Winton HRC 27 May 2023 – R9 (heard 5 June 2023 at Invercargill) – Kirstin Green

ID: RIB22685

Respondent(s):
Kirstin Green - Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A17124

Decision Type:
Race Related Charge

Charge:
Push Out Rule

Rule(s):
869(4) - Riding/driving infringement, 869(6)(b)(c) - Riding/driving infringement

Plea:
Not Admitted

Animal Name:
SEABROOKE

Code:
Harness

Race Date:
27/05/2023

Race Club:
Winton Harness Racing Club

Race Location:
Winton Racecourse - Racecourse Road, Winton, 9720

Race Number:
R9

Hearing Date:
05/06/2023

Hearing Location:
Invercargill

Outcome: Not Proved

Penalty: N/A

Mr Munro alleged that in Race 9, Ms Green forced a runner (MAGIC SIGN, Mr J Douglas), to race wider on the track passing the 1200 metres.

Mr Munro demonstrated on the videos that at about the 1200-metre mark, Mr Hunter (RAKADAN) who had been racing 2-wide towards the back of mid-field, shifted out to take a run 3-wide. Ms Green, who had been on the pylons, shifted out to take the hole that Mr Hunter had left. He said Mr Douglas had been racing 2-wide and he had moved 2½-wide to be outside Ms Green’s wheel when she moved, and he had been pushed wider on the track. He said the Stewards accepted that Mr Douglas had contributed to the breach by wanting “a bob each way” and had placed himself in “no man’s land”. He later explained that these latter words were used by Mr Douglas when questioned by the Stewards after the race. Mr Douglas had also said he could have pulled back and that as his horse was having its first start after a spell, he was not looking to race 3-wide. It was an error on his part to be 2½-wide.

Ms Green said Mr Douglas had followed Mr Hunter out. There was plenty of room for her and there was no contact with, or yelling from Mr Douglas. She believed Mr Douglas was in 2 minds as to whether to follow Mr Hunter and had ended up going. She added she was never close enough to Mr Douglas to push him out and he was out 2½-wide before she shifted. She said she had looked before she moved and saw Mr Douglas was half carting and believed he was intending to follow the 3-wide train.

Decision

The Adjudicative Committee is satisfied that while the head of Mr Douglas’ horse may have been outside the wheel of Ms Green’s cart, he was half-carting when she shifted out. He was wanting “a bob each way” and had placed himself in “no man’s land”. The Adjudicative Committee accepts there was a space for Ms Green to move into after Mr Hunter had shifted 3-wide looking for a run. At that point, Mr Douglas had either to pull back or take the 3-wide line. Significantly, Mr Douglas was not in the 2-wide line when Ms Green shifted ground.

While Mr Douglas has ended up wider on the track than he first intended, this is primarily of his own making rather than Ms Green trying to push him wider on the track. It was the result of Mr Douglas’ own indecision, rather than Ms Green shifting him from a 2-wide to a 3-wide position.

The charge is not proved.

Decision Date: 05/06/2023

Publish Date: 07/06/2023