Gore HRC 9 February 2019 – R 1 – Chair, Prof G Hall
ID: JCA11237
Meet Title:
Gore HRC - 9 February 2019
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2019/02/09
Race Number:
R 1
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 and including 24 February 2019. This is three days.
Facts:
Following the running of Race 1, the HOKONUI HONDA TROT, an information was laid by Stipendiary Steward, Mr Renault, alleging that Mr Kyle, the driver of LADY ZARA, used his whip on more occasions than is permitted by the Use of the Whip regulations.
Mr Kyle signed the information indicating that he admitted the breach.
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 Renault demonstrated on the race films that the respondent used his whip 11 times in the home straight. LADY ZARA won the race.
Mr Kyle said he thought he would easily win the race, but the mare had dropped the bit half way up the straight. There was a lot of money on the horse and had he not given her 3 or 4 with the whip she would not have won the race. He had had to use the whip to wake her up. He said if he had not done this, he could have been charged with failing to drive his horse out. LADY ZARA was also hanging coming up the straight.
Mr Renault replied that a driver has to drive within the Rules. If a horse could not win the race when doing so, then sobeit.
Submissions for Penalty:
Mr Renault said Mr Kyle had breached this rule on 6 January at Cromwell (16 strikes). As this is a second breach within six months, the starting point is a 3 to 5-day suspension. He believed a suspension at the higher end of the range was appropriate, as Mr Kyle had only had 5 drives since the previous breach.
Mr Kyle submitted a fine was appropriate. He emphasised it was only 1 strike more than the permitted number and the horse was a favoured runner. We are aware that a substantial fine has been imposed on 2 occasions where the circumstances were exceptional. Mr Kyle was unable to point to any such circumstance. He indicated an intention to appeal, as is his right. We would also comment that if there is a general concern amongst horsemen that there should be an option of a fine as a penalty for a second breach that this be brought to the attention of the appropriate bodies by their Association.
Reasons for Penalty:
The Committee is satisfied that Mr Kyle used his whip 11 times inside the final 400 metres.
Mr Kyle had previously breached this rule on 6 January. Mr Kyle is not a busy driver, but he has fallen foul of the whip rule on 2 occasions within a relatively short period of time.
The starting point is 3 days to 5 days. The breach is low-range. The breach is admitted.
Weighing aggravating and mitigating factors leaves us with a penalty at the starting point of three days. There are no exceptional circumstances justifying the imposition of a fine.
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: 1a2108f9f6e78aaea272807ed30b9f5b
informantnumber: A9805
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 13/02/2019
hearing_title: Gore HRC 9 February 2019 - R 1 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 1, the HOKONUI HONDA TROT, an information was laid by Stipendiary Steward, Mr Renault, alleging that Mr Kyle, the driver of LADY ZARA, used his whip on more occasions than is permitted by the Use of the Whip regulations.
Mr Kyle signed the information indicating that he admitted the breach.
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 Renault demonstrated on the race films that the respondent used his whip 11 times in the home straight. LADY ZARA won the race.
Mr Kyle said he thought he would easily win the race, but the mare had dropped the bit half way up the straight. There was a lot of money on the horse and had he not given her 3 or 4 with the whip she would not have won the race. He had had to use the whip to wake her up. He said if he had not done this, he could have been charged with failing to drive his horse out. LADY ZARA was also hanging coming up the straight.
Mr Renault replied that a driver has to drive within the Rules. If a horse could not win the race when doing so, then sobeit.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Kyle has admitted the breach. We find the breach proved.
sumissionsforpenalty:
Mr Renault said Mr Kyle had breached this rule on 6 January at Cromwell (16 strikes). As this is a second breach within six months, the starting point is a 3 to 5-day suspension. He believed a suspension at the higher end of the range was appropriate, as Mr Kyle had only had 5 drives since the previous breach.
Mr Kyle submitted a fine was appropriate. He emphasised it was only 1 strike more than the permitted number and the horse was a favoured runner. We are aware that a substantial fine has been imposed on 2 occasions where the circumstances were exceptional. Mr Kyle was unable to point to any such circumstance. He indicated an intention to appeal, as is his right. We would also comment that if there is a general concern amongst horsemen that there should be an option of a fine as a penalty for a second breach that this be brought to the attention of the appropriate bodies by their Association.
reasonsforpenalty:
The Committee is satisfied that Mr Kyle used his whip 11 times inside the final 400 metres.
Mr Kyle had previously breached this rule on 6 January. Mr Kyle is not a busy driver, but he has fallen foul of the whip rule on 2 occasions within a relatively short period of time.
The starting point is 3 days to 5 days. The breach is low-range. The breach is admitted.
Weighing aggravating and mitigating factors leaves us with a penalty at the starting point of three days. There are no exceptional circumstances justifying the imposition of a fine.
penalty:
Mr Kyle is suspended from the end of racing today up to and including 24 February 2019. This is three days.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr A Kyle - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 24a6cac24251a29eca6e9e12ebb7d646
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 85b257559974f152032fbbcf13d5ebd9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/02/2019
meet_title: Gore HRC - 9 February 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore HRC