Riverton TC 28 January 2024 – R4 – Alister Kyle

Mr Munro alleged that in Race 4, Mr Kyle (TERROR COVE) drove carelessly when allowing his horse to shift down the track when in a gallop, checking FIERY BANDITO which lost all chance.

Mr Munro demonstrated the incident on the videos. Some 100 metres after the start, TERROR COVE galloped and Mr Kyle correctly took the horse to the outside of the track. However, when TERROR COVE was still out of its gait, Mr Kyle directed the horse downwards on the track and back into the field. In so doing, Ms Green driving FIERY BANDITO, had to check her horse and as a consequence, the horse galloped and lost considerable ground. Mr Munro said although there was no contact with FIERY BANDITO, Mr Kyle had interfered with that horse and had driven carelessly.

Mr Kyle said he had taken TERROR COVE to the outside of the track. The horse was a difficult horse to drive, and it had ducked back in, but he acknowledged he was pulling the horse both ways to try and get it back into its gait. He said Ms Green had called out to him. There had been no contact though. He said that FIERY BANDITO was not foolproof. However, he acknowledged he had not realised Ms Green was there until she called out. He had checked his horse but accepted now that it was too late.

Reasons for Decision

The Adjudicative Committee is satisfied that by allowing his horse to go back into the field for a distance while still galloping, Mr Kyle has driven carelessly in that he has come into the path of Ms Green, who has suffered interference. She has had to check her horse and FIERY BANDITO has galloped and lost its chance in the race.

Decision

The charge is proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Kyle has had 7 drives this season and 63 the last. He has had 914 lifetime drives. His record is clear under this Rule. Mr Munro submitted the breach was high-range due to the Respondent’s horse and FIERY BANDITO both losing their chances in the race.

Mr Kyle said he wanted any suspension to commence after racing on 4 February.

Reasons for Penalty

The breach is high-range. Two horses effectively lost their chances in the race. The Penalty Guide provides a starting point of a 3-day suspension for a first such breach. A penalty at the starting point is appropriate.

Conclusion

Mr Kyle is suspended from the end of racing on 4 February 2024, up to and including 23 February 2024.