Non Raceday Inquiry RIU v A Kyle – Decision dated 25 October 2015 – Chair, Prof G Hall
ID: JCA16653
Decision:
Forbury Park Trotting Club 25 October 2015
Information No. 6729 from the Wairio TC meeting 18 October 2015
Informant: Mr M Davidson, Stipendiary Steward
Respondent: Mr A Kyle, Open Horseman
Rule 869(2)(a) excessive use of the whip
Mr Davidson, Stipendiary Steward, alleged that Mr A Kyle committed a breach of r 869(2)(a) in that he used his whip in a manner that the stewards deemed to be excessive.
Rule 869 states: (2) No horseman shall during any race: (a) use his whip in an unnecessary, excessive or improper manner.
Facts
Mr Davidson demonstrated that the respondent struck his horse 16 times in the run home, which, in this case, was down the outside of the track. He stated the concern of the Stewards was that Mr Kyle’s actions were continuous.
Mr Kyle acknowledged that the number of strikes was 16 and said he knew he was getting close to the mark the stewards would deem to be excessive.
Decision
Mr Kyle admitted the breach. It is thus found to be proved, in accordance with r 1111(1)(d).
Submissions as to penalty
Mr Davidson produced Mr Kyle’s record, which was clear with respect to this rule in both this and the previous season. Mr Davidson said the respondent had about 30 drives a season on average and a penalty of 2 days’ suspension would be appropriate.
Mr Kyle stated he did not seek a deferment of his penalty and he accepted that his actions warranted a 2-day suspension.
Reasons for decision
Mr Kyle has admitted the breach at the first opportunity. The number of strikes is 16 but these are identical in nature, with no discernible pause.
Mr Kyle’s record is excellent. The Penalty Guide starting point is 2 days’ suspension or a $500 fine. There is no need to raise the starting point and we believe the mitigating factors are such that a penalty at the starting point is appropriate, having regard to the fact that the respondent only drives infrequently.
Decision
Mr Kyle is suspended from driving from the end of the meeting today, 25 October, up to and including 6 November. This is 2 Otago/ Southland days.
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 27/10/2015
Publish Date: 27/10/2015
JCA Decision Fields (raw)
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decisiondate: 27/10/2015
hearing_title: Non Raceday Inquiry RIU v A Kyle - Decision dated 25 October 2015 - Chair, Prof G Hall
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
Forbury Park Trotting Club 25 October 2015
Information No. 6729 from the Wairio TC meeting 18 October 2015
Informant: Mr M Davidson, Stipendiary Steward
Respondent: Mr A Kyle, Open Horseman
Rule 869(2)(a) excessive use of the whip
Mr Davidson, Stipendiary Steward, alleged that Mr A Kyle committed a breach of r 869(2)(a) in that he used his whip in a manner that the stewards deemed to be excessive.
Rule 869 states: (2) No horseman shall during any race: (a) use his whip in an unnecessary, excessive or improper manner.
Facts
Mr Davidson demonstrated that the respondent struck his horse 16 times in the run home, which, in this case, was down the outside of the track. He stated the concern of the Stewards was that Mr Kyle’s actions were continuous.
Mr Kyle acknowledged that the number of strikes was 16 and said he knew he was getting close to the mark the stewards would deem to be excessive.
Decision
Mr Kyle admitted the breach. It is thus found to be proved, in accordance with r 1111(1)(d).
Submissions as to penalty
Mr Davidson produced Mr Kyle’s record, which was clear with respect to this rule in both this and the previous season. Mr Davidson said the respondent had about 30 drives a season on average and a penalty of 2 days’ suspension would be appropriate.
Mr Kyle stated he did not seek a deferment of his penalty and he accepted that his actions warranted a 2-day suspension.
Reasons for decision
Mr Kyle has admitted the breach at the first opportunity. The number of strikes is 16 but these are identical in nature, with no discernible pause.
Mr Kyle’s record is excellent. The Penalty Guide starting point is 2 days’ suspension or a $500 fine. There is no need to raise the starting point and we believe the mitigating factors are such that a penalty at the starting point is appropriate, having regard to the fact that the respondent only drives infrequently.
Decision
Mr Kyle is suspended from driving from the end of the meeting today, 25 October, up to and including 6 November. This is 2 Otago/ Southland days.
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