Archive Decision

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Gore HRC 6 May 2017 – R 8 – Chair, Prof G Hall

ID: JCA15363

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Kyle - Open Horseman

Information Number:
A9363

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Gore HRC - 6 May 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/05/06

Race Number:
R 8

Decision:

As Mr Kyle has admitted the breach, we find the breach proved.

Penalty:

Mr Kyle is fined the sum of $300.

Facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Kyle (MAN I’M GOOD) used his whip excessively inside the final 400 metres of race 8, the OSBORNE ROCK SUPPLIES MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Tidmarsh demonstrated on the videos that the respondent used his whip 28 times from when the field rounded the home bend until the winning post. He said Mr Kyle’s whip motion was continuous and thus in breach of the guidelines despite the fact Mr Kyle had his hands on the reins.

Mr Kyle stated he was confused by the guidelines and believed he was able to use the whip in this manner provided it was with the reins.

Submissions for Penalty:

Mr Kyle has had 23 drives this season and 43 last season. He explained he primarily drove his own team.

Mr Tidmarsh stated the respondent’s record was clear under this rule for the past 12 months and recommended a fine of $400 and, in so doing, emphasised the number of strikes.

Reasons for Penalty:

We have had regard to the starting point in the JCA Penalty Guide of $500. We do not increase the starting point for the number of strikes, principally because the respondent believed, as have a number of drivers charged with a breach of this rule, that he was driving in accordance with the guidelines, as he had his hands on the reins. We give a $100 discount for each of the mitigating factors of admission of the breach and good record.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 89bae2016f1877ea095acf58be70e81e


informantnumber: A9363


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 07/05/2017


hearing_title: Gore HRC 6 May 2017 - R 8 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh, Stipendiary Steward, alleged that Mr Kyle (MAN I’M GOOD) used his whip excessively inside the final 400 metres of race 8, the OSBORNE ROCK SUPPLIES MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Tidmarsh demonstrated on the videos that the respondent used his whip 28 times from when the field rounded the home bend until the winning post. He said Mr Kyle’s whip motion was continuous and thus in breach of the guidelines despite the fact Mr Kyle had his hands on the reins.

Mr Kyle stated he was confused by the guidelines and believed he was able to use the whip in this manner provided it was with the reins.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Kyle has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr Kyle has had 23 drives this season and 43 last season. He explained he primarily drove his own team.

Mr Tidmarsh stated the respondent’s record was clear under this rule for the past 12 months and recommended a fine of $400 and, in so doing, emphasised the number of strikes.


reasonsforpenalty:

We have had regard to the starting point in the JCA Penalty Guide of $500. We do not increase the starting point for the number of strikes, principally because the respondent believed, as have a number of drivers charged with a breach of this rule, that he was driving in accordance with the guidelines, as he had his hands on the reins. We give a $100 discount for each of the mitigating factors of admission of the breach and good record.


penalty:

Mr Kyle is fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr A Kyle - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e7e942db8e2e5c811fbb399a81589cee


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1c119bcc07490b9ea6423c020cd1aa8c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/05/2017


meet_title: Gore HRC - 6 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Gore HRC