Invercargill HRC 10 August 2025 – R7 – Kirstin Green

BACKGROUND

Following the running of Race 7, Open Driver Kirstin Green admitted a breach of Rule 869(7A)(c). The particulars of the charge were that, when driving SURE TO RISE, she shifted inwards in the run home, forcing ROCKY PACIFIC (C Dalgety) to race inside the marker line.

Rule 869 provides as follows:

(7A)  Every driver who moves inwards shall ensure:

         (c)  that the movement does not cause any other driver, horse or sulky to contact any track marker or protrude inside the marker line.

At the start of the hearing, Ms Green confirmed her understanding of the Rule and the nature of this charge, along with her admission of the breach.

EVIDENCE

Mr Renault used the available race videos to identify the Respondent, driving SURE TO RISE, coming off the home bend 3-wide with cover in a midfield position.

Denied clear running down the home straight, Ms Green was shown shifting ground inwards and working home strongly between other horses. Mr Renault pointed out Ms Green angling down the track to the inside of Mr Orange (OUR TWINKLE) inside the last 100 metres of the race. Stewards submitted that, in making this shift inwards, Ms Green had dictated Ms Tomlinson (CRACKASKY) down the track. Mr Dalgety (ROCKY PACIFIC) was, at the same time, attempting to push through on the passing lane inside Ms Tomlinson.

The shift in by Ms Green late in the run home had placed Ms Tomlinson in restricted room, Mr Renault said, and, in turn, had ultimately forced Mr Dalgety’s sulky wheel inside one track marker and over another.

Mr Munro submitted that Ms Green had taken the run to the inside of Mr Orange slightly earlier than she should have. Ms Green was allowed to shift Ms Tomlinson down the track, but only if there was room for Ms Tomlinson to safely accommodate the shift. There was not room, because Mr Dalgety had progressed inside Ms Tomlinson on the passing lane.

Mr Munro explained that Ms Tomlinson, on the trailing horse, had first use of the passing lane but had left enough room to her inside for Mr Dalgety to attempt to squeeze through. The legs of Mr Dalgety’s horse had safely found the gap and it appeared room was likely to open up for his sulky before the shift down by Ms Green caused the incident that gave rise to this charge.

Ms Green agreed she had made her run inside Mr Orange “a stride too early” but had done so believing Ms Tomlinson was clearly established in the passing lane without another horse trying to burrow through underneath.

“I think it’s a little bit marginal as Ms Tomlinson is in the passing lane and it is a one horse passing lane. I didn’t realise Carter (Dalgety) was there, and I felt it was a little bit marginal, him taking that gap as well,” Ms Green said.

However Ms Green conceded that her movement had “definitely contributed” to Mr Dalgety “being put over a marker peg.”

DECISION

As Ms Green has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which showed that Ms Green had had 192 drives this season and 238 the last. Her lifetime drives stood at 4453. She was described as a very busy Southland Trainer-Driver.

Ms Green had a clear record under the Rule, Mr Munro said.

Stewards considered the breach to be slightly below mid-level. Mr Munro submitted that the shift down the track by Ms Green which forced Mr Dalgety over the marker line had not resulted in Ms Green securing a dividend-bearing placing or, in the Stewards’ view, adversely affected Mr Dalgety’s finishing position.

The starting point in the RIB Penalty Guide was a $300 fine for a first breach held to be mid-level. Stewards believed this was an appropriate penalty in this case, Mr Munro said.

Ms Green considered this to be a low-level breach that resulted from unfortunate timing. The penalty should reflect this, she submitted.

REASONS FOR PENALTY

The breach is found to be mid-level. The manner in which the Respondent shifted ground was responsible for forcing Ms Tomlinson’s horse onto Mr Dalgety, whose sulky wheel went inside one track marker and over another. Ms Green admits she did not see Mr Dalgety improving in the passing lane. However, neither Ms Tomlinson (who finished 10th) nor Mr Dalgety (11th) lost significant momentum or, in the view of the Adjudicative Committee, the opportunity to finish in a dividend-bearing position.

Ms Green finished 6th, so was not advantaged in terms of stakemoney by her actions in the home straight.

The RIB Penalty Guide provides a starting point of a $300 fine for a first breach of the Rule held to be mid-level. The Adjudicative Committee adopts this position. There are no aggravating factors. Ms Green is afforded a $50 reduction in the fine for her admission of the breach and clear record.

CONCLUSION

Driver Kirstin Green is fined $250.