no significant aggravating factors as it was unclear on how FATHER ON DOWN was travelling at the point of the incident.

Mitigating factors are Mr Kyle’s frank admission of the breach and his good record under the Rule, and for those factors, the Adjudicative Committee decided that a 1 day discount from the 4 day starting point was appropriate.

Conclusion:

The Respondent Driver Alister Kyle has his license suspended for 3 days until after racing on the 7th May 2022, up to and including the 24th May 2022. The meetings intended to be encompassed by the period of suspension are:- Winton Harness 14th May 2022, Invercargill Harness 21st May 2022, Riverton Trotting Club 26th May 2022.