Invercargill HRC 1 July 2022 – R2 (heard 7 July 2022 at Wyndham) – Kirstin Green

BACKGROUND

This hearing was the result of an Information A13863 being filed by Stipendiary Steward Mr Vinny Munro at the Invercargill Harness Meeting on 1st July 2022.

The Information alleged that Miss Kirstin Green (Elouisa Dale), in Race 2, shifted ground inwards when not sufficiently clear of Mr Williamson (Night Sky) and in turn checking the trailing runner Who’s Better (Nathan Williamson).

The Information was unable to be heard on 1/7/2022 and was adjourned until the 7/7/2022, at the Forbury Park meeting held at the Wyndham Raceway.

The Respondent Miss Green endorsed the Information admitting the breach, and confirmed she understood the Rule, and she was present at the hearing.

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

EVIDENCE

Using the available video clips Stipendiary Steward Miss Rebecca Hayley identified the horses in the incident, namely Elouisa Dale driven by the Respondent, highlighting the horse moving quickly from its draw of 7 from the mobile gate, towards the lead.

Night Sky (M Williamson) was racing on the inside of Elouisa Dale, moving forwards also, and Who’s Better (N Williamson) was racing back in the trailing position.

Miss Hayley highlighted Elouisa Dale not being sufficiently clear of Night Sky when moving across to take the lead which caused the horse to be checked, eventually losing its gait, with Mr N Williamson also taking a hold of his horse, the favourite Who’s Better.

Mr Munro added that Night Sky as a result of the break lost all chance of the race.

Elouisa Dale went on to win the race, and Who’s Better finished in 3rd placing.

Miss Green admitted she had made a slight error of judgement in coming across, however she also stated that the sulky wheels had not touched and that she had not made contact, and that Night Sky was not pacing that fluently at the time of the incident.

Miss Green also added that Mr M Williamson had said whilst out on the track, that contact had not been made to the Starters Assistant, however on viewing the video footage with the Stipendiary Stewards, he changed his thoughts on the incident.

Mr Munro added that it was unfortunate that the comments had been made.

DECISION

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

SUBMISSIONS FOR PENALTY

Mr Munro said that the Respondent has had 107 drives this season, 272 drives last season, and 3745 lifetime drives.

Mr Munro confirmed that it had been 8 drives since Miss Green’s last careless driving charge on 24/5/2022, where she admitted the breach and received a 3 day suspension.

Mr Munro also confirmed that the Stipendiary Stewards accepted that Miss Green would normally have 4 race day drives at any Southern meeting.

Mr Munro submitted that he believed the level of carelessness was mid to high range in this case, with the fact a horse (Night Sky), had it chances extinguished. Mr Munro said the Stipendiary Stewards would be seeking a lift in penalty, from the 3 day suspension that the HRNZ Penalty Guidelines recommend as a starting point for a second offence.

Mr Munro also added that Miss Green’s admittance of the breach was frank and prompt.

Miss Green stated that she currently had 18 horses in work and she was intending on taking at least 2 of these (Tisbury Rocks) and (Elouisa Dale) to the Addington meetings later in July. Miss Green also said a 3rd horse (Betta Star) may also travel north depending on how it raced later at today’s meeting.

REASONS FOR PENALTY

The prescribed Penalty Guide starting point for careless driving for a second offence is a 3 day suspension.

Mr Munro is recommending an uplift due to the fact that Night Sky has been put out of the race, and having regard to these factors, an uplift of the starting point of 3 days is now 5 days.

Miss Green is entitled to a discount from the starting point for the mitigating factor of her very early frank admission of the breach, the discount will be 1 day.

A great deal of discussion was generated around Miss Green’s driving at Addington, which revealed that she has only had 1 drive in May 2022 which was successful. The Adjudicative Committee however, has accepted that Miss Green is likely to race at least 2 of her horses at the Addington meetings (two) later this month, which complicates the suspension period. To satisfy that any penalty is meaningful, it was concluded that if Miss Green drove her 2 horses at two of the Addington meetings, this would equate to 1 day in the 4 day suspension.

CONCLUSION

Miss Green is suspended from after the close of racing on 7/7/2022 up to and including 25/8 /2022. The meetings intended to be encompassed by the period of suspension are,  Addington 14/7/2022 and Addington 22/7/2022, 11/8/2022 (Gore at Wyndham), 21/8/2022 (Kurow at Oamaru), and 25/8/2022 at Winton.