Waikato BOP H 6 May 2025 – R3 – Kevin Hall

Summary of Facts:

Following the running of Race 3, the Respondent Mr K Hall admitted a breach of Rule 869(3)(b); namely that he allowed his horse EYES TO HEAVEN, to shift inwards near the 1400 metre mark, checking BOOT SCOOTIN BOOGIE (J Brownlee), which broke with resultant interference to trailing runners.

The Respondent endorsed the Information ‘I do admit the breach of the rule’ and confirmed he understood the Rule.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Senior Stipendiary Steward Mr S Mulcay identified the horses involved in the incident namely, EYES TO HEAVEN, driven by Mr K Hall and BOOT SCOOTIN BOOGIE, driven by Mr J Brownlee.

Mr Mulcay said EYES TO HEAVEN was three wide, outside BOOT SCOOTIN BOOGIE, near the 1400 metre mark. He noted EYES TO HEAVEN had its head turned and was laying in. Rather than correcting this movement, Mr Hall had driven forward and his horse continued to shift in when not clear of BOOT SCOOTIN BOOGIE, causing that horse to break. The interference impacted on BOOT SCOOTIN BOOGIE’s chances and the runners trailing that horse.

Mr Hall felt there were contributing factors to the incident, but admitted the charge.

Decision:

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

Submissions for Penalty:

Senior Stipendiary Steward S Mulcay produced the Respondent’s record, which was clear.

He said that the breach was considered to be in the mid range, as it affected the chances of other runners. Guidelines in relation to careless driving mid range, recommend a starting point of a 5 day suspension or a $500 fine. He said Mr Hall preferred a suspension to a fine.

Mr Mulcay said that for Amateur Drivers, races were programmed fortnightly and as a rule, which was applied in both Islands, an appropriate suspension for such a breach for an Amateur Driver, would be for the calendar month from 7 May to 6 June inclusive, which would include 2 programmed amateur events (22 and 29 May).

Mr Hall had no comment on the penalty submissions.

Reasons for Penalty:

The video clearly illustrated that Mr Hall allowed his mare to shift inwards near the 1400 metre mark, checking BOOT SCOOTIN BOOGIE (J Brownlee), which broke and as a consequence, interference was caused to trailing runners.

The Penalty Guide provides a penalty starting point of 5 days suspension or a $500 fine. Consideration had to be given to the fact that Amateur Drivers’ races are programmed infrequently, with 2 being programmed for the rest of the month on 22 and 29 May 2025. On this occasion, the Adjudicative Committee viewed the breach as a mid range breach, due to the consequences of the interference and the nature of the circumstances of the breach.

After evaluating all of the factors, the Adjudicative Committee determined a suspension of Mr Hall’s Licence to drive from 7 May to 6 June 2025 inclusive, covering 2 programmed Amateur Events, was appropriate.

Conclusion:

The Respondent was suspended from 7 May 2025, to the conclusion of racing on 6 June 2025 inclusive.