Waikouaiti HRC 26 February 2018 – R 6 – Chair, Prof G Hall
ID: JCA11099
Meet Title:
Waikouaiti HRC - 26 February 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/02/26
Race Number:
R 6
Decision:
Mr Kyle has admitted the breach. We find the breach proved.
Penalty:
Mr Kyle is suspended from the end of racing today up to an including 17 March 2018. This is three Southland days.
Facts:
Following the running of Race 6, the FISH INN WAIKOUAITI / HOPE AND SONS Mobile Pace, an information was filed by Stipendiary Steward, Mr Tidmarsh, alleging that Mr Kyle, the driver of MAN I’M GOOD, “used his whip in an excessive manner over the final 400 metres.”
Mr Kyle signed the Information indicating that he admitted the breach and did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Tidmarsh demonstrated on the race films that the respondent used his whip 12 times in the home straight. MAN I’M GOOD finished in 6th place. The level of force was mid range and the strikes were quick fire over the final 100 metres.
Submissions for Penalty:
Mr Tidmarsh said Mr Kyle had breached this rule on the first day of the meeting. He was fined $200 on that occasion. As this is a second breach within six months the starting point is a three-day suspension. He submitted a three-day suspension was appropriate in this case.
Reasons for Penalty:
The Committee is satisfied that Mr Kyle used his whip 12 times inside the final 400 metres.
Mr Kyle had previously breached this rule on the first day of this meeting. Mr Kyle is not a busy driver. He is based in Southland and has had 22 drives this season and 26 the one before. He agrees with the RIU’s submission that he does not drive at Forbury Park.
The starting point is three days. The breach is mid range. The degree of force itself is not excessive. The breach is admitted. Weighing aggravating and mitigating factors leaves us with a penalty at the starting point of three days.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1d38252012fd4820f612e77d2d4f85f9
informantnumber: A10416
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 05/03/2018
hearing_title: Waikouaiti HRC 26 February 2018 - R 6 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 6, the FISH INN WAIKOUAITI / HOPE AND SONS Mobile Pace, an information was filed by Stipendiary Steward, Mr Tidmarsh, alleging that Mr Kyle, the driver of MAN I’M GOOD, “used his whip in an excessive manner over the final 400 metres.”
Mr Kyle signed the Information indicating that he admitted the breach and did not wish to be present at the hearing.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Tidmarsh demonstrated on the race films that the respondent used his whip 12 times in the home straight. MAN I’M GOOD finished in 6th place. The level of force was mid range and the strikes were quick fire over the final 100 metres.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kyle has admitted the breach. We find the breach proved.
sumissionsforpenalty:
Mr Tidmarsh said Mr Kyle had breached this rule on the first day of the meeting. He was fined $200 on that occasion. As this is a second breach within six months the starting point is a three-day suspension. He submitted a three-day suspension was appropriate in this case.
reasonsforpenalty:
The Committee is satisfied that Mr Kyle used his whip 12 times inside the final 400 metres.
Mr Kyle had previously breached this rule on the first day of this meeting. Mr Kyle is not a busy driver. He is based in Southland and has had 22 drives this season and 26 the one before. He agrees with the RIU’s submission that he does not drive at Forbury Park.
The starting point is three days. The breach is mid range. The degree of force itself is not excessive. The breach is admitted. Weighing aggravating and mitigating factors leaves us with a penalty at the starting point of three days.
penalty:
Mr Kyle is suspended from the end of racing today up to an including 17 March 2018. This is three Southland days.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr A Kyle - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0aae3c530119304193ca7b286862031b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 30771247e7d696874261e2cb0c30df56
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/02/2018
meet_title: Waikouaiti HRC - 26 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Waikouaiti HRC