Northern Southland TC 18 January 2024 – R10 (heard 8 February 2024 at Invercargill) – Kirstin Green

Mr Munro alleged that in Race 10, Ms Green (FERNLEIGH BLACKBIRD) drove carelessly near the 200 metres when striking the sulky wheel of IDEAL DOUBLE (Ms O’Reilly), the tyre of which deflated.

Mr Munro demonstrated the incident on the videos. The Respondent was racing 4 back behind Ms O’Reilly who was on the pegs as the field rounded the home bend. Ms Green first looked for a run outside Ms O’Reilly before shifting in when entering the home straight to take a run to the inside of Ms O’Reilly. In so doing, FERNLEIGH BLACKBIRD made contact with the wheel of Ms O’Reilly’s cart and the tyre deflated.

Mr Munro stated that Ms O’Reilly spoke to Assistant Stipendiary Steward, Mr Burke, immediately after the race and reported that a tyre on her cart had deflated due to contact on the home turn.

Ms Green said she could not see on the video where she had brushed the wheel of Ms O’Reilly’s cart. It was not conclusive given the angle. She said she had shifted ground in a deliberate manner as FERNLEIGH BLACKBIRD had been racing a little erratically and she believed she had not driven carelessly. She was surprised that she might have struck the wheel as neither her horse nor that of Ms O’Reilly had reacted. She added a tyre could go flat without there being any contact. IDEAL DOUBLE was tiring. She concluded her defence to the charge by stating she believed she had driven in a safe and proper manner.

Decision

The video evidence is that there is a brushing of the wheel of Ms O’Reilly’s cart by FERNLEIGH BLACKBIRD. Ms Green is correct in saying the angle is not ideal, but this contact is at the time at which Ms O’Reilly has said that her tyre deflated. Ms Green was making a run to the inside of Ms O’Reilly. There has been slight contact; it was an error of judgement in that she was too close to Ms O’Reilly’s cart when shifting ground. The charge is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Ms Green has had 4057 lifetime drives: 34 this season and 202 the last. Her record shows a previous breach at Addington on 17 November last. Mr Munro submitted the breach was low-range.

Ms Green did not disagree with the Stewards’ assessment of the seriousness of the breach. She asked for any suspension to commence after racing on the 11th of this month.

Reasons for Penalty

The breach is low-range. The Penalty Guide provides a starting point of a 3-day suspension for a second such breach. Mitigating factors are that it was a light touch, and the deflating tyre did not affect the chances of IDEAL DOUBLE running 4th, as FERNLEIGH BLACKBIRD, which finished 4th, has run on strongly in the straight. A penalty at the starting point is appropriate.

Conclusion

Ms Green is suspended from driving from the end of the meeting on 11 February 2024, up to and including 22 February 2024. This is 3 days.