Winton HRC 17 April 2025 – R1 – Oliver Kite

BACKGROUND

Following the running of Race 1, Junior Driver Oliver Kite admitted a breach of the Push Out Rule under r 869(4) and 869(6)(b)(c). The particulars of the charge were that, when driving CHEZZ DALE, he had shifted an outside runner (EMERALD ABBEY, driven by Peter Hunter) wider on the track before the 1000 metre mark.

The relevant sections of the Push Out Rule provide as follows:

Rule 869(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Rule 869(6)(b) a horse during any race shall not be forced to race wider on the track; and (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Rule 869(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race.

As a Junior Driver, the Respondent was permitted to call on a support person to be present for the hearing of the charge. Mr Kite informed the Adjudicative Committee that he had taken the opportunity before the hearing to view the films, and receive advice about the Rule and the nature of this charge from his employer, Mr Nathan Williamson. Mr Kite elected to proceed with the hearing without further assistance.

EVIDENCE

Ms Haley used the available race videos to identify Mr Kite positioned 3 places back in the peg line passing the 1200 metre mark. He was following the horse in the trail, MIKI COHEN, driven by Kirstin Green. At this stage of the race, Mr Hunter, driving EMERALD ABBEY, was positioned one out and one back.

Approaching the 1000 metre mark, EMERALD ABBEY had crept up in the running line to be only about a half-length back from CHEZZ DALE, which was racing to her inside. Ms Haley referred to footage from the back straight camera which showed the field entering the back straight head-on. This offered a clear view of Mr Kite angling CHEZZ DALE off the peg line to claim Mr Hunter’s one out-one back position. As a consequence, Mr Hunter and EMERALD ABBEY were forced to shift out 3-wide.

Stewards submitted the push out by the Respondent started before the 1000 metre mark, in contravention of the Rule. Ms Haley slowed and then froze the back straight and primary side-on camera angles to show the nose of CHEZZ DALE was outside Ms Green’s helmet at the 1020 metre mark.

CHEZZ DALE went on to win the race for Mr Kite by a half-neck.

EMERALD ABBEY sat 3-wide until the 400 metre mark, by which time she had drifted to the rear of the field. She finished 12th, beaten 17.3 lengths. Stewards spoke after the race with Mr Hunter, who reportedly said his horse was already under pressure when the push out occurred.

Mr Kite said coming off a bend made the 1000 metre mark feel closer than it was. He said he thought he was in a position to push Mr Hunter out in keeping with the Rule, but had slightly misjudged his move.

DECISION

As Mr Kite has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which showed that Mr Kite had had 22 drives this season and 55 the last. His lifetime drives stood at 391. He was described as a reasonably busy Southland Junior Driver.

Mr Kite had a clear record under this Rule, Mr Munro said. Further, his overall record was “excellent.” Mr Kite had not been charged or even warned for any matter in the previous 12 months.

The starting point in the RIB Penalty Guide was a $200 fine for a first breach of the Push Out Rule, Mr Munro said. Stewards submitted that Mr Kite’s ready admission of the breach, along with his Junior Driver status and excellent record should be taken into account when deciding upon the penalty.

Stewards did not believe the fact Mr Kite had won the race should, on this occasion, be viewed as an aggravating factor. Mr Hunter had told Stewards his horse was not travelling well when he was pushed out. “I think Mr Kite would have got that run at any stage he wanted to after the 1000 metres,” Mr Munro said.

Mr Kite asked the Adjudicative Committee to consider his excellent record and admission of the breach, and set the lowest penalty possible.

REASONS FOR PENALTY

A slight misjudgement saw Mr Kite move off the peg line and shift Mr Hunter wider on the track some 20 metres before he was entitled to do so.

The Adjudicative Committee takes a starting point of a $200 fine, as outlined in the RIB Penalty Guide for a first breach of the Push Out Rule.

When the Respondent goes on to win the race, this can (and often does) warrant an increase to the penalty, on the basis that an unfair advantage has been gained. On this occasion, the Adjudicative Committee is persuaded by the reported comment of Mr Hunter that his horse was essentially beaten when this incident occurred, and the Stewards’ opinion that Mr Kite could have successfully completed his manoevre within the requirements of the Push Out Rule just a few metres further on. The winning of the race by Mr Kite is not held to be an aggravating factor.

Credit is given for Mr Kite’s admission of the breach, and his excellent record overall. To have not attracted even a warning from Stewards for any matter in the previous 12 months, speaks highly of his progress as a Junior Driver. Taking both mitigating factors into account, the Adjudicative Committee reduces the $200 starting point by $50.

CONCLUSION

Junior Driver Oliver Kite is fined $150.